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Thomas Sowell: Republican Senate Is Weak, Not Bush (excellent read)
Real Clear Politics ^ | 10/7/05

Posted on 10/07/2005 5:41:46 AM PDT by linkinpunk

October 7, 2005

Republican Senate Is Weak, Not Bush

By Thomas Sowell

Conservatives who have for years contributed time, money, and sweat to help elect Republicans have often been justifiably outraged at the way the Republicans have then let them down, wimped out, or even openly betrayed the promises on which they were elected.

Much of that frustration and anger is now being directed at President Bush for his nomination of White House counsel Harriet Miers to the Supreme Court. Why not someone like Judge Janice Rogers Brown or any of a number of other identifiable judges with a proven history of upholding conservative judicial principles under fire?

Looming in the background is the specter of people like Justice Anthony Kennedy, who went on the High Court with a "conservative" label and then succumbed to the Washington liberal culture. But while the past is undeniable, it is also not predestination.

This administration needs to be held responsible for its own shortcomings but not those of previous Republican administrations.

Rush Limbaugh has aptly called this a nomination made from a position of weakness. But there are different kinds of weakness and sometimes the difference matters.

President Bush has taken on too many tough fights -- Social Security being a classic example -- to be regarded as a man who is personally weak. What is weak is the Republican majority in the Senate.

When it comes to taking on a tough fight with the Senate Democrats over judicial nominations, Senate Majority Leader Bill Frist doesn't really have a majority to lead. Before the President nominated anybody, before he even took the oath of office for his second term, Senator Arlen Specter was already warning him not to nominate anyone who would rile up the Senate. Later, Senator John Warner issued a similar warning. It sounded like a familiar Republican strategy of pre-emptive surrender.

Before we can judge how the President played his hand, we have to consider what kind of hand he had to play. It was a weak hand -- and the weakness was in the Republican Senators.

Does this mean that Harriet Miers will not be a good Supreme Court justice if she is confirmed? It is hard to imagine her being worse than Sandra Day O'Connor -- or even as bad.

The very fact that Harriet Miers is a member of an evangelical church suggests that she is not dying to be accepted by the beautiful people, and is unlikely to sell out the Constitution of the United States in order to be the toast of Georgetown cocktail parties or praised in the New York Times. Considering some of the turkeys that Republicans have put on the Supreme Court in the past, she could be a big improvement.

We don't know. But President Bush says he has known Harriet Miers long enough that he feels sure.

For the rest of us, she is a stealth nominee. Not since The Invisible Man has there been so much stealth.

That's not ideal by a long shot. But ideal was probably never in the cards, given the weak sisters among the Republicans' Senate "majority."

There is another aspect of this. The Senate Democrats huffed and puffed when Judge John Roberts was nominated but, in the end, he faced them down and was confirmed by a very comfortable margin.

The Democrats cannot afford to huff and puff and then back down, or be beaten down, again. On the other hand, they cannot let a high-profile conservative get confirmed without putting up a dogfight to satisfy their left-wing special interest groups.

Perhaps that is why some Democrats seem to welcome this stealth nominee. Even if she turns out to vote consistently with Antonin Scalia and Clarence Thomas, the Democrats are off the hook with their base because they can always say that they had no idea and that she stonewalled them at the confirmation hearings.

The bottom line with any Supreme Court justice is how they vote on the issues before the High Court. It would be nice to have someone with ringing rhetoric and dazzling intellectual firepower. But the bottom line is how they vote. If the President is right about Harriet Miers, she may be the best choice he could make under the circumstances.


TOPICS: Editorial; News/Current Events
KEYWORDS: 109th; bush43; gop; resolve; sowell; thomassowell; ussenate; wimps
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To: linkinpunk
Bush helped INCUMBENTS! And liberal Republicans helped him back in 2004 to help him win re-election.
Ronald Reagan did the same thing.

Hasn't our majority been growing though -- slowly, of course. It might be a better use of resources (considering the inherent advantage of any incumbent to be re-elected) to concentrate on getting real conservatives into Dem or empty seats until the RINO's one by one die off. Not a heroic strategy, and I'm by no means expert, but I think it's at least a defensible approach.

61 posted on 10/07/2005 10:59:53 AM PDT by maryz
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To: johnny7
but I don't believe a Dem filibuster could keep Owen or Rogers-Brown from replacing O'Connor.

Do you have any reasons for thinking so? Remember, O'Connor has offered to stay until a replacement is confirmed, so there won't be any discernible pressure on Dems to replace her.

62 posted on 10/07/2005 11:02:04 AM PDT by maryz
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To: linkinpunk

I'm ok with Miers mainly because the immediate effect will be to rid the court of the influence of O'Connor; especially in light of the accepted cases already set on the table.

The following piece represents one view of the menu, will it be appetizer, or main course?

New Supreme Court needs new First Amendment direction


President Woodrow Wilson's nomination of Louis D. Brandeis to the U.S. Supreme Court in 1916 provoked rather agitated responses from some quarters.

Calling the nomination "utterly indefensible and outrageous" and the nominee "a radical of the radicals," the Los Angeles Times wrote in a Jan. 30 editorial, "A shout of rejoicing over his appointment has gone up from every dynamiter and hell-raiser in the land. His nomination is an obvious appeal by the President for the political support of the Socialists, Gompersites, law-defying labor unions bosses, corporation baiters, wreckers of business and all the discontented and dangerous elements of the population."

The Times' reservations notwithstanding, Brandeis went on to confirmation and a distinguished career on the Court.

Today, we have a new Supreme Court for the first time since 1994. John Roberts took his seat as the nation's 17th chief justice on Oct. 3 when the Court began its 2005-06 term. On that same day, President Bush announced the nomination of White House counsel Harriet Miers to replace Sandra Day O'Connor. And although commentary is intense, it tends to be more measured — if not less hostile — than that which greeted Brandeis.

Then and now, there is ample proof that Americans do take Supreme Court nominations seriously. With good reason.

Sooner or later, the nation's most vexing disagreements over our most vital issues wind up before the Supreme Court. None quite penetrates to the core of our democratic being more than those involving First Amendment rights and values.

Each term, the nine justices must grapple with profound questions involving freedom of speech, freedom of thought and freedom to participate in political discourse: Just how free is freedom of speech?

What is the role of religion in public life? Does national security trump the public's right to know?

During the Court's last three terms, the First Amendment has not fared well. The high court has accepted for review far fewer free-expression-related cases than usual and it has been unusually stingy in recognizing First Amendment claims. In only two of the 15 decisions rendered in free-expression cases did the Court sustain those claims.

How the First Amendment will fare in the future depends on how Chief Justice John Roberts differs from his predecessor, William Rehnquist, and how Miers, if confirmed, differs from O'Connor.

During his 33 years on the Court as an associate justice and chief justice, Rehnquist consistently voted against free-speech and free-press claims. O'Connor, however, played a pivotal role during her time as justice, frequently casting the decisive fifth vote in religion cases and occasionally in expression cases.

The justices over the next 12 months will hear arguments, review briefs and render opinions in several cases that have direct bearing on whether we have full or constricted freedoms when we wish to play a role in the crucial political, cultural or religious issues that confront us.

In five cases, the Court will once more take up the question of whether state laws regulating campaign contributions and expenditures pose an unconstitutional threat to political expression: Is money speech?

The issues of compelled speech and government funding of speech are raised in another case. A coalition of university law schools — which object to the military's ban against acknowledged homosexuals — contends that requiring them to allow military recruiters on campus violates their rights.

Another case tests the limits of the free exercise of religion. The justices will decide whether the federal government can prohibit a small group of followers of a Brazilian religious sect in New Mexico from importing a banned substance, a hallucinogenic tea, for use in its ceremonies.

In a case involving anti-abortion protests appearing before the Court for the third time since 1986, the justices' ruling could affect protest and picketing rights and practices.

And a Los Angeles deputy district attorney wants the Court to declare that his free-speech rights were violated when he was disciplined for informing a defense attorney about ethical problems in a pending case.

The confirmation process for Miers should be complete by the end of the year. At present, chances seem good that she will be confirmed. Since 1789, the Senate has rejected only 34 of 155 nominations to the Supreme Court.

Not much is known about Roberts' views on these issues; even less about Miers'. First Amendment advocates, of course, hope they set the new Court on a new course as far as free expression is concerned. In that regard, Justice Brandeis set a great example as a First Amendment champion during his 23 years on the Supreme Court.

"Those who won our independence," he wrote in 1927, "believed liberty to be the secret of happiness and courage to be the secret of liberty. They believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth."

The cause of liberty would be better served if this Court's future rulings transcend individual temperament and ideology to embrace the freedom for speech and the tolerance for belief that define a vital democracy.

Paul K. McMasters is First Amendment ombudsman at the First Amendment Center, 1101 Wilson Blvd., Arlington, Va. 22209 or www.firstamendmentcenter.org. E-mail: pmcmasters@fac.org.


63 posted on 10/07/2005 11:04:12 AM PDT by Old Professer (Fix the problem, not the blame!)
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To: jackbenimble
he was able to get Scalia confirmed. And with a similar Republican minority, Bush Sr. was able to get Thomas confirmed.

Assuming your memory is better than mine, did either of them have anyone like McCain working to undermine him and showcase himself?

64 posted on 10/07/2005 11:05:49 AM PDT by maryz
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To: Sensei Ern
If I remember my ancient history, the 1970's, the Catholic Church had not taken a solid stand against abortion, homosexuality, and other liberal ideas at the time,

Actually it had. It's just that those issues hadn't become the liberal Holy Grail. Ted Kennedy was anti-abortion (or so he said and ran) until after Roe.

65 posted on 10/07/2005 11:08:52 AM PDT by maryz
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To: johnny7; nutmeg
“.. but I don't believe a Dem filibuster could keep Owen or Rogers-Brown from replacing O'Connor”

Filibuster, I am not sure there would even be 51 votes for those, given that there are about five liberal Republicans that might vote against a known conservative.

nutmeg: pinging for your interest

66 posted on 10/07/2005 11:08:56 AM PDT by evilC ([573]Tag Server Error, Tag not found)
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To: linkinpunk

I find this column pretty much on-target. The main problem is the "RINO 7" in the Senate and Spectre, McVain trying to control the nominating process. Bush cannot control them and trying to punish them could very easily backfire. Bush has no way to replace THEM now (yes, I too fervently wish he had tried to unseat Spectre last year, but nothing can be done about that now). Maybe Bush could have rammed through a high-profile nominee, maybe not, but he may be better placed to read "what's possible" than any of us..... I do think that if conservatives blow up the Miers nomination it will not lead to a better outcome -- the 'Rats will just enjoy the spectacle of Republican infighting and then they will filibuster the next nominee if it's someone more pleasing to conservatives. Maybe it will end up in the Senate "going nuclear" (i.e., constitutional) but I don't think anyone can count on the RINOs for very much.....


67 posted on 10/07/2005 11:11:06 AM PDT by Enchante (Mary Mapes, Dan Rather: so proud to be genuine FRAUDcasters!)
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To: PeteB570
Every time the Republican money raisers for the Senate call I tell them I'll start donating again once the Senate Republicans get a backbone.Testosterone injection

Until then my checkbook is closed

There, I took the liberty of fixing it.
68 posted on 10/07/2005 11:17:33 AM PDT by dearolddad
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To: linkinpunk
Dr. Sowell is one of my heroes. He is dead on in this column.
69 posted on 10/07/2005 11:19:25 AM PDT by Clemenza (Gentlemen, Behold!)
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To: mariabush

"George Bush is NO COWARD!!!!!!" - mariabush

Really? Why didn't he veto McCain-Feingold? Why hasn't he vetoed spending bills?

And what's this utter crap about Reagan deserting our Marines?


70 posted on 10/07/2005 11:36:37 AM PDT by mdefranc
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To: RedEyeJack
the MSM is trying as hard as it can to create an intramural firefight among conservatives

One need only read this thread, as well as most others here at FR, to see just how effective they have been.

It's getting real old, real fast.

Thank you Mr. Sowell.
God Bless PRESIDENT Bush!

71 posted on 10/07/2005 11:40:46 AM PDT by Just A Nobody (Proud member of the Water Bucket Brigade - and yes - I still LOVE my attitude problem)
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To: linkinpunk
When it comes to taking on a tough fight with the Senate Democrats over judicial nominations, Senate Majority Leader Bill Frist doesn't really have a majority to lead. Before the President nominated anybody, before he even took the oath of office for his second term, Senator Arlen Specter was already warning him not to nominate anyone who would rile up the Senate. Later, Senator John Warner issued a similar warning. It sounded like a familiar Republican strategy of pre-emptive surrender.

Yes, it sounded like pre-emptive surrender because it was.

What Dr. Sowell is saying is that the GOP leadership is too weak to enforce any kind of party discipline. That is especially annoying in the case of Arlen Specter, considering how the president went to bat for him in the primaries.

. . . The Democrats cannot afford to huff and puff and then back down, or be beaten down, again. On the other hand, they cannot let a high-profile conservative get confirmed without putting up a dogfight to satisfy their left-wing special interest groups. . . Perhaps that is why some Democrats seem to welcome this stealth nominee. Even if she turns out to vote consistently with Antonin Scalia and Clarence Thomas, the Democrats are off the hook with their base because they can always say that they had no idea and that she stonewalled them at the confirmation hearings.

It is a mistake to let the Democrats off the hook this way. The GOP should force them to take a stand on controversial issues. Unless there is a political price to pay for opposing the president, the Democrats and their RINO allies will continue their obstructionist tactics.

72 posted on 10/07/2005 11:45:51 AM PDT by Logophile
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To: jackbenimble
with only 45 Republican Senators (many of whom were Rockefellar types) he was able to get Scalia confirmed.
Nope. Reagan had a majority in the Senate from 1981-1986 and (having made a campaign promise to name a woman) he wasted one of the two nominations he had while he had the majority on O'Connor. Then after the Dems regained the majority in the Senate, he named Bork - and we ended up with Justice Kennedy.

Bush 41 never had a majority in the Senate, and he managed to get one conservative justice out of two tries. We don't want another failed nominee, like Bork or Nixon nominee Carsworth, whose defeat let to the selection of Blackmun - author of Roe.


73 posted on 10/07/2005 11:48:58 AM PDT by conservatism_IS_compassion (The idea around which liberalism coheres is that NOTHING actually matters but PR.)
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To: nonliberal

"Bush helped out every RINO that he could. He shares some of the blame for a weak Senate."

An ongoing weakness of Bush!

I am basically a Savage kind of guy; "Borders, language, culture."

And, less government, less spending, less intrusion...
(A little bit libertarion, but not extreme.)
End Dept of Education, PBS, EPA...
I believe my Asthma is caused by MTBE. Is Ethanol any better?!



74 posted on 10/07/2005 11:56:37 AM PDT by Prost1 (New AG, Berger is still free, copped a plea! I still get my news from FR!)
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To: samtheman
He has my support.

Hopefully not on all or even most other issues.

I wish this nomination was the only beef I had with him.

75 posted on 10/07/2005 12:11:42 PM PDT by Protagoras (Call it what it is, partial delivery murder.)
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To: linkinpunk

Ditto. Miers would not have been choice either, but the die is cast. Mr. Sowell makes the same point I make. There is no way Miers can be as bad as the five lib judges currently on the court. Which makes me as smart as Tom Sowell...yeah, I wish (ha,ha,).


76 posted on 10/07/2005 12:31:44 PM PDT by driftless ( For life-long happiness, learn how to play the accordion.)
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To: jackbenimble

"Yet with only 45 Republican Senators (many of whom were Rockefellar types) he was able to get Scalia confirmed. And with a similar Republican minority, Bush Sr. was able to get Thomas confirmed. Thomas was a battle royal but what is wrong with that? Sometimes you have to fight for what you believe."

That all very nice but due to the feckless behavior of the pubbie 'majority' the rats have played the fillibuster card.
Frist and the Senate pubbies have done NOTHING about.

THIS IS THE POLITICAL REALITY BUSH HAS TO DEAL WITH.

IMO Sowell is the wisest of the conservative pundits. He is exactly right in the case he presents in this article.


77 posted on 10/07/2005 2:08:33 PM PDT by Leto
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To: linkinpunk

I devour anything written by Sowell. I challenge anyone to add just one word to, or to subtract just one word from his writing without ruining it. It can't be done. The man is simply brilliant.


78 posted on 10/07/2005 3:24:16 PM PDT by mozarky2 (Ya never stand so tall as when ya stoop to stomp a statist!)
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To: linkinpunk; All

I can still blame Bush (and Santorum) for supporting Specter over Toomey.


79 posted on 10/07/2005 4:09:55 PM PDT by Remember_Salamis (A nation which can prefer disgrace to danger is prepared for a master, and deserves one!)
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To: rhombus

Supporting Specter was a horrible decision. Toomey would have easily beat Hoeffel, who was UNELECTABLE.


80 posted on 10/07/2005 4:13:31 PM PDT by Remember_Salamis (A nation which can prefer disgrace to danger is prepared for a master, and deserves one!)
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