The nomination of a relatively unknown Harriet Miers to the Supreme Court has generated a lot of emotion in conservative circles. Many people wonder why Bush, who promised to nominate judges in the mold of Scalia and Thomas, is nominating stealth candidates. First it was John Roberts who had a slim record to replace Rehnquist. Then Bush nominated Harriet Miers who has little to no public record to replace O'Connor.
Conservatives, who have not been pleased with the history of stealth candidates in the past, reacted with indignation at yet another stealth candidate who we are told is a conservative but there is no proof. Just trust Bush.
Assuming that Miers is in fact a conservative (and that is an assumption, I admit), and I'm beginning to think she's Scalia with ovaries, nominating someone and hiding that fact sends a pretty bad message. When Clinton nominated Ginsburg, everyone knew what she was. When Bush nominates conservatives, the fact that they are has to be hidden. Membership in the Federalist Society is conceded as akin to membership in the Ku Klux Klan. Conservativism is not a crime, it is not a mental disorder, and it is not a moral failing. It is an intelligent and thought out political philosophy.
That aside, I think the White House planned things this way. By nominating a candidate that would upset conservatives, it puts the Democrats in an interesting position. Criticism is labeled as sexist and therefore puts pressure on Democrats to vote for the candidate just for PR points against Republicans. It has virtually taken the filibuster off the table (as long as nothing changes). Miers will slip onto the court without a fight on her, but a fight on the criticism of her. It is a political calculation of expediency to slip her onto the court and get a solid conservative there while disarming Democrats to stop it. Bush doesn't want a filibuster fight, so they took this route.
Article comments
1 - The Fifth Dentist
"Conservativism is not a crime, it is not a mental disorder, and it is not a moral failing. It is an intelligent and thought out political philosophy."
It's actually more like a virus. Drink plenty of fluids and refrain from touching it for several days. You'll be normal in no time.
2 - I'm a Dentist Too
You gotta love the liberal response typical of The Fifth Dentist above.
A comeback in the form of an insult with no real substance in the message. And they wonder why people vote Republican....
3 - The Fifth Dentist
I don't wonder why people vote Republican. It's the same reason some people spend half their income on lottery tickets. They're morons.
4 - Alethinos
Bombastic there is a difference between a justice who tries to practice some judicial restraint, i.e., trying to not CLEARLY legislate from the bench, and someone who is toeing the party line. The "conservatives" that have been put on the Court in the past few decades, save a few, are unimpressive as constitutional scholars. They were picked as "yes" men.
I dispise that process - both from Democrats AND Republicans, but more so that latter. Why?
The outrageous arrogance of these rich, ultra-elite, who are hypocrites all. They sell a religio-conservative message to White America, the poorly educated hicks on one end and the fat-ass republican businesman on the other - the guy who scratches to come up with the green fees for the exclusive country-club and has delusions of grandeur as he struts in to the annual Republican fundraiser at the State Capital...
THIS is the conservatives that leave a foul stench wherever they go... THESE are the people who do NOT have the best interests of the nation at heart but only their pocketbooks and their egos...
May they rot in their repugnant little lives..
Alethinos
5 - Michael J. West
It has virtually taken the filibuster off the table (as long as nothing changes).
It's taken a Democratic filibuster off the table...but what's to say the Republicans won't filibuster?
6 - RJ
It's all over the news now: Miers is on the record as being strongly anti-abortion and anti-Roe v. Wade.
I suspect the Dems will now howl in disgust. The question is, will the GOP suddenly like her? Or will they continue to oppose her on principle, as a less-than-qualified crony?
At any rate, I suspect her nomination is going to be pulled any day...
7 - Michael J. West
At any rate, I suspect her nomination is going to be pulled any day...
Not a chance.
With Bush's standard of loyalty? The only way it'll be pulled is if Miers herself requests it, and even then he'll do everything he can to talk her into toughing out the confirmation process before he actually pulls the nomination.
8 - RJ
Maybe you are right, Michael J. West.
But remember, Bush's main problems at first wer with conservatives. Now that Miers has been shown as being strongly anti-abortion, he might be facing strong opposition from liberals too.
If so, just who in the Senate does he have left to support this nominee?
9 - RogerMDillion
"I think the White House planned things this way."
Think, again.
"Miers will slip onto the court without a fight on her, but a fight on the criticism of her."
I can't make to see your piece detailing on wrong you were.
10 - RJ
Sorry, Michael J. West. I was right... ;-)
11 - Michael J. West
Of course, there's an argument to be made that I was right too, RJ. So why don't we call it even? :-)