Presumptive Repubican presidential nominee John McCain will speak today on his philosophy of judging. From the looks of
, it doesn’t figure to be anything particularly surprising. Just claims that Roberts and Alito are against judicial activism while the Dems are for it. But what does interest me is that, with the creation of the American Constitution Society as a counter to the Federalist Society, and the efforts of Justice Breyer to expressly challenge in the public domain the judicial philosophy of (at least some on) the right—and particularly as they are reflected in the opinions and writings of Justice Scalia—this would seem to be a year in which one might expect there to be an answer from the presumptive nominee on the other side. And by an answer, I mean something more than a reiteration of commitment to certain discrete precedents, say, perhaps
Casey
and
Grutter
. So, will there be such a reply this election cycle? If not, why not? If so, what would/should such a response be?
