{"id":5334,"date":"2005-10-03T15:46:09","date_gmt":"2005-10-03T22:46:09","guid":{"rendered":"http:\/\/proteinwisdom.com\/?p=5334"},"modified":"2005-10-03T15:46:09","modified_gmt":"2005-10-03T22:46:09","slug":"conservative-response-to-the-miers-pick-not-so-good-with-a-sprinkle-of-hope","status":"publish","type":"post","link":"https:\/\/proteinwisdom.com\/?p=5334","title":{"rendered":"Conservative response to the Miers pick:  not so good, with a sprinkle of hope"},"content":{"rendered":"

First, here’s Rich Lowry<\/a>:<\/p>\n

\n

Just talked to a very pro-Bush legal type who says he is ashamed and embarrassed this morning. Says Miers was with an undistinguished law firm; never practiced constitutional law; never argued any big cases; never was on law review; has never written on any of the important legal issues. Says she’s not even second rate, but is third rate. Dozens and dozens of women would have been better qualified. Says a crony at FEMA is one thing, but on the high court is something else entirely. Her long history of activity with ABA is not encouraging from a conservative perspective–few conservatives would spend their time that way. In short, he says the pick is \u00c3\u00a2\u00e2\u201a\u00ac\u00c5\u201cdeplorable.\u00c3\u00a2\u00e2\u201a\u00ac\u00c2\u009d There may be an element of venting here, but thought I’d pass along for what it’s worth. It’s certainly indicative of the mood right now… <\/p>\n<\/blockquote>\n

Powerline<\/a>:<\/p>\n

\n

I’m sure that she is a capable lawyer and a loyal aide to President Bush. But the bottom line is that he had a number of great candidates to choose from, and instead of picking one of them–Luttig, McConnell, Brown, or a number of others–he nominated someone whose only obvious qualification is her relationship with him.\n<\/p>\n

\nMiers is also 60 years old, which limits the number of years she will be able to serve on the Court. The great unknown is whether she is a conservative. I don’t know, but President Bush does; and I think he is committed to moving the Court in the right direction. So until we see something to the contrary, I’ll take it on faith that she will be a principled strict constructionist on the Court.<\/p>\n<\/blockquote>\n

\nRamesh Ponnuru<\/a>:<\/p>\n

\n

It’s an inspiring testament to the diversity of the president’s cronies. Wearing heels is not an impediment to being a presidential crony in this administration! I can only assume that the president felt that his support was slipping in this important bloc, and he had to do something to shore it up.<\/p>\n<\/blockquote>\n

Professor Bainbridge<\/a>:<\/p>\n

\n

I’m appalled:\n<\/p>\n

\n1. She’s 60. There were lots of highly qualified younger candidates out there who would have sat on the court for decades.
\n
\n2. She has no judicial experience.
\n
\n3. She has no public track record of proven conservative judicial values (what happened to Bush’s 2000 promise to appoint people in the old of Scalia and Thomas?). How do we know she won’t be another Souter? or Kennedy?
\n
\n4. She’s a Bush crony, which is an unfortunate choice for an administration that has been fairly charged with excessive cronyism (anybody remember ex-FEMA head Mike Brown?).
\n
\n5. Her resume pales in comparison to those of some of the other leading candidates.
\n
\n6. Why is the leader of a party that supposedly about merit and against affirmative action making an appointment that can only be explained as an affirmative action choice?
\n
\n7. And if Bush was bound and determined to make an affirmative action choice, why not go with a more experienced and qualified woman like Edith Jones or minority like Emilio Garza?\n<\/p>\n

\nThis appointment reeks of cronyism, which along with prideful arrogance seems to be the besetting sin of the Bush presidency. At this point, I see no reason – none, nada, zilch – for conservatives who care about the courts to lift a finger to support this candidate.<\/p>\n<\/blockquote>\n

\nMichelle Malkin<\/a><\/p>\n

\n

It’s not just that Miers has zero judicial experience. It’s that she’s so transparently a crony\/”diversity” pick while so many other vastly<\/a> more qualified<\/a> and impressive<\/a> candidates went to waste.<\/p>\n<\/blockquote>\n

\nBill Kristol<\/a>, “Disappointed, Depressed and Demoralized.”\n<\/p>\n

\nAnd Glenn<\/a>—not a traditional conseravative—says, “Perhaps they’ll change my mind, but so far I’m underwhelmed.”\n<\/p>\n

\nBut here’s Bench Memos’<\/a> Richard Garnett:<\/p>\n

\n

For starters, and with all due respect to Mark Levin, the claim that “[e]ven David Souter had a more compelling resume that Miers” strikes me as quite mistaken. So does the statement that “Miers was chosen for two reasons and two reasons alone: 1. she’s a she; 2. she’s a long-time Bush friend.” There is, at least, a (3), namely, that President Bush and his advisors \u00c3\u00a2\u00e2\u201a\u00ac\u00e2\u20ac\u009d his advisors who are, it should be remembered, entirely committed to constitutionalism in the courts \u00c3\u00a2\u00e2\u201a\u00ac\u00e2\u20ac\u009d believe that Ms. Miers is a judicial conservative.\n<\/p>\n

\nI yield to no one in my respect for the “farm team” \u00c3\u00a2\u00e2\u201a\u00ac\u00e2\u20ac\u009d McConnell, Alito, Luttig, etc. \u00c3\u00a2\u00e2\u201a\u00ac\u00e2\u20ac\u009d but I am also surprised that some are so quick to assume that this President, who fought hard to get home-run judges Pryor, Owen, Colloton, Brown, McConnell, Sutton, Roberts, etc., confirmed to the courts, would suddenly drop the constitutionalism-ball just to be nice to an old friend or to satisfy those demanding another female justice. This is a White House \u00c3\u00a2\u00e2\u201a\u00ac\u00e2\u20ac\u009d and, more particularly, this is a White House Counsel’s office \u00c3\u00a2\u00e2\u201a\u00ac\u00e2\u20ac\u009d that is well stocked with very smart conservative lawyers, who understand that few things are as important to a President’s sucess, and few tasks are as central to his constitutional obligations, as judicial nominations. Whatever our complaints might be about some of this President’s decisions, I do not think he has ever given conservatives anything to complain about when it comes to judges and Justices.\n<\/p>\n

\nIt would, we all agree, have been a horrible betrayal and an epic blunder for this President to think that by nominating a woman to the Court \u00c3\u00a2\u00e2\u201a\u00ac\u00e2\u20ac\u009d a woman without, arguably, battle scars from the “culture wars” in the courts, he could please the Left or guarantee an easy nomination process. It seems to me, though, that there is no reason to think that this President thought or thinks this. President Bush clearly believes that Harriet Miers is a conservative, who does share the commitment of Justices Scalia, Thomas, Rehnquist, and Roberts to a democracy-respecting understanding of the Constitution. This is not a case where those of us who believe strongly in the rule of law are being asked to rely on the vouching of Sununu and Rudman; this is a case where an Administration that has consistently \u00c3\u00a2\u00e2\u201a\u00ac\u00e2\u20ac\u009d uniformly \u00c3\u00a2\u00e2\u201a\u00ac\u00e2\u20ac\u009d picked solid judges is holding out a nominee who, the Administration reports, is every bit as solid. Frankly, I’m pleased by the fact that the White House Counsel who gave us Roberts, Pryor, Owen, and Brown has been nominated to join their ranks.<\/p>\n<\/blockquote>\n

\nAnd Hugh Hewitt<\/a>:<\/p>\n

\n

Harriet Miers isn’t a Justice Souter pick, so don’t be silly. It is a solid, B+ pick. The first President Bush didn’t know David Souter, but trusted Chief of Staff Sunnunu and Senator Rudman. The first President Bush got burned badly because he trusted the enthusiams of others.\n<\/p>\n

\nThe second President Bush knows Harriet Miers, and knows her well. The White House Counsel is an unknown to most SCOTUS observors, but not to the president, who has seen her at work for great lengths of years and in very different situations, including as an advisor in wartime. Leonard Leo<\/a> is very happy with the choice, which ought to be enough for most conservatices.<\/p>\n<\/blockquote>\n

\nHubris, however, ain’t buying<\/a> that last testimonial…\n<\/p>\n

\n****<\/p>\n","protected":false},"excerpt":{"rendered":"

First, here’s Rich Lowry: Just talked to a very pro-Bush legal type who says he is ashamed and embarrassed this morning. Says Miers was with an undistinguished law firm; never practiced constitutional law; never argued any big cases; never was on law review; has never written on any of the important legal issues. Says she’s not even second rate, but is third rate. Dozens and dozens of women would have<\/p>\n

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