5-4: The Genius of George W. Bush

‘The 5-4 decision written by Justice Anthony Kennedy said the Partial Birth Abortion Ban Act that Congress passed and Bush signed into law in 2003 does not violate a woman’s constitutional right to an abortion…’   -Associated Press April 19, 2007

“It's ready for a retarded president, why wouldn't it be ready for an African American president?’   -Chris Rock, Life Magazine 2007

President Bush’s management strategy is a thing of beauty.

Walk around, act sort of absent-minded, mix up your words here and there, and people begin to lower their expectations – and their defenses. In an unguarded moment, something slips out, and allows you the opportunity to make decisions with much more information on what the other side is thinking.

Some people say he’s not too smart. Some say much worse. Many of those who say such things have strong egos and truly believe that they can clearly express their thoughts, but the president is too vacant to understand them.

That’s a big mistake.

There are many markers on President Bush’ tenure that will define his presidency. The 2000 election, 9/11, and Iraq are just a few.  However, the day that should be remembered as the defining moment of Mr. Bush’ presidency is October 3, 2005, when he nominated Harriet Miers for the United States Supreme Court.

First, some history:

  • July 19, 2005 - Mr. Bush nominates John Roberts to replace retiring Justice Sandra Day O’Connor
  • September 3, 2005 – Chief Justice William Rehnquist dies. Mr. Bush moves Roberts’ nomination over to replace Rehnquist as Chief Justice
  • September 29, 2005 – Roberts confirmed as Chief Justice and sworn in
  • October 3, 2005 – Mr. Bush nominates Harriet Miers for the Justice O’Connor vacancy
  • October 28, 2005 – Miers, under a firestorm of criticism, withdraws her nomination
  • October 31, 2005 – Mr. Bush nominates Samuel Alito
  • January 31, 2006 – Alito is confirmed

Everyone assumed after Mr. Bush was re-elected in 2004 that he would have at least one Supreme Court nomination in his second term, and perhaps as many as three or four, depending on the health of the members of the Court.

The first good move was the nomination of John Roberts to replace the retiring Justice O’Connor. Roberts was a judge for the U.S. Circuit Court of Appeals for the District of Columbia since 2003. He had been nominated in 2001, but the nomination was held up by Democrats in the Senate Judiciary Committee and never came to a vote. In 2003, he was confirmed by voice vote.

The significance of this is clear – had the Democrats not held up Roberts’ confirmation, they would have had two years of judicial review that may have lent credence to his conservative leanings. Since he had been approved for the appeals court, the Senate really had only the two previous years in which to attack his record.

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Article Author: Rick Vassar

Rick Vassar CPCU, ARM, AIS, ARM-P is a career commercial risk manager and the author of Hide! Here Comes the Insurance Guy, where he uses humor to explain insurance strategies in language everyone can understand.

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Article comments

  • 1 - steve

    Apr 19, 2007 at 2:52 pm

    Bush can be called "dumb" day in and day out...which I disagree with...but what can you do about it? Answer: blindside the liberals.

    He made wise choices in Roberts and Alito. Both men are in their early fifties...they will be on the supreme court for at least 20...maybe even thirty years.

  • 2 - steve

    Apr 19, 2007 at 3:23 pm

    anyone who believes a partial-birth abortion should be legal...such as rosie o'donnell...should be strapped to a chair with their eyes taped open to watch a video of a baby's skull crushed again and again...maybe that will change her tune

  • 3 - zingzing

    Apr 19, 2007 at 3:28 pm

    steve, partial birth abortion should be legal, but should only be used when no other option is available. i don't know just when that situation arises, but making partial birth abortion "illegal" is not the way to go. "severely restricted," sure.

  • 4 - steve

    Apr 19, 2007 at 3:38 pm

    you cant have it that way...people will always be looking for your suggested loophole..its all or nothing

  • 5 - zingzing

    Apr 19, 2007 at 3:54 pm

    you have to have it both ways. it's not a loophole, it's a woman's life. if you mother's (or wife's or daughter's or sister's) life is a loophole to you, STEVE, you go ahead and tell her that.

  • 6 - Baronius

    Apr 19, 2007 at 4:09 pm

    My problem with this analysis is it assumes some crazy high-stakes gambling. A fake Supreme Court nomination? I dunno. It's hard to believe Miers was a diversion, but it's also hard to believe she was a real nominee.

    As for the practice itself, the AMA has said that it's never required for the life of the mother. It's physically more traumatic than a standard abortion, because the child is halfway down the birth canal before the skull is collapsed.

  • 7 - Mark Schannon

    Apr 19, 2007 at 4:33 pm

    True or not, the article is brilliant. I'm skeptical too -- like Baronius -- and don't think the Busher could think this up. But I do think Rove & Cheney are smart enough to do it. Now I'm really scared. A dumb bunny Bush I can sort of tolerate. A smart wascaly wabbit Bush -- omigosh, there's no end to the trouble he could cause.

    Anybody have Elmer Fudd's number?

    In Jameson Veritas

  • 8 - bliffle

    Apr 19, 2007 at 5:37 pm

    steve: "anyone who believes a partial-birth abortion should be legal...such as rosie o'donnell...should be strapped to a chair with their eyes taped open to watch a video of a baby's skull crushed again and again...maybe that will change her tune"

    Can I do the crushing? Or have you reserved that for yourself?

  • 9 - Servant

    Apr 19, 2007 at 9:46 pm

    Now, now, let's not be rude. The legalization of abortion has caused many more problems then can be solved. Just look at Europe. Their labor shortage will send them into a death spiral, and it's anti-baby legislation that pulled the trigger.

    Just think. If we passed a law the banned a minority, you'd be crucifed by the media. Yet we terminate babies continously. I mean, I'm all for the sanctity of a woman's privacy, but what about the life of a future woman? Whose privacy are we violating then?

  • 10 - Zedd

    Apr 19, 2007 at 11:01 pm

    I'm not sure if GW is behind the maneuvering.

    I'm not sure if he personally cares about partial birth abortion.

    I'm not sure how this affects the right for women to get normal abortions either.

  • 11 - Sisyphus

    Apr 20, 2007 at 12:28 am

    "Genius, I tell you. Mr. Bush set a political trap, and the opposition fell for it hook, line and sinker."

    Genius? More like a couple of slop shots. Actually, there was little the minority could do to stop the nominations from being confirmed. Harriet Miers was done in by Bush's own base. Remember the threat of the "nuclear option" by the Republicans to thwart any filibuster attempts by the Democrats? Nothing genius about it, just pure power politics.

  • 12 - Dave Nalle

    Apr 20, 2007 at 3:04 am

    You show a unique talent for stating the obvious in this article.

    Except that you're dead wrong on the longterm outcome for abortion rights. Worst case it will become an issue for the states to decide as it always should have been.

    Dave

  • 13 - Michael J. West

    Apr 20, 2007 at 9:15 am

    you cant have it that way...people will always be looking for your suggested loophole..its all or nothing

    "All or nothing" is another way of calling it "a black-and-white issue," of which there's no such thing.

  • 14 - EasyAce

    Apr 20, 2007 at 1:52 pm

    Some forget that Mr. Bush was deadly earnest in nominating Harriet the Mere in the first place, and that only a ferocious explosion of outrage over such a crony nomination with little if any basis in sound constitutional thinking ("I know her heart") prevented her from graduating beyond mere nominee status. That it left little if any wiggle room to deny Mr. Alito was purely a matter of coincidence.

    Are we to hear next that Harriet the Mere, in pure vengeance for being sent forth as a Supreme Court sacrificial lamb, did her part, whatever it was, to bring about the business that now has Mr. Gonzales under fire?

    Mr. Bush isn't exactly the epitome of stupidity he is so often portrayed, but neither is he (nor his two primary henchmen, beyond electoral politics pre-2004, anyway) the epitome of genius his sycophancy so often urges. That said, the partial-birth ruling is certainly welcome enough.

  • 15 - J.J. Hunsecker

    Apr 20, 2007 at 3:55 pm

    Someone forgot the Satire tag.

    The only way you can imagine that conversation between Bush and Miers is if you haven't been paying attention to his Presidency.

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