Conffederate
Confederate

October 10, 2005

et tu, Bushe?

As previously on-the-fence conservative pundits make their decisions about Harriet Miers and others reverse course, I'm starting to feel more than a little lonely at the table marked "wait and see."

Despite all the emotionally inflated commentary to the contrary by some very smart people, Harriet Miers is qualified to be a Supreme Court Justice. The Constitution is not the sole property of Ivy League law school graduates, and it never should be.

Intelligent Americans can understand and interpret the Constitution without a degree from Harvard or Yale. If our system gets to the point where only elites are allowed to understand and interpret the Constitution, then it is time to re-write the Constitution (and yes, we have that legal option as Americans).

Miers is not the most experienced, nor the most highly educated, nor the best pedigreed candidate... but she appears to be as qualified as some who have worn those black robes, and more qualified than a few. That said, while Miers seems qualified on paper, it remains to be seen if she should be confirmed. Miers, if anything, is a cypher.

She has given up precious little in her defense, and sadly, neither has the administration. She is presented as a shoo-in conservative bysome because she is an evangelical. Kids, I got news for you; I belong to an evangelical church that saw its membership skyrocket in the 60s by recruiting California hippies. Slapping on the label "evangelical" on someone doesn't make them a lockstep conservative, and other elements of Miers' past paint her as being a potential—you know—"S"-word.

I still want Harriet Miers to have her day in front of the Senate. That said, if the President doesn't start providing her some support soon, her experience is likely to resemble that of Caesar's.

Posted by Confederate Yankee at October 10, 2005 09:49 PM | TrackBack
Comments

I'm still on the fence also.

Posted by: Juliette at October 10, 2005 10:22 PM

You ain't alone at that "wait and see" table, and I really don't see how anybody can make a call on her at this point.

Posted by: Johnny Yuma at October 10, 2005 10:49 PM

Ditto. I've got my fingers crossed, and the charges of cronyism don't wash with me. I can't imagine this president, who's duked it out over countless appellate court appointments, has suddenly decided to sacrifice his legacy just to reward a pal with a job for life. Doesn't make sense.

I will concede that, for some reason, the administration badly misjudged the reaction they'd get with this nomination.

Posted by: John from WuzzaDem at October 10, 2005 10:54 PM

I am also waiting to hear what the judiciary hearings dredge up from Miers. I'm rooting for her to knock our socks off with a sound Constitutionalist philosophy; however.........I'm not bettin' the farm on it.

Posted by: Cindi at October 10, 2005 11:51 PM

Good comments, all. I'll wait and see. But I trust the President more than I trust the bloggers who are saying he should dump her... even more than bloggers like Betsy Newmark who says the President should have checked with conservative bloggers and pundits before making his selection.

Posted by: greg at October 11, 2005 10:36 AM

I've read several pieces that indicate the grass roots conservatives support Harriet Miers at least going through the confirmation process. It is mostly our pundits and inside-the-beltway crowd that are so noisy about Ms Mier's qualifications (or lack thereof).

I for one think it is refreshing to see someone who is not an Ivy Leaguer. Too many Ivy Leaguers have reverted back to their liberal Ivy League indoctrination (er, I mean education)after having been seated on the SCOTUS bench. If a research was done, it would probably reveal more conservatives appointed to the bench that have turned liberal (or returned to liberal) have come from the Ivy League. Gee, that really makes me want another conservative Ivy Leaguer appointed, doesn't it you?

I also place a lot of trust in President Bush's solid record of appointing conservative judges to appellate court positions. Why would he vary or waiver in selecting Ms Miers?

Lastly, I'm not sure our Republican Party senate leadership could succeed in taking on the Democrats in confirming a Rogers Brown, or Owens or Luttig nominee. Frist let fourteen senators ursurp the Republican senate majority by forming an alliance that decided to confirm some appellate nominees and leave blocked other nominees. Bascially fourteen senators have the power in the senate to confirm or block appellate nominees. (I realize SCOTUS nominees must come before the entire senate for confirmation - they cannot be held in committee.) But the point is - the Republican leadership abdicated power to 7 Republican and 7 Democrat senators. That doesn't give the appearance of strength in party unity!

Personally, I would like to have seen a non-lawyer nominated. A conservative with a basic load of common sense could read the constitution and form an opinion. He/she would have a whole staff to do research, so the lawyer/judge aspect isn't really a requisite in my book (it certainly isn't a requisite in the constitution). But then, I'm not the president, am I?

Posted by: Old Soldier at October 11, 2005 03:32 PM

Regardless, it's nice to know that the White House is applying a litmus test to judicial nominees now.

So long as you are "religious," whatever that means, you are qualified to wield the law objectively ... apparently.

This sounds a little familiar, what with litmus tests and all. I was unaware I was living in a country with a government watching and ranking my religious affiliation and/or participation.

Posted by: Sally Jones at October 13, 2005 05:28 PM