Republican John McCain said Tuesday that his Democratic rival's Supreme Court nominees would produce more decisions like the child rapist ruling that both presidential candidates have criticized.

Addressing the National Sheriff's Association, McCain acknowledged that Democrat Barack Obama had also disagreed with the decision that struck down a Louisiana law allowing capital punishment for people who rape children under 12. Obama said he believed carefully crafted state laws permitting execution of child rapists do not violate the Constitution.

Nevertheless, McCain asked: "Why is it that the majority includes the same justices he usually holds out as the models for future nominations?"

"My opponent may not care for this particular decision, but it was exactly the kind of opinion we could expect from an Obama court," the Arizona senator said.

When asked by CNN in May whether any current justices would be models for his nominees, Obama replied that he considered Stephen Breyer, Ruth Bader Ginsburg and David Souter to be sensible judges. All three voted in the majority in the child rape case, as did Justices Anthony Kennedy and John Paul Stevens.

McCain himself voted to confirm four of the five who voted in the majority. He was not in the Senate in 1975 when Stevens was confirmed.

Presidential rivals John McCain and Barack Obama on Saturday vied for the support of Hispanics, beginning a four-month courtship of a pivotal voting constituency by vowing to revamp immigration policy.

"I come from a border state, my dear friends. I know these issues," McCain told Hispanic elected officials. The Republican senator from Arizona said overhauling the country's broken immigration system, not just securing its borders, "will be my top priority."

Appearing later before the same audience, Obama accused McCain of walking away from comprehensive immigration reform. The Democratic senator from Illinois said: "We must assert our values and reconcile our principles as a nation of immigrants and a nation of laws. That is a priority I will pursue from my very first day."

The two spoke separately to some 700 Hispanics attending the National Association of Latino Elected and Appointed Officials conference. It's the first of three such appearances each is scheduled to make to Hispanic organizations in less than a month, underscoring the importance of the nation's fastest-growing minority group.

Both McCain and Obama were warmly received at NALEO; the crowd gave each standing ovations and cheered loudly. When McCain spoke, the audience shouted down anti-war protesters who interrupted the Republican's speech four times. The audience chanted Obama's name when the Democrat entered later. As he took the stage, Obama said "Si, se puede!" — his "yes we can" campaign slogan in Spanish — and the crowd echoed him.

Hillary Rodham Clinton on Monday criticized Barack Obama for opposing the concept of suspending the gas tax during the peak summer driving months, a plan both she and Republican John McCain have endorsed.

The idea to suspend the 18.4 cent federal gas tax and 24.4 cent diesel tax from Memorial Day to Labor Day was first proposed by McCain, the likely Republican presidential nominee, as a way to ease the economic burden for consumers during the summer.

Obama does not support the "gas tax holiday" and has said the average motorist would not benefit significantly from such a suspension; by some estimates, the federal government would lose about $10 billion in revenue.

"My opponent, Senator Obama, opposes giving consumers a break," Clinton said, campaigning in North Carolina. "I understand the American people need some relief."

Clinton said she would make up the difference in revenue by imposing a "windfall profits tax" on oil companies.

"If we suspended it and made up the lost revenues, that's the best of both worlds," she said.

Clinton commented at a firehouse in Graham, where she was urging North Carolinians to take advantage of the state's early voting, which opened more than a week ago ahead of the May 6 primary.

She and Obama have been pushing their supporters to go to the polls early here and Indiana, which also votes May 6. Obama is favored in North Carolina while the two are competing closely in Indiana.

Besides her push for early voting, Clinton was to spend part of the day raising money. She and daughter Chelsea were to appear at a closed-door fundraiser in Greensboro, with two more fundraisers scheduled later in Charlotte.

Obama also planned campaign appearances in the state, with events in Wilmington, Wilson and Chapel Hill.

The Bush administration is challenging a court ruling that White House visitor logs are public documents, saying releasing the records would infringe on the separation of powers.

White House documents are normally exempt from public records laws, but a federal judge ruled in December that Secret Service visitor logs must be released. The court sided with a liberal watchdog group that sought records showing visits by prominent religious conservatives to the White House and Vice President Dick Cheney's residence.

The Bush administration appealed and lawyers were scheduled to argue the case Monday before the U.S. Court of Appeals for the District of Columbia Circuit.

Government lawyers argue the president and vice president must be able to receive visitors and solicit advice privately. They portrayed the request for Secret Service records as an end-around, saying those same logs maintained by the White House would never be considered public documents.

Citizens for Responsibility and Ethics in Washington wants to use the Secret Service documents to show the influence religious conservatives have on the Bush administration. The government argues that proves the records are related to the White House, not to the workings of the Secret Service, and should not be released.

"The prospect of each and every appointment record immediately becoming the subject of forced public disclosure would surely cast a chill over the ability of the president and vice president to collect information and advice," Justice Department lawyers wrote in court documents.

CREW lawyers reject that argument. They say the documents shouldn't be considered White House records simply because a watchdog group is trying to find out what the White House is up to. The Secret Service created and controlled the documents, the lawyers said, so they should be public.

In preparation for oral arguments Tuesday on the extent of gun rights guaranteed by the Second Amendment, the U.S. Supreme Court has before it a brief signed by Vice President Cheney opposing the Bush administration's stance. Even more remarkably, Cheney is faithfully reflecting the views of President Bush. The government position filed with the Supreme Court by U.S. Solicitor General Paul Clement stunned gun advocates by opposing the breadth of an appellate court's affirmation of individual ownership rights. The Justice Department, not the vice president, is out of order. But if Bush agrees with Cheney, why did the president not simply order Clement to revise his brief? The answers: disorganization and weakness in the eighth year of his presidency.

Consequently, a Republican administration finds itself aligned against the most popular tenet of social conservatism: gun rights, which enjoy much wider agreement than do opposition to abortion or gay marriage. Promises in two presidential campaigns are being abandoned, and Bush finds himself to the left of even Democratic presidential candidate Sen. Barack Obama.

The 1976 D.C. statute prohibiting ownership of all functional firearms was called unconstitutional a year ago in an opinion by Senior Judge Laurence Silberman, a conservative who has served on the U.S. Court of Appeals for the D.C. Circuit for 22 years. It was assumed that Bush would fight Mayor Adrian Fenty's appeal.

The president and his senior staff were stunned to learn, on the day it was issued, that Clement's petition called on the high court to return the case to the appeals court. The solicitor general argued that Silberman's opinion supporting individual gun rights was so broad that it would endanger federal gun control laws such as the bar on owning machine guns. The president could have ordered a revised brief by Clement.

But facing congressional Democratic pressure to keep his hands off the Justice Department, Bush did not act.

Cheney did join 55 senators and 250 House members in signing a brief supporting the Silberman ruling. Although this unprecedented vice presidential intervention was widely interpreted as a dramatic breakaway from the White House, longtime associates could not believe that Cheney would defy the president. In fact, he did not. Bush approved what Cheney did in his constitutional role as president of the Senate.

That has not lessened puzzlement over Clement, a 41-year-old conservative Washington lawyer who clerked for Silberman and later for Supreme Court Justice Antonin Scalia. Clement has tried to explain his course to the White House by claiming that he feared Justice Anthony Kennedy, the Supreme Court's current swing vote, would join a liberal majority on gun rights if forced to rule on Silberman's opinion.

The more plausible explanation for Clement's stance is that he could not resist opposition to individual gun rights by career lawyers in the Justice Department's Criminal Division (who clashed with the Office of Legal Counsel in a heated internal struggle). Newly installed Attorney General Michael Mukasey, a neophyte at Justice, was unaware of the conflict and learned about Clement's position only after it had been locked in.

A majority of both houses in the Democratic-controlled Congress are on record as being against the District's gun prohibition. So are 31 states, with only five (New York, Massachusetts, Maryland, New Jersey and Hawaii) in support. Sen. Barack Obama has weighed in against the D.C. law, asserting that the Constitution confers an individual right to bear arms -- not just collective authority to form militias.

This popular support for gun rights is not reflected by an advantage in the oral arguments to take place Tuesday. Former solicitor general Walter Dellinger, an old hand at arguing before the Supreme Court, will make the case for the gun prohibition. Opposing counsel Alan Gura, making his first appearance before the high court, does not have the confidence of gun-ownership advocates (who tried to replace him with former solicitor general Ted Olson).

The cause needs help from Clement during his 15-minute oral argument, but it won't get it if he reiterates his written brief. The word was passed in government circles this week that Clement would amend his position when he actually faces the justices -- which would be an odd ending to bizarre behavior by the Justice Department.

Gov. Eliot Spitzer has decided to resign, completing a stunning fall from power after he was nationally disgraced by links to a high-priced prostitution ring, a top state official said Wednesday.

Spitzer was scheduled to announce his resignation midday, according to a second top Spitzer staffer. The officials spoke to The Associated Press on condition of anonymity because the announcement had not yet been made.

Spitzer and his wife, Silda, left their apartment around 11 a.m. and got into a black SUV to take them to his office. Cameras aboard news helicopters tracked the movement of Spitzer's three-vehicle motorcade from his apartment on the Upper East Side to his office in midtown Manhattan.

Spitzer would be replaced by Lt. Gov. David Paterson, who will become New York's first black governor.

The scandal erupted Monday when allegations surfaced that Spitzer, a 48-year-old married man with three teenage daughters, spent thousands of dollars on a call girl named Kristen at a swanky Washington hotel on the night before Valentine's Day.

"I have acted in a way that violates my obligations to my family and violates my — or any — sense of right and wrong," the governor said at a news conference with his wife at his side. "I apologize to the public, whom I promised better."

Calls for his resignation came immediately. Republicans began talking impeachment if he didn't step aside. Meanwhile, Spitzer stayed holed up in his Manhattan apartment, where he was reportedly weighing his options, including waiting to use resignation as a bargaining chip with federal prosecutors to avoid indictment.

The case involving Spitzer started when banks noticed frequent cash transfers from several accounts and filed suspicious activity reports with the Internal Revenue Service, a law enforcement official told The Associated Press. The accounts were traced back to Spitzer, leading public corruption investigators to open an inquiry.

A law enforcement official said Tuesday that Spitzer had spent tens of thousands of dollars with the call-girl service Emperors Club VIP. Another official said the amount could be as high as $80,000.

Still another law enforcement official said investigators found that during the tryst with Kristen, Spitzer used two rooms at Washington's Mayflower Hotel — one for himself, the other for the prostitute. Sometime around 10 p.m., Spitzer sneaked away from his security detail and made his way to her room, the official said.

According to an affidavit, a federal judge approved wiretaps on the escort service's telephone in January and February. FBI agents in Washington had the Mayflower under surveillance when Spitzer was in town, a senior law enforcement official said.

The officials spoke to the AP on condition of anonymity because of the sensitivity of the case.

Spitzer, a first-term Democrat, built his political reputation on rooting out government corruption, and made a name for himself as attorney general as crusader against shady practices and overly generous compensation. He also cracked down on prostitution.

He was known as the "Sheriff of Wall Street." Time magazine named him "Crusader of the Year," and the tabloids proclaimed him "Eliot Ness." The square-jawed graduate of Princeton University and Harvard Law was sometimes mentioned as a potential candidate for president.

He rode into the governor's office with a historic margin of victory on Jan. 1, 2007, vowing to stamp out corruption in New York government in the same way that he took on Wall Street executives with a vengeance while state attorney general.

His term as governor has been fraught with problems, including an unpopular plan to grant driver's licenses to illegal immigrants and a plot by his aides to smear his main Republican nemesis. The prostitution scandal, some said, was too much to overcome.

Barely known outside of his Harlem political base, Paterson, 53, has been in New York government since his election to the state Senate in 1985. He led the Democratic caucus in the Senate before running with Spitzer as his No. 2.

Though legally blind, Paterson has enough sight in his right eye to walk unaided, recognize people at conversational distance and even read if text is placed close to his face. While Spitzer is renowned for his abrasive style, Paterson has built a reputation as a conciliator.

At a morning news conference, Senate Majority Leader Joseph Bruno, Spitzer's chief rival, said he had not yet heard from the governor but that he was moving on with the business of the state. Lawmakers were set to vote on budget bills Wednesday afternoon.

"We are going to partner with the lieutenant governor when he becomes governor," said Bruno. "David has always been very open with me, very forthright ... I look forward to a positive, productive relationship."

Bruno, though the next highest-ranking official, does not become lieutenant governor upon Paterson's ascension to governor. The lieutenant governor's office would remain vacant until the next general election in 2010 under state law. However, whenever Paterson is out of state or if he were to become incapacitated, Bruno would be acting governor.

President Bush is dispatching Vice President Dick Cheney to the Middle East to help hold together fragile negotiations between Israelis and Palestinians, the latest move in the administration's push for a peace deal before Bush leaves office.

Cheney departs Sunday for a trip to Oman, Saudi Arabia, Israel, the West Bank and Turkey. Oil is also on his agenda, as the White House — coping with high energy prices that have socked American consumers — continues to push for greater oil production in the Mideast.

The White House announced the trip Monday. "This is the president continuing to show the commitment that he has to the region," said White House press secretary Dana Perino.

The vice president's visit comes on the heels of a brief troubleshooting mission to the Mideast by Secretary of State Condoleezza Rice. She was able to pressure the moderate Palestinian leadership to resume peace talks with Israel, which broke off after a deadly Israeli military incursion into Gaza.