Recovering Republican thoughts on Miers; asking for comments

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?


Display:


She was responsible for some serious stuff.. (3.00 / 2)

She helped to hide Bushs national guard record of drug abuse and conviction, and she covered up Roberts record and is responsible for hiding documents - she dispatched two employees to the reagan library to steal them.

Stand back for a minute and let this filter in - since when were the GOP going to let stealth tactics go by the wayside. She's part of an unbelievable fraud being perpetrated on the American people.

Democrats need to think independently - there is a person here whose recent specialty was covering up documents , who has been handpicked without a record to go on the supreme court. No record in existence whatsoever..

or is there..

by turnerbroadcasting on Tue Oct 04, 2005 at 08:46:17 PM EST

links? (none / 0)

turner, i've seen that accusation about her covering up his guard stuff floating around for days,  but i have been unable to find a news source for it.  can you provide some links please?
Visit us at TexasKAOS, where we're taking Texas back!
by annatopia on Wed Oct 05, 2005 at 11:37:01 AM EST
[ Parent ]

Re: links? (none / 0)

I yanked this link right off the AP News Service This Monday, October 3, 2005:

What in hell is there to say, folks?

http://ap.tbo.com/ap/breaking/MGB577V6DEE.html

"The commission fired Linares' replacement, Lawrence Littwin, in October 1997, four months after he was hired. Littwin's dismissal came amid a decline in sales, but the commission wouldn't say why he was fired. He had ruffled feathers for ordering lottery security officers to research campaign finance records of 30 current and former state officials.

Littwin claimed GTECH used its political influence to have him fired. Miers denied the accusation.

It was a lawsuit by Littwin that helped to ignite questions about whether Bush used political influence to avoid active duty during the Vietnam War.

Littwin's lawyers suggested that former Lt. Gov. Ben Barnes, who was a lobbyist for GTECH until January 1997, helped the company keep its state contract to run the lottery in exchange for keeping silent about helping Bush get into the National Guard in the late 1960s."

by blues on Wed Oct 05, 2005 at 01:14:13 PM EST
[ Parent ]

Re: links? (none / 0)

thanks very much!
Visit us at TexasKAOS, where we're taking Texas back!
by annatopia on Wed Oct 05, 2005 at 02:20:25 PM EST
[ Parent ]

Why Not Me? (none / 0)

A whole lot of people know a whole lot more about where "I" stand on quite a number of major issues. Just because "I" don't go by my "real" name and call myself "blues" is no reason why "I" couldn't be a good Supreme Court Justice (either as "blues," or as "myself"). Hell, "I'm" known (to some slight extent) as "blues" from one end of the web to the other.

They make votes disappear. They make unindicted citizens disappear. They make money disappear. Is there nothing wrong with this giant black box? "I" have more reason to trust Kim Il Jung than "I" do to trust what's-her-face. If "progressives" are so deluded as to support what's-her-face, "I" may soon need to find "something else" to call "myself."

by blues on Tue Oct 04, 2005 at 10:06:09 PM EST

The Blogosphere has become a THINK TANK (1.50 / 2)

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.

These messages are paid for by Simon Rosenbergs 200 million dollar "Think Tank"... kinda like Armstrong Williams.

Besides telling us how to live, think, marry, pray, vote, invest, educate our children and, die, the GOP has done a fine job of getting gov't out of our lives.
by Parker on Wed Oct 05, 2005 at 03:18:37 AM EST

Re: The Blogosphere has become a THINK TANK (2.50 / 2)

Kos is a concentration of gay activists who like the fact that she went on record saying gays should have civil rights. And they also trade information around inside of themselves like, if she's gay herself.

Rove uses that against the democrats whenever he can. It is a weak spot - he looks for the most vocal minority and silences them, and then takes his own most vocal minority and turns the volume up.

No scumboats here..

by turnerbroadcasting on Wed Oct 05, 2005 at 08:56:13 AM EST
[ Parent ]

Re: The Blogosphere has become a THINK TANK (none / 0)

I read those diaries over at Kos, and I am gay and that is complete b.s.  No one is supporting her becuase we think "she's gay." People mostly didn't think she supported gay rights. They weren't even sure. The vocal people who were said that she didn't and that her campaign manager said so. Please engage in factual analysis. Thank you.
by bruh21 on Wed Oct 05, 2005 at 09:08:04 AM EST
[ Parent ]

Re: The Blogosphere has become a THINK TANK (none / 0)

Also, for the record, most gay voters from what I can tell anecdotal don't vote or think strictly about gay issues unlike other "interest groups" except for the national orgs like HRC. Most think about a broad swath of issues.
by bruh21 on Wed Oct 05, 2005 at 09:09:26 AM EST
[ Parent ]

This is the same stunt (3.00 / 1)

they pulled when Dean was running... a great big pantomine that was echoed on both sides of the aisle.

...of course it is much more effective when the Dems and GOP are working together... which they are in the case of Miers.

Besides telling us how to live, think, marry, pray, vote, invest, educate our children and, die, the GOP has done a fine job of getting gov't out of our lives.
by Parker on Wed Oct 05, 2005 at 03:25:43 AM EST

This is a thoughtful, well-researched diary. (3.00 / 2)

It should come as no surprise that Democrats are enjoying watching division in the Republican ranks.  Georgia10 on Kos is relishing the opportunity of exposing some of the corruption in the administration during Miers confirmation hearings. Given that her record is so weak and she has little support from any quarter, wouldn't it be interesting for the left and the right to make a principled "strange bedfellows" opposition to her nomination.  It might be the beginning of a thaw in the rabid polarization of our country.  For about five seconds.
by prince myshkin on Wed Oct 05, 2005 at 05:21:31 AM EST

Re: This is a thoughtful, well-researched diary. (none / 0)

everyone has both a left and a right, on the same body - why can't uncle sam.
by turnerbroadcasting on Wed Oct 05, 2005 at 08:54:18 AM EST
[ Parent ]

Re: This is a thoughtful, well-researched diary. (none / 0)

I think it was Immanuel Kant who said (something like) "[If you don't have a mole on one side, you cannot really tell left from right.]" I say "death to all the wacko philosophers!"

(I just take the position that, in polital contexts, "left" and "right" is a bullshit dichotomy.)

by blues on Wed Oct 05, 2005 at 09:30:57 AM EST
[ Parent ]

To the first point (3.00 / 1)

To your first point, as you mentioned, Dobson of "focus on the family" and the person who gave you such hits as schiavo deathwatch and the nuclear option -  endorses this choice.

Lets recap.

  1. Its the personal lawyer of George W Bush
  2. Dobson endorses her
  3. Her employees hid documents about roberts

Then the more speculative

  1. She's been in charge of the process just like Cheney (the stealth appt. with these all time greats: bullying the CIA to falsify data so that they could go to war in iraq, no bid contracts for haliburton and claiming Gitmo is a island paradise for the detainees on national news..)
  2. We've got nothing on anyone, and least of all her (could there be a relationship.. between what we don't know about a nominee and who is shredding the docs?)
  3. She exalts George W. Bush.

by turnerbroadcasting on Wed Oct 05, 2005 at 08:52:59 AM EST

Re: To the first point (none / 0)

In case you thought the white house doesn't have a sense of humour - they're citing executive privilege and refusing to release any information about Miers.

But what is interesting is just how involved with the administration she is, obviously working extremely closely with Rove.

  1. She was Deputy Chief of Staff for Policy
  2. Staff Secretary

The second title is extremely interesting. She was in that position on Aug. 6, 2001 and was photographed handing President Bush, during his protracted vacation before the Sept. 11 attack, a Presidential daily brief. She was responsible as staff secretary for almost all paper flow to the pres. including this document.

The title of the document was "Bin Laden Determined to Attack The United States".  Our commander in chief was making all kinds of noises that sounded like he didn't get the document... funny how attacks on the democrats trump information about defending our liberties..

 

by turnerbroadcasting on Wed Oct 05, 2005 at 09:18:27 AM EST
[ Parent ]

Dobson's support is tepid (none / 0)

And based entirely on his faith that Bush would not have put forth a judge that won't overturn Roe v Wade.
http://focusaction.org/press/a0000117.cfm

"Based on the information known generally about Harriet Miers, and President Bush's personal knowledge of her, we believe that she will not prove to be a lone exception.

"On the other hand, one cannot know absolutely about matters of integrity and philosophy until a jurist is given the tremendous power and influence of their position. As Lord Acton said: 'Power corrupts, and absolute power corrupts absolutely.' Sadly, that seems to have happened to Justices Souter and Kennedy. All we can say now is that Harriet Miers appears to be an outstanding nominee for the Supreme Court."

Basically Dobson is calling Bush and liar while trusting him implicitly at the same time. Bush claims he has never discussed abortion with Miers, Dobson is simply hoping that that is not true. He wants Miers to not be another Souter or Kennedy, but he is hardly guaranteeing it here. The "personal knowledge", "Power corrupts" and "appears" should be red flags to any Pro-Lifer out there, Dobson is flying on a wing and a prayer here.

PollKatz: Bush Approval in 15 polls
by Bruce Webb on Wed Oct 05, 2005 at 10:11:51 AM EST
[ Parent ]

Some random thoughts (none / 0)

All the other possibilities floated were worse. We know what Owens and Rogers would have done and how they would have voted. It is beyond the realm of possibility that Bush would have nominated a candidate with a paper trail that progressives would get behind, we need to get real, the very best we could possibly expect was a "punt and pray" candidate. Well we got that.

Meirs gave $1000 to Gore in 1988. This is making wingnuts heads explode one by one as they learn this little fact. According to the official story she started swinging to the Right when she became born again in 1979. Well she seems to have backslid a little. We know she gave money to Gore and Lloyd Bentson. The amounts were chump change for a wealthy lawyer and if these were just two incidents in a sea of political money for Republicans around the same time you could dismiss it as meaningless, time for a little research by the good folk at turthout.org.

And an inconvenient fact. We have a wealthy, highly successful woman who reached 60 without getting married. At a minimum we have a woman who doesn't fit well with the Concerned Women of America  paradigm (top headlines on their site today: "Nothing can replace Mom's care" and "CWA: Wait and See on Supreme Court Nominee" which managed to raise their enthusiasm to the tepid point that produced this:

 "We give Harriet Miers the benefit of the doubt because thus far, President Bush has selected nominees to the federal courts who are committed to the written Constitution," said Jan LaRue, CWA's chief counsel. "Whether we can support her will depend on what we learn from her record and the hearing process," LaRue added."

You got to love the "thus far"

And we have to look at the calender. Meirs may end up to be a compliant, down the line consistently conservative reliable vote. But she is sixty. Would you rather replace her with a younger, more brilliant Michael Luttig? With a known record that should make your hair curl?

We know Meirs is a Bush loyalist. We also know she is a pretty sharp lawyer admired by her peers. But Bush will be gone in a little over three years while Meirs will be sitting in a lifetime appointment. We can expect, or least hope, that her perspective will change when she becomes a fully independent agent.

This woman has been at Bush's side for years and years, she may be the most private person in the world but surely the Wingnuts must have some idea of where she stands and yet by and large they are freaking.

It would be interesting to be a fly on the wall at the American Heritage Fellows lunch room. Because the last time an American President sent a strong never married woman lawyer to fill a top post the Janet/Hillary jokes started flowing like water. Republican women are supposed to produce two kids (at least) and then spend the rest of their lives looking up adoringly at their strong, manly husband. Well like Condi the only man Harriet is looking up adoringly at is George, which may or may not say much about either but has to be a little discomfiting to that wing of the Republican Party that believes a family is a man, a wife, a passel of kids (and discrete liasons with box turtles (tip of the hat to Senator Conryn)).

PollKatz: Bush Approval in 15 polls
by Bruce Webb on Wed Oct 05, 2005 at 09:04:33 AM EST

Re: Some random thoughts (none / 0)

Yeah but the entire reason he chose her was because he knows that if he chose Owens or Rogers, they may never of been confirmed.  So instead he chooses a stealth candidate.  It's the next best thing.  It's someone he knows is a radical right fundamentalist, but with no paper trial.

I personally think that Dobson and many others know this already and are just duping the Democrats into thinking that she is not a worthy nominee.

by Eric11 on Wed Oct 05, 2005 at 09:16:24 PM EST
[ Parent ]

You want to bet money on that? (none / 0)

"if he chose Owens or Rogers, they may never of been confirmed"

If you have solid evidence that the Gang of 14 would have simply stepped aside and allowed a filibuster against either then bring it. But the notion that Owens or Rogers would not have gotten 51 Republican votes needs to be demonstrated and not just asserted.

PollKatz: Bush Approval in 15 polls
by Bruce Webb on Sat Oct 08, 2005 at 12:14:01 PM EST
[ Parent ]

Face it, Bush sucks both ways (none / 0)

The one thing that amazes me about the second term so far is that Bush seems to have gone to a "fine, fuck everyone!" approach.

He doesn't care if he screw cons.  He isn't truly bothered if he helps liberals.

My bet is that both Robert and Meier are going to be Anthony Kennedy justices.

Seing who they replace, that means the court has gone further left under Bush, with only two true-blooded cons on the bench now.

by jcjcjc on Wed Oct 05, 2005 at 03:14:15 PM EST

Don't Read Too Much Into It . . . (none / 0)

The lefty blogosphere is not sold on Mier -- but it's like Schumer and Reid said: the short list was loaded with ideological right wingers, and she was the least ideological of the bunch.

The other point -- most of our pleasure is from the right wing melt down, at not getting a Scalia clone. They feel betrayed, and are turning on Dubya like never before.

In the end, Harriet Wendell Holmes may turn out to be Harriet Carswell -- another footnote in the history of Supreme Court nominees who were never confirmed. In the meantime, we are all enjoying the spectacle of the wing nuts eating their own.

by ck on Thu Oct 06, 2005 at 12:29:41 AM EST


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