Senate deal on judges leaves some in GOP sour on McCain

WASHINGTON — Back in 2005, Sen. John McCain of Arizona and fellow members of the so-called Gang of 14 were hailed as heroes by some when they fashioned a pact to avert a Senate vote on banning filibusters against judicial nominees.

Now McCain's role in that effort, which cleared the way for confirmation of some conservative jurists, is cited as one reason many conservatives distrust him. The power to appoint federal judges is seen as one of the most crucial presidential roles by many on the right, and some continue to believe the pact undermined the GOP leadership at the precise moment the party was about to eliminate the ability to use procedural tactics to block judges.

James Dobson, an influential conservative leader, noted McCain's role in the bipartisan Gang of 14 in his announcement that he could not support the lawmaker under any circumstances.

"When people hear he was part of the Gang of 14, it leaves a bad taste in their mouths," said Phil Burress, president of the Citizens for Community Values, based in Ohio.

Even some colleagues now backing McCain consider the deal a sore subject. "We had the votes to put both parties on the spot that whoever is president, Republican or Democrat, has a right to appoint and we have the right to vote up or down," said Sen. Orrin G. Hatch, R-Utah and a former Judiciary Committee chairman.

McCain and his allies say they remain proud of the deal because it avoided a potential constitutional crisis in the Senate and led to the confirmation of two Supreme Court justices named by President Bush.

With the possibility of a Democratic White House and Congress in the future, McCain said protecting the right of the minority to force the majority to produce 60 votes to confirm an objectionable judge might not seem like such a bad idea.

"Find me a Republican senator who now supports 51 votes for the confirmation of a judge," McCain said.

Some Republicans fear that a President McCain, faced with a Democratic Congress, could use judicial appointments as a bargaining chip to achieve policy compromises.

Conservatives say McCain needs to make it clear he intends to name like-minded judges.

"He needs to do some formulation of 'No more Souters,' " said Richard Land, an official with the Southern Baptist Convention. Land was referring to Justice David Souter, an appointee of the first President Bush who has been a disappointment to the right.