Regarding Ms. Miers's qualifications, we aren't among those who think an Ivy League pedigree or judgeship is a prerequisite for a Supreme Court seat. But the process of getting to know Ms. Miers has been the opposite of reassuring. Her courtesy calls on Senators have gone so poorly that the White House may stop them altogether.Also in the Wall Street Journal, John Fund notes that "the politics of the Harriet Miers nomination are getting stranger." About that Texas Lottery Commission:
And on Wednesday, the Senate Judiciary Committee took the extraordinary step of asking her for what amounts to "do-over" on a standard questionnaire about her judicial philosophy. The impression has been created, fairly or not, that Ms. Miers is simply not able to discuss the Constitutional controversies that have animated American political debate for two generations....
[A]fter decades of Republican anger over judicial activism, and 20 years of disappointing GOP Court selections, a nominee who was a blank slate was bound to get pounded. Mr. Bush has set her up to be hit by a withering political crossfire....
Perhaps Ms. Miers will prove to be such a sterling Senate witness that she can still win confirmation. But so far the lesson we draw from this nomination is this: Bad things happen when a President decides that "diversity," personal loyalty and stealth are more important credentials for the Supreme Court than knowledge of the Constitution and battle-hardened experience fighting the judicial wars of the past 30 years.
Two key players in last year's presidential campaign--Jerome Corsi, co-author of the Swift Boat Veterans book "Unfit for Command," and Ben Barnes, a former Texas lieutenant governor who claimed President Bush got special treatment when he joined the Texas Air National Guard--are involved in the debate.(Hmmm... good general point about which scandals play out on the public stage.)
In a plot twist worthy of "Dallas," Mr. Barnes is effectively siding with President Bush's appointee, while Mr. Corsi is opposed. Mr. Corsi has written a half dozen Internet stories on the Lottery Commission scandal, while Mr. Barnes is calling the offices of Democrats on the Judiciary Committee and urging them not to question Ms. Miers about the Lottery Commission because it will prove embarrassing to him and other Texas Democrats....
[Go to the link to read the details of the controversy!]
The bizarre maneuverings behind the Miers nomination threaten to take the confirmation hearings far afield from a discussion of constitutional law and judicial philosophy....
But another possibility is that both political parties' desire not to turn up old scandals--whether they be the Lottery Commission or who exactly did fake those Air National Guard memos that appeared in the same "60 Minutes" segment as Ben Barnes--prompts senators to suggest privately to Mr. Bush that Ms. Miers withdraw. It's a cliché, but doubly true in this case, that politics makes strange bedfellows.
Staying with the WSJ, Daniel Henniger has a four-point plan for Bush to "get his mojo back," and point one is to withdraw the Miers nomination:
• Withdraw Harriet, nominate Edith. Harriet Miers is the canary in the Bush mineshaft. Her nomination sent fissures through the walls of a Republican coalition already cracking under the weight of federal outlays for a prescription drug entitlement and highways to nowhere. The disappointment of conservative intellectuals over attorney Miers is said to have been predicted inside the White House, and discounted. A mistake. Many of the best people in conservative politics have walked away from the Bush presidency.So, the Wall Street Journal is awfully hard on Harriet today.
The President needs his party to sustain him through the end of the term, and most of all this means completing the mission in Iraq. A Supreme Court nomination, however important, is a political obligation. Iraq is a moral obligation. The Miers nomination, by undermining the President's standing in his own party--and it has--is threatening Mr. Bush's ability to finish the job in Iraq. The imperatives of presidential leadership trump personal loyalty, especially in time of war, and we are at war.
2 comments:
Burn her, bury her, and dump her in the Thames.
Jim: Interesting, the idea of withdrawing Miers but then waiting 'til next year to nominate someone else. I wonder if that helps or hurts the President with regard to his disgruntled constituencies?
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