In a statement on the floor of the Senate, the former Republican presidential candidate characterized as Sotomayor an "activist" who does not seem to share his belief in "judicial restraint."
"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," McCain said.
Furthermore, McCain said that Sotomayor used her position to "amend the law to fit the circumstances of the case." According to McCain, "The job of a judge is not to make law or ignore the law."
"I cannot support activist judges that seek to legislate from the bench," he said. "Judicial activism demonstrates a lack of respect for the popular will that is at fundamental odds with our republican system of government."
McCain said that neither Sotomayor's "inspiring and compelling" life story nor her "excellent" resume are enough to qualify her for the Supreme Court.
"Regardless of one's success in academics and in government service, an individual who does not appreciate the common sense limitations on judicial power in our democratic system of government ultimately lacks a key qualification for a lifetime appointment to the bench," McCain said.
McCain's full statement can be found here.