My thinking on the election of 2008: Pete makes an excellent point below. To some extent McCain can campaign against the risks involved in giving the whole government to the Democrats, but there are limits to that approach. People clearly do want change--not gridlock, but some results on various public policy fronts. Maybe the biggest example is health care. So it seems to me that McCain is going to have to become a "can do" man on that issue. In fact he is, at least on his website: He has a clear view of why and how we need to abandon the present employer-based health care system. Mac is going to have to make that view comfortably his own in speech and push it on the stump.
Where the gridlock argument is most attractive: People clearly respond to arguments against activist judges, and Mac needs to become even more clear on who they are and what’s wrong with appointing them. So he needs to become clearer and more aggressive on what’s wrong with ROE, saying more than he believes that babies have human rights from conception. There will be no limits on judicial activism--on ROE-based judicial legislation--if Obama is elected. (Here, I tentatively agree with Ken, the campaign might be directed to some extent against Biden, at least to certain kind of audience.)
So, with your help, I’ve decided to devote my time at the APSA to talk some about judicial activism and a bit more about genuinely conservative health care reform.