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Bush Recoils from Greatness
Townhall.com ^ | October 3, 2005 | Pat Buchanan

Posted on 10/04/2005 8:08:33 AM PDT by HonestConservative

Bush recoils from greatness By Pat Buchanan

Oct 3, 2005

Syndicated columnist

Handed a once-in-a-generation opportunity to return the Supreme Court to constitutionalism, George W. Bush passed over a dozen of the finest jurists of his day -- to name his personal lawyer.

In a decision deeply disheartening to those who invested such hopes in him, Bush may have tossed away his and our last chance to roll back the social revolution imposed upon us by our judicial dictatorship since the days of Earl Warren.

This is not to disparage Harriet Miers. From all accounts, she is a gracious lady who has spent decades in the law, and served ably as Bush's lawyer in Texas and, for a year, as White House counsel.

But her qualifications for the Supreme Court are nonexistent. She is not a brilliant jurist -- indeed, has never been a judge. She is not a scholar of the law. Researchers are hard-pressed to dig up an opinion. She has not had a brilliant career in politics, the academy, the corporate world or the public forum. Were she not a friend of Bush, and female, she would never have even been considered.

What commended her to the White House, in the phrase of the hour, is that she "has no paper trail." So far as one can see, this is Harriet Miers' principal qualification for the U.S. Supreme Court.

What is depressing here is not what the nomination tells us of her, but what it tells us of the president who appointed her. For in selecting her, Bush capitulated to the diversity-mongers, used a critical Supreme Court seat to reward a crony and revealed that he lacks the desire to engage the Senate in fierce combat to carry out his now-suspect commitment to remake the court in the image of Scalia and Thomas. In picking her, Bush ran from a fight. The conservative movement has been had -- and not for the first time by a president by the name of Bush.

In choosing Miers, the president passed over outstanding judges and proven constitutionalists like Michael Luttig of the Fourth Circuit and Sam Alito of the Third. And if he could not take the heat from the first lady, and had to name a woman, what was wrong with U.S. appellate court judges Janice Rogers Brown, Priscilla Owen and Edith Jones?

What must these jurists think about their president today? How does Bush explain to his people why Brown, Owen and Jones were passed over for Miers?

Where was Karl Rove in all of this? Is he so distracted by the Valerie Plame investigation he could not warn the president against what he would be doing to his reputation and coalition?

Reshaping the Supreme Court is an issue that unites Republicans and conservatives. And with his White House and party on the defensive for months over Cindy Sheehan and Katrina, Iraq and New Orleans, DeLay and Frist, gas prices and immigration, here was the great opportunity to draw all together for a battle of philosophies, by throwing the gauntlet down to the Left, sending up the name of a Luttig and declaring: "Go ahead and do your worst. We shall do our best."

Do the Bushites not understand that "conservative judges" is one of those issues where the national majority is still with them?

What does it tell us that the White House, in selling her to the party and press, is pointing out that Miers "has no paper trial"? What does that mean, other than that she is not a Rehnquist, a Bork, a Scalia or a Thomas?

Conservatives cherish justices and judges who have paper trails. For that means these men and women have articulated and defended their convictions. They have written in magazines and law journals about what is wrong with the courts and how to make it right. They had stood up to the prevailing winds. They have argued for the Constitution as the firm and fixed document the Founding Fathers wrote, not some thing of wax.

A paper trail is the mark of a lawyer, a scholar or a judge who has shared the action and passion of his or her time, taken a stand on the great questions, accepted public abuse for articulating convictions.

Why is a judicial cipher like Harriet Miers to be preferred to a judicial conservative like Edith Jones?

One reason: Because the White House fears nominees "with a paper trail" will be rejected by the Senate, and this White House fears, above all else, losing. So, it has chosen not to fight.

Bush had a chance for greatness in remaking the Supreme Court, a chance to succeed where his Republican predecessors from Nixon to his father all failed. He instinctively recoiled from it. He blew it. His only hope now is that Harriet Miers, if confirmed, will not vote like the lady she replaced, or worse, like his father's choice who also had "no paper trail," David Souter.


TOPICS: Editorial
KEYWORDS: conservative; constitution; harrietmiers; judicial; justice; papertrail; qualifications; scotus; supremecourt
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Pat B summarizes conservative concerns quiete well here
1 posted on 10/04/2005 8:08:36 AM PDT by HonestConservative
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To: HonestConservative

It'll be fun to see the hearings. If she's not qualified, we'll find out.


2 posted on 10/04/2005 8:11:03 AM PDT by Huck ("If people are disappointed, they have every reason to be." Mark Levin on GW's latest lame move.)
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To: HonestConservative
Where was Karl Rove in all of this? Is he so distracted by the Valerie Plame investigation he could not warn the president against what he would be doing to his reputation and coalition?

Yeah, sure.

3 posted on 10/04/2005 8:12:06 AM PDT by Rocko
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To: HonestConservative

So cynical...the President said today...she was the best person he could find...and how can you doubt him? After all, she was the head of the Dallas Bar Association...I mean...with credentials like that....


4 posted on 10/04/2005 8:14:10 AM PDT by Irontank (Let them revere nothing but religion, morality and liberty -- John Adams)
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To: HonestConservative
Well, if Pat still has relevancy on any topic it is the topic of recoiling from greatness. I used to respect him. But that was about 10 years ago...when he had potential to be something almost great...instead or irrelevant.
5 posted on 10/04/2005 8:14:36 AM PDT by Rokke
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To: HonestConservative

Last time I checked....W has won two Presidential election, Pat has a nice gig on PBS.

Hmmmmmmmm.


6 posted on 10/04/2005 8:16:31 AM PDT by Pondman88
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To: HonestConservative

Sour Grapes!!!


7 posted on 10/04/2005 8:18:10 AM PDT by Virginia Queen (Virginia Queen)
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Comment #8 Removed by Moderator

To: Irontank

Hey I'm pro-life too, so that's all it takes to be a Supreme Court Justice, cool, sign me up. Oops, I not a woman, so much for that.


9 posted on 10/04/2005 8:19:51 AM PDT by dfwgator (Flower Mound, TX)
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To: HonestConservative; Admin Moderator

Posted yesterday with a different title:
http://www.freerepublic.com/focus/f-news/1495924/posts


10 posted on 10/04/2005 8:20:31 AM PDT by RebelBanker (Captain's Log: Kinda nutty, a little corny, need to get my commode fixed now.)
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To: Rokke
I agreee with you Rokke. Buchanan has become little more than the left's favorite conservative to quote, after John McCain that is. I used to respect him and I still think he's right on a few issues but I think his whole schtick these days is to try and bash Bush and other Republicans as if to say, see you should have picked me as your standard bearer.

I too would have loved to see a Janice Rodgers Brown or some such but I can't tear down Harriet whatever her name is since I, like everyone else, know nothing about her. I do trust that Bush does however and he's been pretty spot on with all of his other Judicial picks so maybe he knows a little bit more than all of us Monday morning quaterbacks.

11 posted on 10/04/2005 8:22:16 AM PDT by marlon
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To: TonyRo76

Tony I think it's his staff...


12 posted on 10/04/2005 8:22:32 AM PDT by Dog
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To: HonestConservative

Pat has become a Tool of the Media, and the Left who wish to regain power for the Dims. If he supported Bush on anything, they'd ignore him.

The only reason the Media gives him any attention is because he bashes Bush. "Let put on "Crazy Pat" to show the big divide in the Republican party!"

He would rather win his little battles and lose the war. Let him have his moments in the limelight.

Pat, I agree with you on illegal immigration and spending, but you can kiss my hillbilly butt.


13 posted on 10/04/2005 8:22:55 AM PDT by rightinthemiddle (Free Speech is a Right. Being Wrong is Just...Wrong.)
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To: TonyRo76

Tony,

Please check out a different take on Ms. Miers:
http://www.freerepublic.com/focus/f-news/1496346/posts

FReegards,
Reb


14 posted on 10/04/2005 8:22:57 AM PDT by RebelBanker (Captain's Log, date unknown, because Gus didn't flip the calendar — again.)
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To: HonestConservative
You wrote, "Pat B summarizes conservative concerns quiete (sic) well here."

Buchanan doesn't speak for the conservative viewpoint. While talking head cable programs often include him as their idea of a conservative, he quit being conservative several years ago. When not railing against the Israeli lobby, the 'neo-con conspiracy', or the prosecution of ordinary, law-abiding former concentration camp guards, he takes potshots at the President--sour grapes, I think, because the POTUS ignores him, as do most mainstream Republicans.
15 posted on 10/04/2005 8:23:44 AM PDT by Rembrandt_fan
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To: HonestConservative

Bush will be known as tough in war, weak kneed in all else.


16 posted on 10/04/2005 8:23:52 AM PDT by cynicom
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To: rightinthemiddle
Pat has become a Tool of the Media,

Actually Pat is just a tool.

17 posted on 10/04/2005 8:24:11 AM PDT by dfwgator (Flower Mound, TX)
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To: HonestConservative

Wow! A whole article from Pat without the mention of "Jews" in it!


18 posted on 10/04/2005 8:24:44 AM PDT by Bommer
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To: dfwgator

That was going to be my last line, but I went for "hillbilly butt" instead.

Pat has become an Elitist. I, and Bush, have not.

If we didn't have a bunch of wussies in the Senate, we could have Janice Rogers Brown.

Bush trust Meirs more than he trusts Frist.


19 posted on 10/04/2005 8:27:06 AM PDT by rightinthemiddle (Free Speech is a Right. Being Wrong is Just...Wrong.)
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To: HonestConservative
Deserves to be said again.

Reshaping the Supreme Court is an issue that unites Republicans and conservatives. And with his White House and party on the defensive for months over Cindy Sheehan and Katrina, Iraq and New Orleans, DeLay and Frist, gas prices and immigration, here was the great opportunity to draw all together for a battle of philosophies, by throwing the gauntlet down to the Left, sending up the name of a Luttig and declaring: "Go ahead and do your worst. We shall do our best."

20 posted on 10/04/2005 8:28:29 AM PDT by JesseJane (Stop the new tone already............)
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