McCain was virtually finished in the last quarter of last year, his campaign broke and going nowhere and the GOP establishment was backing Romney.  Now McCain's the GOP nominee.

Rudy 9/11 led in GOP polls, McCain was on his last legs.  But the media looooooves John McCain and hates Rudy 9/11 and strongly disliked Romney.

Sunstein:

Roe vs. Wade, decided in 1973, was founded on the right of privacy in the medical domain, but the court's argument was exceedingly weak. The Constitution does not use the word "privacy" anywhere, and, in any case, the idea of privacy seems to describe a right of seclusion, not a right of patients and doctors to decide as they see fit.

Sunstein is a proponent of judicial minimalism, arguing that judges should focus primarily on deciding the case at hand, and avoid making sweeping changes to the law or decisions that have broad-reaching effects. He is generally thought to be liberal, although he has publicly supported various of George W. Bush judicial nominees, including Michael W. McConnell and John G. Roberts. Much of his work also brings behavioral economics to bear on law, suggesting that the "rational actor" model will sometimes produce an inadequate understanding of how people will respond to legal intervention.
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Judicial Minimalism
Their anti-conservative, yet also anti-liberal stance is well-expressed in the concurrent belief of many minimalists that Roe v. Wade was wrongly decided by its overly liberal court, but also that modern conservatives who either sit on or influence the Supreme Court of the United States are wrong to try and overrule that case at one fell stroke, its effect on the law having become a stable precedent. Depending on the minimalist's particular preferences, a minimalist on the court would be likely to either very slowly bolster or chip away at abortion precedents rather than proclaim a lasting ban or legalization on abortion via Constitutional rulings.
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