http://volokh.com/archives/archive_2008_01_27-2008_02_02.shtml#1201840227I honestly don't know whether McCain - should he be elected - would put his desire to uphold McCain-Feingold above his campaign promises to appoint conservative justices. However, the possibility that he might appoint an analogue to Justice Souter or Harriet Miers in order to save McCain-Feingold is a very real one. * * *
However, conservatives and libertarians who care about legal issues should be aware of the possibility that a President McCain might end up appointing justices likely to vote against their positions on most major constitutional issues before the Court.
If he does, being chosen to "gut" the First Amendment makes those Justices unlikely to support a robust view of the Second Amendment.