As far as Obama is concerned, he will undoubtedly nominate justices who are more liberal than those McCain would nominate. But he will be constrained by the same filibuster threat in the Senate that stymied Reagan and Bush 43. Although Republicans controlled the Senate during much of those presidencies, Democrats had great success in defeating their nominees to the court when they were viewed as too conservative. Republicans can do the same thing, arguing that Obama’s nominees are too liberal, forcing him to appoint moderates in the mold of Ruth Bader Ginsburg and Stephen Breyer.
I think we can all agree that pretty well sums up the case for John McCain on judges.