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Retreat
Townhall ^ | Oct. 6, 2005 | Charles Krauthammer

Posted on 10/06/2005 1:46:26 PM PDT by libstripper

When in 1962 Edward Moore Kennedy ran for his brother's seat in the Senate, his opponent famously said that if Kennedy's name had been Edward Moore, his candidacy would have been a joke. If Harriet Miers were not a crony of the president of the United States, her nomination to the Supreme Court would be a joke, as it would have occurred to no one else to nominate her.

(Excerpt) Read more at townhall.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: harrietmiers; supremecourt
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We have no idea what her role in these [national security] decisions was. But to the extent that there was any role, it becomes a liability. For years -- crucial years in the war on terror -- she will have to recuse herself from judging the constitutionality of these decisions because she will have been a party to having made them in the first place. The Supreme Court will be left with an absent chair on precisely the laws-of-war issues on which she is supposed to bring so much.

This is the most compelling criticism of the Meiers nomination to date. She will probably have to recuse herself from deciding any case involving national security issues on which she advised President Bush, like the question of whether the Geneva Convention should apply to illegal combatants. Hence, a justice who would otherwise be vital to preventing the ACLU and others from sabotaging the WOT will be indefinitely sidelined.

1 posted on 10/06/2005 1:46:28 PM PDT by libstripper
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To: libstripper
I pity the schoolchildren of the future who will have to remember who was who in the Bush-Clinton-Bush-Clinton presidential alternations from 1989 to 2017.)

Quite a horrific thought.

Maybe all we can hope is for:

Bush-Clinton-Bush-Bush

2 posted on 10/06/2005 1:50:19 PM PDT by tallhappy (Juntos Podemos!)
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To: libstripper

http://www.freerepublic.com/focus/f-news/1497734/posts

Previous thread


3 posted on 10/06/2005 1:50:38 PM PDT by Daralundy
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To: libstripper
By choosing a nominee suggested by Senate Democratic leader Harry Reid...

Is this true that Harry Reid suggested her?

4 posted on 10/06/2005 1:54:16 PM PDT by tallhappy (Juntos Podemos!)
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To: libstripper

Unfortunately, this might be the most conservative administration that we're going to have for awhile. That's a sobering thought.


5 posted on 10/06/2005 1:57:14 PM PDT by appleharvey
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To: tallhappy
I pity the schoolchildren of the future who will have to remember who was who in the Bush-Clinton-Bush-Clinton presidential alternations from 1989 to 2017.)

I'd like the kids to know that Clinton was the pervert playing with the fat broad between bushes.

6 posted on 10/06/2005 2:00:00 PM PDT by pikachu (Be Alert! We need more lerts!)
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To: tallhappy
Apparently, Schumer was the first to bring her name up to the Prez, and supposedly Miers' name was on the "approved" list Reid submitted to Pres. Bush.

One FR poster posits that Reid merely wanted to include Miers' name for later arguing points, ("we had conservatives on our list, and you didn't pick them!") and never expected her to be nominated.

7 posted on 10/06/2005 2:04:55 PM PDT by BushMeister ("We are a nation that has a government - not the other way around." --Ronald Reagan)
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To: appleharvey

"Unfortunately, this might be the most conservative administration that we're going to have for awhile. That's a sobering thought."

And the next "conservative" administration will be less conservative than this one.

That's the thought that gets me drinking again after sobering up on your thought ;)


8 posted on 10/06/2005 2:14:16 PM PDT by tfecw (It's for the children)
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To: pikachu

"playing with the fat broad between bushes"

...so to speak.


9 posted on 10/06/2005 2:20:22 PM PDT by frankjr
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To: libstripper
She will probably have to recuse herself from deciding any case involving national security issues on which she advised President Bush...

What is doubly horrifying about this is the fact it is HER job to expose and explore any such conflicts with Supreme Court Justice nominees and the White House. This doesn't bolster the idea that she has a particularly nimble legal mind or she has a problem with ethics. Either one is tragic.

10 posted on 10/06/2005 2:23:22 PM PDT by msnimje (If you suspect this post might need a sarcasm tag..... it does!)
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To: libstripper

I'm amazed at how the paper conservatives are reacting to a Supreme Court nominee. All of them look like they are on the verge of tears. Miers is very much like O'Conner. That breaks the heart of the paper conservatives because,like the lefties, they want some Founding Daddy wannabe to shield them from the unwashed masses. Tom Wolfe just wrote a great novel- "I am Charlotte Simmons." You could call this Supreme Court saga- "I am Harriet Miers." Dallas City Council? Eeooowwww... get her sexiled from the Supreme Court!


11 posted on 10/06/2005 2:25:53 PM PDT by Elmer Gantry
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To: libstripper
it would have occurred to no one else to nominate her.

I've commented negatively on the Meirs nomination mostly because of her age and also because I really wanted the fight but ... The notion that few know here is not necessarily bad. No one knows me. I didn't go to an Ivy and I'm not even a lawyer, but except for the very left of my friends few who know me would be upset if I were nominated. I really think that we need non-lawyers on the Court. The Constitution is really a much simpler document than the pointy-headed-intellectuals would have one believe. Their belief that all these issues are too complicated for the unwashed is one of the most important problems we have with the Court. If issues were really decided upon the law almost all decisions would be 9-0 or 8-1. They're not. Krauthamer and Coulter are just wrong. I can read briefs, read the law, and take the advice of clerks who are lawyers. That's enough. The rest has much more to do with whether one can put his/her personal beliefs aside.

ML/NJ

12 posted on 10/06/2005 3:24:12 PM PDT by ml/nj
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To: libstripper
She will probably have to recuse herself from deciding any case involving national security issues on which she advised President Bush, like the question of whether the Geneva Convention should apply to illegal combatants

Forgive my ignorance

Can you explain this a little more? Does the constitution say she must recuse herself? Does some law say she must recuse herself?

13 posted on 10/06/2005 4:04:29 PM PDT by syriacus (Estrada deserved a hearing and an up/down vote. Miers deserves a hearing and an up/down vote.)
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To: libstripper

Who's going to make her recuse herself?


14 posted on 10/06/2005 5:14:15 PM PDT by nonsporting
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To: tallhappy
As much as I admire Governor Jeb Bush, I have to disagree.

No more Bushs!

This is a republic, and the notion of entrenched political dynasties should be repugnant to most Republicans, and to most Americans.

Even if this hasn't been the case in practice, we shouldn't perpetuate a bad idea, and should do everything in our capacities to prevent it from entrenching itself even further into American political discourse.

15 posted on 10/06/2005 5:48:34 PM PDT by Do not dub me shapka broham ("I'm okay with being unimpressive. It helps me sleep better.")
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To: nonsporting

28 United Staes Code Section 455(b), which I'ved just posted in a separate thread.


16 posted on 10/07/2005 6:08:54 AM PDT by libstripper
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To: syriacus

It's Federal law; specifically 28 United States Code Section 455(b), which I've just posted in a separate thread. This recusal issue is so vital that it might be the most important, general basis for challenging her nomination. As far as I'm concerned, it's pretty much a magic bullet, especially since she apparently didn't point this out to President Bush before he nominated her and exposed himself to the present fire storm. It also means we can oppose her without opposing him becasue she apparently didn't advise him very well on this really crucial issue.


17 posted on 10/07/2005 6:14:23 AM PDT by libstripper
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To: libstripper

Thanks, libstripper.


18 posted on 10/07/2005 7:22:59 AM PDT by syriacus (Estrada deserved a hearing and an up/down vote. Miers deserves a hearing and an up/down vote.)
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To: libstripper
It's Federal law; specifically 28 United States Code Section 455(b), ...

Has RBG, as an ACLU wumpus, ever recused herself? If not, why hasn't this law been enforced against her? Whose job is it to enforce this law? (Executive branch or Congress, following an impeachment).

19 posted on 10/07/2005 10:33:37 AM PDT by nonsporting
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To: Congressman Billybob
Congressman BB, can you please comment on this? Is this true? Thanks.

This, say her advocates: We are now at war and therefore the great issue of our time is the Article II powers of the president to wage war. For four years, Miers has been immersed in war-and-peace decisions and therefore will have a deep familiarity with the tough constitutional issues regarding detention, prisoner treatment and war powers.

Perhaps. We have no idea what her role in these decisions was. But to the extent that there was any role, it becomes a liability. For years -- crucial years in the war on terror -- she will have to recuse herself from judging the constitutionality of these decisions because she will have been a party to having made them in the first place. The Supreme Court will be left with an absent chair on precisely the laws-of-war issues on which she is supposed to bring so much.

20 posted on 10/08/2005 6:21:55 AM PDT by prairiebreeze (Take the high road. You'll never have to meet a Democrat.)
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