Judiciary issue fuels McCain skeptics

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By Ralph Z. Hallow

NEWS ANALYSIS:

For decades, Republican presidential candidates have rallied the party's base by warning against a federal judiciary filled with liberal appointments, but many conservative activists and pollsters are skeptical that the issue will work well for Sen. John McCain.

Long-standing distrust of Mr. McCain and the composition of the Senate fuel the conservative doubts, although some Republicans think the judges issue can help their party win the White House, particularly in light of the recent 5-4 decision that gave foreign terrorism suspects at Guantanamo Bay the right to go to court.

Among those noting doubts about Mr. McCain's conservative bona fides was Sue Lowden, chairman of the Nevada Republican Party.

"So far, the thought of liberal appointments to the Supreme Court has not energized our base here in Nevada," she said. "We have many in Nevada who are part of the Ron Paul brigade. They would rather lose the presidential election than have McCain.

"Maybe McCain will catch fire, if he comes more often," Mrs. Lowden said. "We are a swing state, and I'm worried."

Rob Haney, a Republican Party committee member from Arizona, Mr. McCain's state, said any judicial appointments would have to pass muster with a Democrat-led Senate. Under such a scenario in 1987, President Reagan had to replace his Supreme Court nominee, Robert Bork, with Anthony M. Kennedy.

"With the probable Democrat gains in the Senate, coupled with the liberal Republicans already there, such as Olympia Snowe, Susan Collins, Arlen Specter, what does it matter that McCain says he will appoint conservative judges?" Mr. Haney said. "He will take what the liberals give him."

Mr. Haney is a vigorous critic of Mr. McCain on immigration and campaign-finance issues and said the presumptive Republican presidential nominee is not the man of the right he claims to be.

"He can say he kept his promise to appoint conservatives because the judges are just as conservative as he is," he said. "And he has already told us how conservative he is."