thedrifter
10-14-05, 05:45 AM
Rejecting the Miers Nomination: Principle over Party
October 13, 2005
by Joe Mariani
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.
Joe Mariani
Joe Mariani is a computer consultant born and raised in New Jersey. He lives in Pennsylvania, where the gun laws are less restrictive and taxes are lower. Joe always thought of himself as politically neutral until he saw how far left the left had really gone after 9/11. His essays and links to articles are available at guardian.blogdrive.com/.
Ellie
October 13, 2005
by Joe Mariani
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.
Joe Mariani
Joe Mariani is a computer consultant born and raised in New Jersey. He lives in Pennsylvania, where the gun laws are less restrictive and taxes are lower. Joe always thought of himself as politically neutral until he saw how far left the left had really gone after 9/11. His essays and links to articles are available at guardian.blogdrive.com/.
Ellie