Withdraw the Miers nomination, Mr. President
After over two years in the field, the Army of the Potomac had lost its fourth commanding officer - its fifth if you include John Pope's derivative Army of Virginia, and its sixth if you count George McClellan again after his return from the Penninsula. At this inopportune moment, in the summer of 1863, as the army was handed to a Pennsylvanian named Meade, the Confederate Army of Northern Virginia under Robert E. Lee struck north. Many thought George Gordon Meade would be cautious as he pressed his army north into his home state, even timid like several of his predecessors. But standing on a ridge facing west, Meade decided to stay put and make a stand, practically daring the cocky southerners to charge his lines. As the two armies thrust and parried over the course of three days around the town of Gettysburg, many believed the fate of their nation hung in the balance.
The president, whom I have supported through thick and thin, is proving especially thin today, having picked a Texas crony, White House Counsel Harriet Miers, as the replacement to Sandra Day O'Connor. The most often-heard and repeatable comment in conservative circles today is "dispiriting", and I join in that sentiment. I do not understand why we are not standing and fighting on our principles.
My military analogy falls short on several points. We are in a vital struggle, but at this point our conservative forces are more about swaying the populace in a war of ideas than dealing with and defeating an armed insurgency. The president's choice of a Supreme Court nominee is in many respects not like a battlefield. And some have argued we should not fight when we can't see the disposition of all the troops. But for all my discordant thoughts, we're still talking about saving the Union, and I'm still left thinking about picking good ground and standing firm upon it.
Some are defending the choice. Rush Limbaugh asked, "Would you want to stage a fight knowing that your troops are today's Senate Republicans?" I don't find the argument that some generals aren't fit to fight much of an excuse. Buford, Meade, and Hancock had some weak knees and political opportunists within their own ranks, but they perservered - almost despite the activities of some generals. When led properly, even the most cowardly can find the will to fight, and when we're talking about changing hearts and minds, the fight is more about the way it's carried out than the results. Others have suggested that my approval isn't required, and as a good soldier I should suck it up and support the president. Like the dispirited troops approaching Gettysburg, I'd need convincing that my own determination is to be respected less than the opinion of generals who have repeatedly failed to destroy the enemy, even with their occasional success.
In our first fight, this website stood on principle in defiance of those who argued we might increase unnecessary casualties. And never has the potential harm been so great - a presidency could very well fall into disarray if this is not handled properly. But I am forced to side against My Captain in this instance, and for just one reason: the Supreme Court nomination I was promised was for a judge in the mold of a Scalia or Thomas. Regardless of the president's confidence in his friend, Miss Miers is not someone I can yet trust in terms of judicial philosophy, temperment, or experience, and is not the best example of the Scalia/Thomas mold we can find. Like many conservatives, I was holding hope of a real fight with the nomination of Janice Rogers Brown, but this choice is beyond even the let-down over that failure of opportunity. The naked cronyism of this pick - in defiance of every promise, and every previous impulse - severely outweighs any other quality I might find in agreement with the nominee.
In deference to one of our contributors who would prefer we fight on under the guidance of the president, I won't deny that this is controversial, and won't pretend it is indisputable. But for now - and with the hope I can be convinced otherwise, and prayerfully hoping that if confirmed I am proved wrong - it is the position of The Black Republican to oppose this nomination.
UPDATE: Michelle Malkin has a "Message to the White House" that Sue will appreciate. Catch her earlier roundup for more reactions.
UPDATE II: At OpinionJournal, Randy Barnett expands on the theme of cronyism:
Given her lack of experience, does anyone doubt that Ms. Miers's only qualification to be a Supreme Court justice is her close connection to the president? Would the president have ever picked her if she had not been his lawyer, his close confidante, and his adviser?A confidante who was a more qualified nominee or a judicial scholar with close ties to the president would not have drawn this charge, or would have drawn less ire from conservatives. The conjunction of inexperience and what Hamilton called, "personal attachment" is the very definition of cronyism. Miss Miers' personal pedigree seems to suggest I may eventually be pleased with her conservatism. But - as others have agreed with me recently - in filling a Supreme Court vacancy, we're not looking for political conservatism, but a strict-construction/originalist judicial philosophy. We cannot be assured that we've gotten this right based on her benefactor's assurance alone.
For the good of the Republic, this nomination must be opposed.
UPDATE III: Is it any wonder that the first thing that begins to dissuade me should come from a Catholic priest? Fr. Rob Johansen hasn't convinced me to stand down (yet), but it's hard to remain stubborn when the good father tells you to be more charitable. (
Bettnet)

Comments
Bush has a tendency to support liberal Republicans when challenging conservatives. That's what makes me nervous about his TWO nominees. Hopefully, he's delivered. But, if you look at his history from outspending LBJ and all the others to his support of Chafee over Laffey and Specter over Toomey, you have to be a little uneasy. For the sake of us all, let's hope he made good choices.
Posted by: Ol' BC | October 3, 2005 09:02 PM
BC, I believe the president met the burden of my trust with the Roberts nomination, and we supported the new Chief Justice. But on first blush there is nothing in the nomination of Harriet Miers that leads me to be assured this will end well.
It could end well, and I could be proven wrong. But where Judge Roberts was clearly someone who met the description the president promised us, and more scrutiny reassured my fears, with Miss Miers we begin with cronyism and it's been tepid steps downhill from there.
I cannot and will not wait until it's too late to voice opposition, and I will be encouraging my Senators to vote no. The president has asked for too much trust and provided too little substance this time.
Posted by: Chris
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October 4, 2005 12:36 AM
In the mists of all this flap about President Bush's latest nominee, Harriet Miers, to the U.S. Supreme Court. Some conservatives broadcasters have aired their concerns (even dismay) about this nominee. I have only this to say. If you are a Christian, than the only opinion that should matter to you is the opinion of Christian lawyers fighting to defend life and family in our US court system....
remainder of spam truncated - Ed.
Posted by: The Catholic Knight | October 4, 2005 01:19 AM
Sorry Brother Knight, this one's not buying today.
I'm as pro-life as you can get, but I still won't sell out my hopes for a rational legal system to anyone on one issue, no matter how important. It's the perversion of the legal system to suit agendas that got us into this mess in the first place. And I can't think of a better definition of "agenda" than a politician being installed by her friend the president with no other redeeming recommendation other than someone's word. You're going to have to give me something more to go on before I bend over again.
Oh, and don't come in here and spam my site with your talking points. Send 'em to me by email and I'll think about including an update. Or post 'em on your own blog and trackback to me.
EDIT: Well, apparently Shane has a problem with the concept of trackback, because the above is a verbatim recitation of his post here. Send an email, Shane. I'll 'splain a few things to you.
Posted by: Chris
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October 4, 2005 01:48 AM
I'm a little surprised you questioned the President's choice. If you trust his leadership why doubt him now - just because she is a friend?
Maybe this will help.
Posted by: MidLifeMan | October 5, 2005 11:04 AM
You're only surprised because you don't know me, and seem to go through a great deal of effort to avoid learning more about me. Mr. Lifson makes lots of good points for supporting Miss Miers - including many arguments that are making some conservatives sound quite foolish - but he never directly addresses the reason why I don't. He comes close a few times, but veers off in another direction before getting there.
Posted by: Chris
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October 5, 2005 12:27 PM
Sir, how can one learn about someone unless they interact with them and engage them in conversation? This is what I thought I was doing.
Well maybe once her judicial philosophy, temperment, or experience is better exposed you feel better.
Posted by: MidLifeMan | October 5, 2005 01:19 PM
Oh, I dunno, how about reading what I write? If you won't read it the first (or second, or third...) time, what makes you think you'll get anything out of it through dialogue?
Posted by: Chris
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October 5, 2005 01:49 PM
I’ve read what you wrote. That’s why I’m surprised you didn’t rely on your “Captains” years of experience, judgment, and his advisers to pick someone qualified for the job. Why not give him the benefit of the doubt?
You said your one reason was “the Supreme Court nomination I was promised was for a judge in the mold of a Scalia or Thomas.” And you said you, “Miss Miers is not someone I can yet trust in terms of judicial philosophy, temperment, or experience, and is not the best example of the Scalia/Thomas mold we can find.
So why are you so quick to request the withdrawal of Mier’s nomination? Why can’t she go thru the confirmation process for you to see if you can “yet trust” her judicial philosophy etc.?
Are you sure it’s not the cronyism or the fact she MAY not a Thomas or Scalia minded choice but rather “I was holding hope of a real fight with the nomination of Janice Rogers Brown”.
Posted by: MidLifeMan | October 5, 2005 03:01 PM
I cannot and will not wait until it's too late to voice opposition... The president has asked for too much trust and provided too little substance... I was holding hope of a real fight with the nomination of Janice Rogers Brown, but... The naked cronyism of this pick - in defiance of every promise, and every previous impulse - severely outweighs any other quality I might find in agreement with the nominee.
If the president broke his promise, why am I under any obligation to respect his request for trust? I hold no ill will toward the woman - she could end up being great for all the reasons stated by Lifson and more. But in this instance, the president promised something very specific, and it's a violation of that promise to skip over all the people who are clearly qualified according to those terms in favor of someone only he
believescan tell is qualified according to those terms. (Poor phrasing corrected - many conservatives "believe", but only he "can tell". - Chris)His attempt to avoid a fight over these principles is a denial that they have any validity in public discourse. For us not to hold him to his promise is as much a denial on our part.
Posted by: Chris
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October 5, 2005 03:26 PM
He pulls Roberts out of his hat, probably knowing there would be opposition, but knowing the man was a strong candidate with impeccable credentials.
Then WHY would he choose such a person who would cause is own supporters to raise their eyebrows and come out against her like you have and point to cronyism?
It doesn’t make sense.
Posted by: MidLifeMan | October 5, 2005 03:48 PM
Welcome to the Republican Party!
Posted by: Chris
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October 5, 2005 03:54 PM
Those who wonder what the heck I'm talking about need to read this snark from the Left. When I said this "is a denial that (conservative principles) have any validity in public discourse," this is exactly what I was referring to.
Posted by: Chris
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October 5, 2005 07:30 PM
There are concerns from those who oppose any nomination to any court by this administration that it is a move to make law rather then interpret – something that Roberts continually denied.
But if we believe Meyerson's view "Roberts and Miers is a clear indication that his goal is at best to change the voting pattern of the Court," then THAT is the reason for your "Captain's" choice of Miers – to make and change law. Even if it means breaking his "promise."
That's politics for you.
Posted by: MidLifeMan | October 6, 2005 10:46 AM
LOL! Whatever you say, Mr. Pot.
Posted by: Chris
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October 6, 2005 12:39 PM
LOL! I didn't say it. Meyerson said it. I just thought a possible reason for your "Captains" disappointing choice.
Posted by: MidLifeMan | October 6, 2005 04:10 PM