By Mark Memmott

President Barack Obama's opponent in last year's presidential election has announced he will vote against the confirmation of Judge Sonia Sotomayor to the Supreme Court.

Sen. John McCain, R-Ariz., has issued this statement. It says, in part:

"An excellent resume and an inspiring life story are not enough to qualify one for a lifetime of service on the Supreme Court. ... Her writings demonstrated that she does not subscribe to the philosophy that federal judges should respect the limited nature of the judicial power under our Constitution. Judges who stray beyond their constitutional role believe that judges somehow have a greater insight into the meaning of the broad principles of our Constitution than representatives who are elected by the people. These activist judges assume that the judiciary is a super-legislature of moral philosophers. ...
"Again and again, Judge Sotomayor seeks to amend the law to fit the circumstances of the case, thereby substituting herself in the role of a legislator. Our Constitution is very clear in its delineation and disbursement of power. It solely tasks the Congress with creating law. It also clearly defines the appropriate role of the courts to 'extend to all Cases in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties.' To protect the equal, but separate roles of all three branches of government, I cannot support activist judges that seek to legislate from the bench. I have not supported such nominees in the past, and I cannot support such a nominee to the highest court in the land."

Sotomayor is the Democratic president's first Supreme Court nominee. The full Senate is scheduled to vote on her confirmation this week, and with Democrats and their allies controlling 60 seats approval is assured, barring a huge surprise. A handful of Republicans, including one of McCain's closest allies -- Sen. Lindsey Graham of South Carolina -- have also said they support the nominee.

categories: National News

3:12 - August 3, 2009