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The Miers revolution [Offending your supporters has real-world consequences]
National Post ^ | Oct. 11, 2005 | David Frum

Posted on 10/11/2005 5:30:20 AM PDT by conservativecorner

'It's not a rebellion, sire: It's a revolution." With those words, the duke of La Rochefoucauld-Liancourt broke the news to Louis XVI that the Bastille had fallen. Looking back on the events of the past eight days, I wonder whether the Bush White House does not feel the same way.

The President's decision to replace retiring Supreme Court justice Sandra Day O'Connor with his White House counsel and former personal attorney, the underwhelming Harriet Miers, has detonated an uprising within the President's own party.

Conservative commentators Laura Ingraham, Rush Limbaugh, George Will, Patrick Buchanan, Charles Krauthammer, William Kristol, Michelle Malkin and many, many others have condemned the choice.

Washington's tight-knit and usually close-mouthed network of conservative jurists and lawyers is dismayed by Miers' thin record and weak abilities. One Republican lawyer told me of a briefing session to prepare Miers to enter into her duties as White House Counsel a year ago. A panel of lawyers who had served in past Republican White Houses was gathered together. After a couple of hours of questions and answers, Miers left to return to the office. There was a silence. Then somebody hopefully piped up: "Maybe if we can find her a really strong deputy ..."

The anger of conservative legalists and opinion leaders is echoed by rank-and-file Republicans. Last week, I asked readers of the conservative National Review Online Web site to tell me how they would vote on the nomination as U.S. senators: They voted 5-1 to reject the nomination. And while the aye votes were usually expressed in cautious and uncertain terms ("I think we just have to trust the President"), the nays were furious ("not just no -- hell no!")

These impressions are confirmed by opinion polls. A CBS poll conducted last week found that the Miers nomination was the most unpopular since Robert Bork's in 1987. Gallup found that while 77% of self-identified conservatives had supported the Roberts' choice, only 58% supported Miers. Both those polls were taken before at the very beginning of last week's spasm of negative media commentary.

CBS last week also released new presidential approval numbers, based on a survey conducted October 3-5. Bush is down to 37%, the lowest presidential approval rating since the Carter years. That number is buoyed, though, by the President's continued high approval rating among conservatives: 80%.

But Oct. 3 was the date that the Miers nomination was announced. As conservatives digest their disappointment and betrayal, their approval of the President is likely to decline. It's hard to say how powerful this effect will be overall, but here's one clue: A poll Monday of 200 right-of-centre bloggers by the RightWingNews.com Web site found that 49% regarded the appointment as a "bad or terrible" decision. Only 9% rated it "good or excellent." And while 4% of the bloggers said that the decision raised their opinion of President Bush, 53% made them view the President less favourably.

While it would seem unlikely that conservatives overall would react as strongly as these intensely political bloggers, the trend and tendency are both clear.

The problem is made worse by the White House's publicity campaign in defence of Miers. Advocates of the appointment have accused critics of "sexism" and "elitism" -- charges that have been echoed by left-wing Democrats like Maryland Senator Barbara Mikulski. There are probably few tactics less likely to impress a conservative audience -- or more likely to convince that audience that Miers is indeed the unqualified crony her critics say she is.

The only thing worse may be the White House's second talking point: emphasizing Miers' personal qualities. Former White House aide David Kuo tells this story in an op-ed posted on the beliefnet.com Web site:

"Harriet used to keep a humidor full of M&Ms in her West Wing office. It wasn't a huge secret. She'd stash some boxes of the coveted red, white, and blue M&Ms in specially made boxes bearing George W. Bush's reprinted signature. Her door was always open and the M&Ms were always available. I dared ask one time why they were there. Her answer: 'I like M&Ms and I like sharing.' "

This anecdote almost invites the retort: Well why don't we go all the way and put Barney the purple dinosaur on the court?

More seriously, it disregards and insults the seriousness with which conservatives have worked for three decades to bring change to America's high-handed courts. There is no domestic issue that conservatives care about more, nothing for which individual conservatives have made greater personal sacrifices than to get ready for the day when a conservative president and a Republican Senate would at last hold the power to fill that crucial swing seat on the court.

President Bush's decision to award that seat to his personal attorney in thanks for her years of service to himself personally has enraged his political base. Ann Coulter expressed that rage in her inimitably astringent way two days after the nomination was announced: "Being on the Supreme Court isn't like winning a 'Best Employee of the Month' award. However nice, helpful, prompt and tidy she is, Harriet Miers isn't qualified to play a Supreme Court justice on The West Wing, let alone to be a real one."

Offending your supporters has real-world consequences. With one grave misjudgment, George W. Bush has shattered the coalition that brought and returned him to power in 2000 and 2004.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Politics/Elections
KEYWORDS: dramaqueens; harrietmiers; scotus; time4frum2getalife
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To: Wonder Warthog
Yeah, but with the Miers nomination, we go neither hamburger nor filet mignon---more like tofu burgers---an unacceptable imitation of beef

Even though I do have a bad habit of judging food before I taste it, I don't like to judge people before they have a chance to speak for themselves.

Bring on the hearings!!!

121 posted on 10/11/2005 7:08:04 AM PDT by syriacus (Harriet Miers deserves hearings and an up/down vote, not rocks thrown by "Harriet's Harriers")
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To: Blood of Tyrants

i agree with you 100%. bush is probably also going to give the rats the house and senate. i for one am very teed off at this guy.


122 posted on 10/11/2005 7:10:50 AM PDT by tdened
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To: RGSpincich
are missing a great presidency.

LOL!...Thanks...This thread needed a shot of humor to lighten it up a little.

123 posted on 10/11/2005 7:11:36 AM PDT by KDD (A wink is as good as a nod to a blind horse.)
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To: syriacus
Syriacus,

Do you really expect to get a good understanding of this nominee from the hearings?

They spend weeks prepping to ensure that they come off in a positive light while saying nothing on their positions on the major issues (as they should). I don't see how these hearings can determine whether an individual is a strict constructionist or not.
124 posted on 10/11/2005 7:11:37 AM PDT by al_again
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To: Rutles4Ever
Hugh Hewitt was spinning like a top last night, saying that Miers has impeccable credentials as a lawyer (huh? Lottery commission?) and that being an originalist is "easy" - that reading the constitution and interpreting it is not a big deal.

Hmmm, you left out the part where he wasn't alone and was talking to a professor, too, who gave a valid and persuasive argument that she is qualified.

125 posted on 10/11/2005 7:11:47 AM PDT by cyncooper
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To: rbmillerjr
LOL, your forgetting about the undecideds smart guy..

Like I said if you can't count, give it up. The undecided could not be considered against Miers. So, using 10% as undecided and the 58% approval, it would be safe to say that nearly 70% of conservatives are unopposed to Miers' nomination.

126 posted on 10/11/2005 7:12:14 AM PDT by RGSpincich
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To: Don'tMessWithTexas
Your ad hominem attack is ridiculous and only reveals the emptiness of your point of view. But it's not only absurd, it's pathetic.

LOL! The thing that was pathetic was your reply #57.

127 posted on 10/11/2005 7:13:55 AM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: conservativecorner
This article presupposes that this administration, right now, on Oct. 11, 2005, has the political will and political capital to do what it would take to push someone like Janice Brown ... who I'd like to see get this SCOTUS seat, BTW ... through the Senate. I don't think it does.

I've said this in every thread I've participated in on this topic, and I'll repeat it: We missed the chance to invoke the constitutional option, and I would be utterly surprised to see another chance come around without massive change in the Senate. Because while there are 55 Republicans in the Senate, there are not 55 movement conservatives, especially movement social conservatives. So for those spoiling for controntation and a fight with the libs over this, IMHO at this point in time, on Oct. 11, 2005, it's not likely to be a winnable fight. It would make us feel good and we could look in the mirror and say that we've stood on principle, but at the end of the day, again this is my .02, we lose because I do not see the constitutional option to break a Dem filibuster as an achievable option right now.

I am not thrilled with Miers, but I'm not ready to throw the president over the side (which is what a Senate rejection of this nominee would accomplish) or opt out of 2006 and 2008 in protest either ... to those who want to opt out of 2006, keep repeating this nine-word mantra, "Senate Majority Leader Harry Reid, House Speaker Nancy Pelosi."

128 posted on 10/11/2005 7:13:57 AM PDT by GB
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To: syriacus
I think you've missed the point. We know McVain and Schumer and their ilk are not are allies, but BUSH was OUR PRESIDENT! He was the one who was going to bring an end to the tyranny of the courts.

What happened? Roberts the jury is still out, very bright guy but nobody is really sure how conservative he will be. Miers, never took a position on a controversial issue and the RATS recommended her for the position.
129 posted on 10/11/2005 7:16:11 AM PDT by wmfights (lead, follow, or get out of the way)
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To: rbmillerjr; RGSpincich

As of a few minutes ago:

Free Republic Opinion Poll: Do you approve of Harriet Miers for Supreme Court?

Composite Opinion
Yes 34.1% 2,133
Need more info 32.7% 2,046
No 28.1% 1,758
I'm voting Hillary! 3.1% 194
Pass 2.0% 123
  100.0%   6,254
 
Member Opinion
Need more info 39.5% 1,097
Yes 30.4% 844
No 26.1% 723
Pass 2.3% 64
I'm voting Hillary! 1.7% 47
  100.0%   2,775
 
Non-Member Opinion
Yes 37.1% 1,289
No 29.7% 1,035
Need more info 27.3% 949
I'm voting Hillary! 4.2% 147
Pass 1.7% 59
  100.0%   3,479
 

It is a clearly dividing issue.

Instead of a principal debate (long overdue) between the Right and the Left about constitution and what is good for the country, we have an uninspiring candidate that divides conservatives.

What other issue divided conservatives so much lately?

It is an entirely self inflicted (by Bush) pain.

130 posted on 10/11/2005 7:17:36 AM PDT by Tolik
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To: ClearCase_guy
George H.W. Bush did not know David Souter. Souter was recommended to him by others. He got burned. George W. Bush did not want to get burned. He did want a nominee who could get on the bench. He chose someone who he KNEW. Someone he TRUSTED. This is the president who put Janice Rogers Brown on the Federal bench. He didn't want to get burned by someone he didn't know. So he chose someone very reliable. Someone he truly knew.

Why is this so hard to understand?

Why indeed! Never have so many been STUCK-ON-STUPID!

131 posted on 10/11/2005 7:17:53 AM PDT by AmericaUnited
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To: Mr Rogers
No one is suggesting the Senate should filibuster her. The suggestion is that the President should withdraw the nominee, or that she should be voted down.

They suggest that "she should be voted down" before a hearing?

My suggestion is that she should get a hearing first .

Supposedly principled people who insisted on "up or down votes" for nominees, merely 6 months ago, have reversed course.

Perhaps these renegers are too near-sighted. They only defend nominees who are in danger of filibuster....when they can pick a good "consitutional" fight. Harriet doesn't fit their scenario.

I think that is the main problem. Folks were primed for a good fight against the libs. When that evaporated they turned their energy against Bush.

What do leaderless soldiers do, historically, when they are all dressed up for battle and the battle doesn't take place? They pillage.

132 posted on 10/11/2005 7:20:08 AM PDT by syriacus (Harriet Miers deserves hearings and an up/down vote, not rocks thrown by "Harriet's Harriers")
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To: conservativecorner

We've had enough justices appointed with long judicial histories who's job had been to rule based on the law as had been decided by higher courts. When placed on the high court, their actions there were significantly different that what was expected by those appointing them.

Appointing someone who is not competent for the job because of friendship is a very bad thing.

Appointing someone who you know well and feel would do a good job and uphold the constitution is a good idea.

There are some people I would have liked to see appointed, and Miers was not among them, but I've yet to see a good reason why she shouldn't be confirmed.

I would have rather that he appointed a tough conservative constitutionalist to the court, and aggressively fought the senate to get them confirmed.

Unfortunately our president doesn't appear to have the backbone to butt heads with the Senate and has taken the easy way out by choosing a candidate without a record on many contentious issues.

That doesn't mean that she isn't a qualified, conservative, constitutionalist. It means we end up having to trust that Bush has chosen well, which is something we are uncomfortable with for a variety of valid reasons.

However, in the end, it's the president that gets to pick the nominee, and he's chosen a person who is well versed in the law. She is as qualified as many who have served on the court in the past.


133 posted on 10/11/2005 7:21:08 AM PDT by untrained skeptic
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To: Tolik

Thanks, still sitting at 70% unopposed.


134 posted on 10/11/2005 7:22:20 AM PDT by RGSpincich
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To: syriacus
"Republicans have a perfectly constitutional, perfectly reasonable case for demanding an up-or-down vote on judicial nominees, "

And yet they don't overtly object to colture abuse. No outrage that capitulating to the gang of 14 effectively limits the President's power to nominate overtly conservative candidates.

While having the perfectly reasonalbe case, the GOP has asserted silence, acquiescence, and capitulation. The President hasn't done anything productive with this perfectly reasonable case.

Wussies.

135 posted on 10/11/2005 7:24:13 AM PDT by Cboldt
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To: conservativecorner
'It's not a rebellion, sire: It's a revolution..... an uprising within the President's own party.

Neither a revolution, nor an uprising.

Pillaging and vandalizing by soldiers when the long-awaited battle is called off.

136 posted on 10/11/2005 7:25:09 AM PDT by syriacus (Harriet Miers deserves hearings and an up/down vote, not rocks thrown by "Harriet's Harriers")
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To: cyncooper

So we've got James Dobson, Harry Reid, Pat Robertson, Hugh Hewitt, and some professor in support of this nomination. Three shills a Demoncrat and a no-name.


137 posted on 10/11/2005 7:26:03 AM PDT by Rutles4Ever (Stuck on Genius)
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To: BluH2o
Maybe if I spell reeeaaaallll slooowwww ...

What would happen if you spelled slowly?

138 posted on 10/11/2005 7:26:33 AM PDT by syriacus (Harriet Miers deserves hearings and an up/down vote, not rocks thrown by "Harriet's Harriers")
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To: Don'tMessWithTexas
They will no doubt say: do you want Hillary or a Dem Senate? Those please will start to ring hollow.

They are too vainglorius to plea for help. They will insult you into submission.

139 posted on 10/11/2005 7:27:14 AM PDT by Cboldt
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To: syriacus
I think that is the main problem. Folks were primed for a good fight against the libs. When that evaporated they turned their energy against Bush.

You nailed it. That's most of what's going on here. As far as what folks like Coulter are saying, IMHO she's representing the mindset of a lot of Ivy League legal eagles who've worked hard and invested a lot of time and effort in trying to position themselves to get on the SCOTUS, and probably see it as their birthright ... folks can flame away, but there is a touch of elitism involved ... and then the president has the audacity to pick someone who went to ... GASP! ... Southern Methodist.

140 posted on 10/11/2005 7:29:25 AM PDT by GB
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