Entry: Rejecting the Miers Nomination: Principle over Party Wednesday, October 12, 2005



After decades of working to curb the Liberal activist tendencies of the Supreme Court, it's only natural that many Conservatives would be disappointed in President Bush's choice of Harriet Miers for a crucial vacancy. When Bush passed over such outstanding candidates as Michael Luttig, Sam Alito, Janice Rogers Brown, Michael McConnell, Emelio Garza, Edith Holland Jones and so many others to appoint his personal lawyer, many Conservatives erupted, myself among them.

The main objections to Ms. Miers are that she lacks experience with Constitutional law and has shown no indication, in her entire life, of her views on many of the important issues that we face. Her only distinguishing qualifications seem to be that she is very religious, and that she is personally devoted to President Bush. It is fast becoming obvious that she was only nominated to be the "religious vote" on the Supreme Court. I, for one, do not think that Supreme Court cases ought to be decided on the basis of religion, but on law.

Some on both sides of the aisle have tried to paint objections to Ms. Miers as "sexist." Many of the objectors have listed women like Janice Rogers Brown and Edith Holland Jones among their own preferred candidates. Objections have also been labeled "elitist" because Miers went to SMU instead of a fancy East Coast law school, but I haven't seen a single person criticise Harriet Miers on the basis of where she graduated. Quite a few objectors didn't even know what school she attended when they first voiced their opinion. The fact that Miers' defenders have to mischaracterise the arguments against her nomination shows how weak that nomination really is. When your opponents have to resort to a strawman argument, you know that you're probably right. And, more important: they know it, too.

One of the worst arguments against objecting to the Miers nomination is that objectors are "handing power to the Democrats" by undermining support for the President. Some have even gone so far as to accuse objectors of endangering support for the War on Terror, mostly based on hopeful stories in that vein from the "mainstream" media. Support for any politician is never an "all or nothing" deal, however. It is entirely possible to support the President on some issues while pointing out his mistakes on others. Have Conservatives not decried the administration's terrible spending habits and lack of border control before? Did that "play into the hands of Democrats" or undermine support for the war? Frankly, the mistake was made when President Bush spurned his own Conservative base by making this nomination. If he wants to regain the support of that base, all he has to do is withdraw it and name a candidate we can rally behind.

Other bad arguments include the "just shut up and trust the President" argument, and the "let's wait and see how she performs once she has a lifetime appointment to the most powerful court in the land" argument. The "blind trust" argument, despite Liberal accusations, has never worked with Conservatives, most of whom did not even support the invasion of Iraq until they researched and debated all the reasons as well as the ramifications of overthrowing Saddam Hussein. The "wait and see" argument hardly deserves rebuttal, as it would obviously be too late to do anything about it if we wait that long to discover Miers' judicial abilities, if any. Most Conservatives are Republicans, and many Republicans are Conservatives, but the Harriet Miers nomination is forcing them to choose between party and principle.

The furor on the Right over the nomination of Harriet Miers to the Supreme Court has brought hope to the hearts of die-hard Democrats, but it isn't really the anticipated apocalypse. It's more along the lines of a family squabble over who gets to host Thanksgiving this year. Oddly enough, it has even brought some Liberals and Democrats out to join Conservatives in calling for the nomination of only the best candidates to the Supreme Court. (Some, of course, really object to Miers just because she was nominated by President Bush, but some are sincere.)

This debate could lead to a more Conservative Republican party, if politicians are smart enough to pay attention to the anger of their base over this and other missteps (like overspending and loose border controls). If they don't, a Democratic gain in 2006 is likely. Republican politicians will have no one to blame but themselves if putting principle ahead of party means not supporting them.

And then, if that should happen, we start the fight to return to the system defined by the Constitution -- a system in which the Legislature legislates, the Executive branch guides and the Judiciary adjudicates -- all over again.

   10 comments

PocketChange
October 13, 2005   01:35 PM PDT
 
The single argument for Miers that bothers me the most is “she is a Christian all Christians must support her.” I’m a Christian and am strongly apposed to her nomination. The SCOTUS is about interpreting the constitution and making sure it is followed strictly. Understanding of the constitution is the most important part of the job. I despise activist judges. I don’t care if I personally like what the judge is supporting or not. An activist conservative judge is just as bad as an activist liberal judge. I have absolutely no reason to believe that Miers will be anything other than an activist. Bush seems to want us to support her because she will be a Christian activist judge and she is one of his friends. The constitution is already on the side of conservatives. I just want someone to stand up and say “This is what the constitution says so this is the way it is!” I’m so very sick of all of Bush’s cronyism. Oh’ well it could be worse. Kerry could be picking this nominee.
JM
October 13, 2005   09:19 PM PDT
 
>Oh’ well it could be worse. Kerry
>could be picking this nominee.

That's what I like about being a Conservative. There's always a bright side, somewhere. :)
Mike
October 14, 2005   10:13 PM PDT
 
Dear Senate Majority Leader Reid:

I urge you to reject the out of the mainstream liberal judicial nominees of President Hillary Clinton...

I have also written to House Speaker Nancy Pelosi to request that the prohibition on Christmas be rejected by the House.

Dated: In the future.
DocNeaves
October 15, 2005   04:07 AM PDT
 
Just a strange thought out of the blue....wondering if she's a sacrificial lamb? Can't quite lay my finger on this, but she sure smells like mutton cooking to me....just a thought.....maybe she's going to light some fireworks in the hearings? Could she possibly stake out a position on abortion/some other issue, just to draw the fire? Could Bush be so crafty in other places and seem so stupid here? You have to wonder when something you're hunting suddenly starts leaving a trail, or making other mistakes that lead you easily to it....hmmmm.
DL
October 15, 2005   06:00 AM PDT
 
This whole thing reflects the mood of pre-revolutionary America with 'Loyalists to the King and "patriots" to the cause, at odds with each other. When the shots were fired most joined the cause.

It is interesting however to watch how many have adopted the tactics of the left to win, namely to attack the messenger and make accusations against disagreeing conservatives and challenging their motives or character. Those naming dissenting pundits as now worthless , followed with zeal and admiration their every word, just a few short months ago.
JM
October 15, 2005   06:36 AM PDT
 
>wondering if she's a sacrificial
>lamb?

At this point, even if this was a master plan to ram an arch-Conservative through the Senate, most people wouldn't even believe it if the President produced a sealed, dated envelope containing, "My Plan For Nominating Miers And Then Withdrawing Her, To Ram An Uber-Conservative Through The Senate."
JM
October 15, 2005   06:38 AM PDT
 
>Dear Senate Majority Leader Reid

All the President has to do to bring the base back is to have Miers withdraw. Conservatives would point to it as proof the President is NOT out of touch, and DOES listen. We would all celebrate it as proof that our system of government CAN work -- that the people DO rule. It's all so simple.
Mike
October 17, 2005   08:35 PM PDT
 
Wish I could agree that a withdrawal would have positive political benefits JM...

I remember the Bork debacle. After he was defeated, President Reagan nominated Anthony Kennedy as a compromise candidate... and look what happened...

You could say.. well, Bush could nominate a hardcore conservative... But we've been weakened by this latest spat and our opponents strengthened... I cannot see how we could get a MORE conservative candidate through.

I hear Nancy Pelosi recently snuck into the Speakers office to measure for drapes. Hillary of course already has the drapes, and the furniture and the silver ware from her time in the White House... so she's laying low.
JM
October 17, 2005   09:05 PM PDT
 
>Wish I could agree that a
>withdrawal would have positive
>political benefits

I don't recall a big fallout from Bernie Kerick's withdrawal, or even Miguel Estrada's. It would still be a less terrible mistake than throwing away the opportunity that's taken decades to reach.

I believe this is a good debate for Conservatives to have; it can only galvanise and strengthen us for the 2006 and 2008 races. We are the base! I do not want the Republicans thinking they can ram a RINO down our throats!
John
October 25, 2005   02:46 PM PDT
 
In response to Joe's comment that he does not "think that Supreme Court cases ought to be decided on the basis of religion, but on law," let me point out that nearly all of our Constitutional law is based on "religious" concepts of freedom, inalienable rights, and justice. That does not mean that one should decide a case on the basis of one's religiously affiliated creed, but it does mean that even a decision based solely on "law" is still affected by its "religious" origin. Having said all that, I still largely agree with all that Joe said, even though I am one of those born-again fundamentalist Christians.

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