Recovering Republican thoughts on Miers; asking for comments
by torrentprime, Tue Oct 04, 2005 at 08:10:27 PM EST
I've never done a diary before; if I committed a social faux pas, please be nice to me...
From my reading of Kos, DD and a few other sites, it seems that many progressives and Dems view the nomination of Miers as a good thing. I see things like "we could do worse" and "makes Dems look good," with lots of attention paid to Reid's floating of her name and conservative disapproval with her nomination. I would like to point out what I see as the reasons for voting No on Miers and I would ask for comments on this, both from a idealistic principled perspective and a hard-nosed political standpoint. If you were advising your Senator on how to vote, what would you whisper in his/her ear?
Impressions
- Her lack of writings or published viewpoints on social issues, such as homosexuality, abortion, church-and-state issues seem to have infuriated hard-right ideologues who were hoping for someone to vote appropriately in the culture wars, i.e., someone who would not vote to expand civil rights in these areas. This lack of a right-wing C.V. seems to be seen as a sign of hope among the left, as they think Miers is not hard-right when it comes to these issues. The concept that Bush is selling out his base has been floated. The only coherent thread on this I can gather from the blogosphere is that since hard-right people are upset over this nomination the left should be pleased. I would remind people that we do not know that Miers is not hard-right; we just see the right wing not able to prove that she is. Is the mere fact that we can't prove Miers is a theocrat enough for confirmation? Please remember: James Dobson is happy, Jay Sekulow is happy--all the social right wing leaders seem ecstatic today; why aren't we worried?
- The necessary corollary to "Bush sold out the social hard-right" meme is that she is a right-wing economic conservative--pro-business, pro-corporations, etc. To state this again: if we assume that Bush chose to leave his social base swinging in the breeze, whom did he satisfy? The corporate side of things. This is something to cheer?
- Miers has no constitutional law background, no proof of experience in federal case law, in short she has no credentials whatsoever to show that she understands or can hold her own in cases before the Court. Most of the snarky comments I read on the Web tout idiocies such as "we all know right-wingers don't really care about credentials, so those people from the right who oppose her on these grounds must be lying." I would caution progressives from falling into the "my political opponents are all lying bastards" trap; there are thousand of principled conservatives who believe that SCOTUS deserves a highly-qualified nominee. Why do progressives not wish to stake a claim to a piece of this high ground? When the media shows conservatives grumbling over her lack of qualifications but Democrats sounding enthused over a mediocre corporate lawyer becoming a Supreme Court justice, how on earth does this make us look good? Picture a news anchor: "Republicans seemed concerned that Miers does not have the intellectual bona fides for the role; Democrats didn't seem to care."
- Miers' connections to the White House and presumed deference to the powers of the Executive should be enough, by itself, for ANY Dem to oppose her. There were enough scary comments from Roberts about his belief that POTUS has the power to do whatever he wants in wartime--and that was from a, by all accounts, top legal mind and one of the best constitutional scholars in the country! Miers is constantly referred to by Bush as a friend, as someone he trusts, as someone whose judicial view he knows and wants to place on the court. During the conference call yesterday led by Ken Mehlman, he stressed to conservative leaders that the nomination was consistent with the need to have judges who will not interfere with the administration's prosecution of the war on terror. So now Democrats should be pleased by the thought of a White House buddy deciding some of the upcoming most important civil rights and separation-of-powers tests in our lifetimes?
- Miers involvement in the Bush administration and her efforts at White Counsel may put her in the position of having to hear cases about which she has direct knowledge--in some situations, there may be incidents in which she was involved (I don't use involved in a pejorative sense; just that as WH counsel she may have been called upon to deal with issues which will be subject to lawsuits). How can we be sanguine about the prospect of a "great friend, highly trusted, I know her mind" best friend being trusted to recuse herself as necessary? We would likely never even know if there were cases in which she should recuse herself--there will be no public duck hunting or donor lists to point to. All we will know is what she chooses to divulge; we won't even know to ask.
- I would especially ask progressives to refrain from childish schadenfreude: I am sure that watching Red State and other right-wing sites be annoyed at what they view as a betrayal by Bush makes some people feel all tingly inside, but to allow this to dictate their activist goals: "whatever makes some people I oppose unhappy I support" is hardly a policy win. At best it's good for some demoralization on the other side, but please remember demoralization lasts a few months, maybe thru the mid-terms--SCOTUS is for life.
There are more passionate, rich articles on the web today, placing opposition firmly in a historical, principled view of the President's nomination power and the Senate's advise and consent role, with quotes from Alexander Hamilton and analyses of Miers resume in terms of feminism and diversity. I have tried to represent the biggest issues I see from the totality of these and activist blogs. I have not even addressed some of the higher principled concepts here: nominating one's best friend for one of the most important jobs in the country, the Senate's seeming desire to abdicate one its crucial powers in our checks and balances, the expectation or even demand for high quality leaders of government, regardless of political affiliation. In short, I don't get why Democrats and progressives don't want to fight this with every bit of energy they showed during the Roberts confirmation hearings. Or, for those who wished to keep the powder dry--isn't this the time to use it? Are Democrats so disappointed that they don't have a clear right-wing ideologue to fight and rally their base with that they will let a crappy candidate wander into the Supreme Court?
Looking for comments here people--what's up?
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