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Actually there is nothing wrong with the States legislating because that’s the way the Constitution was created. The Federal Government only should be involved in collecting taxes and providing national defense and issues like that.Like President GW Bush, Senator McCain did not support a ‘litmus test’ for Supreme Court Justices. Here’s what he said during a debate with then Senator Obama.
McCAIN: I would never, and have never in all the years I’ve been there, imposed a litmus test on any nominee to the Court. That’s not appropriate to do.
Q: But you don’t want Roe v. Wade to be overturned?
McCAIN: I thought it was a bad decision. I think that decision should rest in the hands of the states. I’m a federalist. And I believe strongly that we should have nominees to the Supreme Court based on their qualifications rather than any litmus test. They should be judged on their qualifications. I will find the best people in America who have a history of strict adherence to the Constitution. And not legislating from the bench.
Q: Even if it was someone who had a history of being for abortion rights?
McCAIN: I would consider anyone on their qualifications. Someone who has supported Roe v. Wade, that would be part of those qualifications. But I certainly would not impose any litmus test
It is something that someone is judged on the negative on the above quotes by John McCain. It seems like we are trying to make square pegs fit into round holes.
I don’t think “qualifications” above means McCain is looking for someone specifically that supported Roe v. Wade, only that that it is among their views, qualifications. He says he would not impose a litmus test. It’s not totally clear as to his intent.