How We Can Lose the Court Forever With Miers

Self | October 20, 2005 | JohnRobertson

[John Robertson]

Of course, it’s all just speculation. We really should wait for the hearings.

[quantim]

Our side remains fractious and resentful.

Look at the bright side, we'll weed out the McPain's and RINO's early on in the primaries just on this topic alone.

[saganite]

Speculation, yes. Unrealistic? No way! It could happen.

[proxy_user]

I think what the conservative intellectuals (of which I am one) would like, is for Bush to withdraw the nomination, and appoint another John Roberts instead.

The problem with this is that it would be hard to find an ideal candidate, who would be a woman, a skilled constitutional lawyer, and without a record that would cause the Dems to fillibuster.

But we are disappointed because Bush didn't even bother to look.

[G.Mason]

"How We Can Lose the Court Forever With Miers"

"Of course, it’s all just speculation. We really should wait for the hearings."

Very true, plus nothing lasts "forever".

For instance, the fact that the Republicans, having the "majority" for these many years, and being unable to actually believe it and act accordingly.

But hey ... some fish, and others cut bait.

[vikingd00d]

Your scenario has Stevens and Ginsberg replaced by liberals as far left as they are and two conservatives replaced by looney leftists... that's going to tilt the court with or without Miers.

Relax, the trend is your friend and the country is moving to the right.

[G.Mason]

"The problem with this is that it would be hard to find an ideal candidate, who would be a woman ..."

I find you considering yourself to be an intellectual rather amusing.

[ClearCase_guy]

1) Your "crucial case" in 2007 ... There are 9 people on the court. If Miers does an "O'connor-when-she's-bad" and votes the wrong way -- there's an implication here that she's the only player. There's also the implication that Miers had better vote "the right way" 100% of the time. If she ever (ever!) votes in disagreement with Scalia -- Well! There you have it! End of the world! I say get a grip.

2) Amid your endless chain of speculation, you left out the part where the giant asteroid slams into the Earth and ends all life. It could happen.

[rhombus]

Even if the Democrats don’t have a literal majority, they have an effective majority, with Specter, Snowe, etc.

Yes, that's the situation now even if your "side" proceeds with the "threat" to "sit it out". So no matter who was nominated, your end result could be the same. Oh that's right, I keep hearing "the Democrats wouldn't dare" to filibuster Janice Rogers Brown. This, I don't buy. Of course they will and as usual they wouldn't be held responsible. Still, I agree it would have been a much better show than watching Miers get treated like foolish old idiot by both "sides".

[Airborne1986]

Or ... Miers could be what she says she is - a strict constructionist (which Souter never claimed to be) ... continued success in Iraq and dropping oil/gas prices .... a Saddam trial detailing the crimes of that maniac ... an Al Qaeda HVT has a date with a Predator drone .... GOP retains Congress ... Hillary v. Kerry v. Gore v. Biden v. Lieberman bloodbath with Dean, Streisand, Clooney and Ma Sheehan providing the usual comic relief ... George Allen and/or Condi and/or McCain (disclaimer: not my guy) carry the red states ... life is good!

[Eagles Talon IV]

Could it happen? LOL, well, ANYTHING can happen including the exact opposite of what the original poster speculates. Meirs could turn out to be Scalia X10.

[Proud_texan]

I believe Miers would need to withdraw herself, Bush couldn't do it and still have any power.

The moment the hearings start it's a done deal, no republican would dare vote against her as doing so would embolden the rats from saying "sure I voted against so and so because they weren't (fill in the blank), heck, even his own party members voted against Miers" and voting against any nominee en masse.

Not that they might not anyway but without the cover of republicans voting against Miers I think they would lose the war.

[Rokke]

Here's some more speculation that is about as useful as yours... This year you will go in for an annual physical and be diagnosed with prostate cancer. The doctors will do their best to treat it, but their efforts will only result in great agony and pain for you, and your tumor will continue to grow. You will discover that your treatments were not covered by your health insurance and you will go into severe debt. You will die a very painful death and leave your family a mountain of unpaid medical bills.

Of course, it's all just speculation. But obviously it isn't that difficult to come up with a worthless doom and gloom vanity without expending much thought.

[wallcrawlr]

Or how about this:

"She gets on.

At the hearings, she is not all that impressive, but she is voted up.

Our side remains fractious and resentful.

Then she gets her first couple chances to vote. She votes similar to Thomas, Scalia and Roberts. We all forget why so many were upset.

[LS]

Umm, try this scenario. Miers gets confirmed, votes the way we expect her to. Ruth Buzzi Ginsberg also resigns, and the Dems, realizing they cannot stop any Bush nominee, are steamrolled as Luttig or Ted Olson is named to the court. A discouraged Stevens resigns and Janice Rogers Brown is named to the Court.

Meanwhile, (as I predicted, on the record, a month ago) the GOP gains a seat or two in the off-term elections, and holds the House.

Immigration increasingly becomes the #1 problem, and it becomes tied to judicial activism, esp. in AZ and CA, where judges overrule the will of the people. These judges are slapped down by the newly constructed USSC, but the outrage leads to a strong "secure borders" candidate in 2008. Hillary is crushed.

[monkapotamus]

[johnny7]

Look at the brightside... civil war.

[airborne]

Of course, it’s all just speculation.

That also accurately describes the MSM reports on a number of topics.

[i_dont_chat]

Will the war be televised?

[airborne]

I want some of what you're smokin'! ;^)