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No more benefit of the doubt
The American Conservative Union ^ | October 17, 2005 | David A. Keene

Posted on 10/17/2005 3:17:09 PM PDT by Map Kernow

Harriet Miers’s confirmation hearings are about to begin, so we may be on the verge of learning something meaningful about the president’s choice to replace Justice Sandra Day O’Connor on the Supreme Court. Or maybe we won’t. We haven’t learned much since she was named, and one suspects there might not be all that much more out there.

I don’t know enough about Ms. Miers even to guess at her qualifications for the job to which she has been appointed. I’ve heard good and bad things about her from those who’ve dealt with her, and I’ve read reams of opinion about her, but I still have to count myself as skeptical, as nothing I’ve heard thus far even begins to convince me that she belongs on the Supreme Court.

The case for Miers is simple. The president knows her and likes her. She’s a hard worker and a woman who did well as a lawyer in Texas, is devoted to the president and has performed loyally as a White House staffer. Oh, and there is one other thing. Ms. Miers regularly attends church and apparently takes her religion seriously. This, according to White House arm twisters, tells us that she would vote on the court in a way that would please social and religious conservatives.

In fact, it tells us no such thing.

It’s nice to know that Ms. Miers is a regular church-goer, and nicer still that she is devout, but we have been told time and again by the same people selling her candidacy today that a nominee’s religious views need not shape his or her judicial decisions. When liberals questioned whether John Roberts would, as a Catholic, be able to decide cases involving abortion and euthanasia without being unduly influenced by the views of his church, they were assured in no uncertain terms that his views of the Constitution and the role of the Supreme Court, rather than his personal religious views, would prove determinative in such cases.

They were right then and wrong now. One can find devout liberals and conservatives sitting side by side in pews every Sunday. As a practical matter, while it is true that regular attendance may, as numerous polls suggest, indicate a greater statistical likelihood that one will vote Republican, such attendance tells us little about any individual attendee’s politics and absolutely nothing about how Harriet Miers might vote on cases that come before her as an associate justice of the Supreme Court.

When a Supreme Court justice looks at a case, conservatives and most other Americans would hope that he or she would ask how the Founders might have viewed it in light of the meaning of document they crafted rather than how their minister, priest or the president who appointed them might want it to turn out. We don’t know how Harriet Miers views the Constitution or the role of a Supreme Court justice, and most of us are waiting to find out.

Still, I have from the beginning been willing to grant that, since few of us know much about the lady, she may be all the president and his advisers claim. She is, after all, a smart woman and a fairly successful lawyer who may well have thought deeply, though privately, about constitutional questions in spite of the rather mundane chores for which she’s billed her clients over the years, but it is going to be up to her to demonstrate it.

What is most troubling about this whole affair, however, is the way the administration has gone about trying to demonize conservatives who have raised questions about Ms. Miers. It began from day one to attack personally the motives, loyalty and judgment of anyone who questioned the wisdom of the nomination. Since then, the ad hominem attacks on Miers’s conservative critics have been unconscionably heavy-handed and will haunt the president regardless of how the nomination fight turns out.

Most conservatives have stood with Bush from the beginning. Those of us who know him like him. We’ve swallowed policies we might otherwise have objected to because we’ve believed that he and those around him are themselves conservatives trying to do the right thing against sometimes terrible odds. We’ve been there for him because we’ve considered ourselves part of his team.

No more.

From now on, this administration will find it difficult to muster support on the right without explaining why it should be forthcoming. The days of the blank check have ended because no thinking conservative really wants to be part of a team that requires marching in lock step without question or thought, even if it is headed by the president of the United States.


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events
KEYWORDS: bushsquagmier; davidkeene; harrietmiers; miers; scotus; supremecourt
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What is most troubling about this whole affair, however, is the way the administration has gone about trying to demonize conservatives who have raised questions about Ms. Miers. It began from day one to attack personally the motives, loyalty and judgment of anyone who questioned the wisdom of the nomination. Since then, the ad hominem attacks on Miers’s conservative critics have been unconscionably heavy-handed and will haunt the president regardless of how the nomination fight turns out.

It's going to be a long three years to the end of this term.

1 posted on 10/17/2005 3:17:12 PM PDT by Map Kernow
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To: Map Kernow

If we can't give the President the benefit of the doubt long enough to hear what she has to say at the hearings, how can we expect the rest of the country to give him the benfit of the doubt about anything.


2 posted on 10/17/2005 3:19:11 PM PDT by gondramB (Conservatism is a positive doctrine. Reactionaryism is a negative doctrine.)
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To: Map Kernow
Since they are doing a Do-Over on this, can we get one for some of the other things, like the failures to veto some of those gross spending pork bills? The Let's Make Friends With Fat Ted Kennedy Education Bill? The highways bill? The fat Farms bill?
3 posted on 10/17/2005 3:30:41 PM PDT by RetiredArmy (The RNC & RINOcrats - The party of self-inflicted Wounds)
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To: Map Kernow

If you read Craig Shirley's account of RR's 76 campaign, you see that the author was a major player in key states, esp North Carolina.

David Keene has been around a long time and is a true conservative. I put some stock in what he says.

If he came out for Miers, I would take that seriously.

As it happens, he is not for her...and I think that should be taken seriously also, at least from fellow conservatives.

But...as will likely happen...this thread will soon be filled up with folks calling David Keene a stooge of DU, a know nothing, a hate filled vitriolic, knee jerk Bush hating idiot, etc., blah blah blah.


4 posted on 10/17/2005 3:30:46 PM PDT by ConservativeDude
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To: gondramB

"If we can't give the President the benefit of the doubt long enough to hear what she has to say at the hearings, how can we expect the rest of the country to give him the benfit of the doubt about anything."

The rest of the country already DOESN'T give the President the benefit of the doubt on much. This is not an enormously popular President, sailing high in the polls, etc.

The people who DID give him the benefit of the doubt, the social conservatives...us...have just gotten the back of the hand (again and again) from the President and his team, because he made a damn-fool pick and we told him so.

Rather than pulling back when he saw what was happening - as he DID rapidly in the Schiavo case - he's going to go to the mat, WITH US, because we are the only people who were left in his cheering section.

So, now we're the ones getting beaten up and threatened.
But that doesn't work. As politicians, they can't do DIDDLY SQUAT to us individually. They've got no REAL power. But we can take their jobs away, not just by actively working against them, but also through simple INDIFFERENCE. A priest who screams at his congregation too much ends up having an empty church, and eventually the diocese closes it down. A politician who goes after his own base ends up without a base, and the other politicians who follow him end up going off the cliff like lemmings, because they lose the base too...and end up in civilian life with the political opposition wearing the crown.

The Republicans got REAL GOOD at turning on the attack machine. And it worked, against Democrats, and against RINOs. But the only REASON it worked, the REASON Bush's "stand tough" attitude was successful, was because it pleased THE BASE. WE were the "peanut gallery" that was cheering him and and giving him power. You come after US with that rubber truncheon that's worked so well on Dems and RINOs, and you end up with no peanut gallery...and not voters...and no power. And then you go home a broken, loser politician.
And you deserve it.

President Pyrrhus needs to BACK DOWN this time.
He did it on Schiavo.
He can do it again.
And he's got to.


5 posted on 10/17/2005 3:32:09 PM PDT by Vicomte13 (Et alors?)
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To: gondramB
...give the President the benefit of the doubt long enough to hear what she has to say at the hearings...

We've already heard what she wrote when she headed the Texas Bar.  Sad but true-- she's not simply not qualified.

6 posted on 10/17/2005 3:32:22 PM PDT by expat_panama
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To: gondramB

Is "wait till we hear what she has to say at the hearings" a way of saying "maybe something will turn up" that doesn't sound quite that helpless ? Like when a woman says "I have x years invested in this relationship" she is saying "Maybe he'll change" in a way that doesn't sound quite that helpless.

If you can come up with no credible explanation for why she deserves to be on the Supreme Court at this point, why was she chosen ? Does a boss interview everyone who sends him a resume ?


7 posted on 10/17/2005 3:33:12 PM PDT by Sam the Sham (A conservative party tough on illegal immigration could carry California in 2008)
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To: Map Kernow

Wasn't there a meeting of the "minds" (I use that term loosely), with HM and the senator fineswine and chucky the cheese eater today? Any idea of the outcome? Did they sing her praises, or swear to run her out of DC? Inquiring minds and all that. I did hear fineswine carrying the WH mantra earlier this morning, and I'm pretty sure chucky has already as well, just been out of the loop all day. Blackbird.


8 posted on 10/17/2005 3:33:21 PM PDT by BlackbirdSST ("Read my Lips, no new Taxes" G.W Bush "Trust me!" G.H.W Bush...do I have that right?)
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To: Texas Federalist; Rodney King; ARealMothersSonForever; NixonsAngryGhost; indcons; 2ndreconmarine; ..

ping


9 posted on 10/17/2005 3:35:27 PM PDT by Stellar Dendrite ( Mike Pence for President!!! http://acuf.org/issues/issue34/050415pol.asp)
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To: RetiredArmy

"Since they are doing a Do-Over on this, can we get one for some of the other things, like the failures to veto some of those gross spending pork bills? The Let's Make Friends With Fat Ted Kennedy Education Bill? The highways bill? The fat Farms bill?"


Yeah, lets get a "do over" on the prescription drug bill, CFR and the borders too!


10 posted on 10/17/2005 3:36:19 PM PDT by Stellar Dendrite ( Mike Pence for President!!! http://acuf.org/issues/issue34/050415pol.asp)
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To: Vicomte13
You make the mistake of thinking that you represent all conservatives.

You don't. In fact, there are many more conservatives who are willing to give Miers a hearing than actively oppose her.

So, Bush is not going to "pull back." He doesn't read polls, but, if he did, he would see that he is supported more than opposed.

11 posted on 10/17/2005 3:38:50 PM PDT by sinkspur (If you're not willing to give Harriett Miers a hearing, I don't give a damn what you think.)
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To: Sam the Sham
Does a boss interview everyone who sends him a resume ?

He would probably interview someone whom he knew for 14 years as well as Bush knows Miers, especially if he thought she was qualified for the job.

12 posted on 10/17/2005 3:40:48 PM PDT by sinkspur (If you're not willing to give Harriett Miers a hearing, I don't give a damn what you think.)
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To: sinkspur

"You make the mistake of thinking that you represent all conservatives."

Nope. I'm not "representing" anybody.
I am telling anybody who is feeling angry and helpless and who wants to listen precisely what he or she can do to directly affect politics in the future.

I've just got one vote, and I will follow my own advice. Christopher Shays here in Connecticut is a pro-abortion Republican. I've always voted for him in his squeaker elections in the past, because I was voting "For the Caucus". Not now. It only takes a few voters in Connecticut to think the same way, and that seat passes over to a Democrat. That hurts the Party that betrayed us, and it makes the point.

In politics, of course, no reversal is fatal. The Republicans will be able to pick up my vote again if they will offer someone who believes what I believe and says so.

Me acting alone is nothing.
If a million conservatives think the same way, and act the same way I suggested they should, and that I am going to act, it will determine the outcome of the next election, and inflict a disaster upon the Republican Party so woeful that the balance of power in the party will shift towards the pro-lifers and the social conservatives - because they WILL still get the votes.

I could be a barking moonbat.
But then again, I could be the canary in the coal mine.
And none of us is going to know for sure just how deeply Bush has wounded this party by this choice, and the harsh browbeating of social conservatives, until November of next year.

If you're right, and most folks feel like you, not at all and I'm just a barking moonbat.
If I'm right, and a large number of folks feel like me, the wound will be deep and the disaster clear.

It would be better not to have this fight.
It would be better for the President to withdraw the nomination.

I suspect he's as stubborn as you are.
And so am I.
Which means that we cannot avoid this train wreck now.
So, we'll find out who was right about this in 2006.


13 posted on 10/17/2005 3:47:54 PM PDT by Vicomte13 (Et alors?)
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To: sinkspur

So then your one and only reason is "Bush said it, I believe it, and that settles it." ?

Can you seriously argue that a mind unashamed to publicly write junior high school level prose is qualified to be on the most elite court of this nation ?


14 posted on 10/17/2005 3:51:04 PM PDT by Sam the Sham (A conservative party tough on illegal immigration could carry California in 2008)
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To: Map Kernow
Keene has not heard the news. This is what Hugh Hewitt says about the Miers argument:

[I]t is an argument about who leads the conservative movement and the GOP. The president does ....

Please go to HH's site to get the context and to verify HH's opinion that the President "leads the conservative movement ...."

HH is wonderful, and I wish the President would nominate him for the SC, but this is the quality of argument the Miers' supporters are throwing about, and they really do not know how deeply insulting and offensive it is. It is just as insulting as eliciting our support by saying Miers is a Christian.

The President is NOT the leader of the conservative movement. There is NO leader of the conservative movement. There never has been, not even Buckley or Reagan.

This is just more of the rah rah rah, follow the Great Leader, you are a traitor and (insert others insults) argument that the pro-Miers folks are confined to making. Oh yes ... and, "look at all those folks who support her ... shouldn't you be supporting her too?"

HH gave this nomination a B+ as soon as it came out (and btw, you will not hear Hugh refer to his grade again, because it undercuts his subsequent "arguments" which depend on ignorance as their central premise). My sense when I read that was that HH knew immediately what a flop this nomination was, and realized the need to spin, spin, spin.

Now we have the Leader argument. Truly pathetic, and truly saddening, all the way around.

15 posted on 10/17/2005 3:51:10 PM PDT by Urbane_Guerilla
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To: Vicomte13
So, we'll find out who was right about this in 2006.

We'll likely get a small indicator in next months' New Jersey and Virginia gubernatorial elections.

If Republicans win both (and they are both dead even), that's may be some indicator of the mood of the GOP right now, especially in Republican Virginia.

16 posted on 10/17/2005 3:51:54 PM PDT by sinkspur (If you're not willing to give Harriett Miers a hearing, I don't give a damn what you think.)
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To: sinkspur

Is that so? Come on, even more people on this very site oppose her than support her, according to the poll on the front page. This is bad news for him for sure.

http://www.freerepublic.com/perl/poll?poll=121;results=2


17 posted on 10/17/2005 3:52:07 PM PDT by Stuart Scott
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To: Vicomte13

The rest of the country already DOESN'T give the President the benefit of the doubt on much. This is not an enormously popular President, sailing high in the polls, etc.

And you believe the same biased Dem-skewing polling agencies that said Kerry would win the presidency?


18 posted on 10/17/2005 3:52:48 PM PDT by kaktuskid
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To: RetiredArmy
That would be nice, wouldn't it?
19 posted on 10/17/2005 3:54:29 PM PDT by Do not dub me shapka broham ("We don't want a Supreme Court justice just like George W. Bush. We can do better.")
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To: sinkspur
But it's not up to Bush.

This decision is in the hands of the U.S. Senate, which does not know Harriet Miers, and frankly, probably isn't going to press her that much.

20 posted on 10/17/2005 3:58:50 PM PDT by Do not dub me shapka broham ("We don't want a Supreme Court justice just like George W. Bush. We can do better.")
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