George Will: the Old Maid in the Popcorn Bag

Those of us who support the nomination of Harriet Miers (even reluctantly) were warned repeatedly that we would be devastated, blown away, and inundated by the Noahide deluge of Hurricane Gamma, George Will's unanswerable final whirlwind of rhetorical devastation of Harriet Miers. Instead, all we got was a spritz of seltzer down our pants.

Will's meticulous retailing of yawn-inducing epithets ("perfect perversity," "discredits," "degrades," "justifications," "deficit of constitutional understanding," "gross misunderstanding of conservatism," and "persons masquerading as its defenders" -- all from the first paragraph!); his hand-waving dismissal of counterargument (his entire final paragraph -- see below); the by now comical snobbery ("crude people"), looking down a sharpened beak at the ants crawling about his Ozymandian feet; all this does surely leave me breathless... but with an amazed sense of loss, not cowed submission.

Lately, Christopher Hitchens has turned into the most articulate defender of the global war on terrorism in the administration. Well actually, outside the administration; but he may as well be a presidential spokesman. Hitchens' denunciations of the Left's politics of bending over coupled with their moist invective of personal destruction -- which now takes the place of any attempt at rational debate of the war, its history, purpose, and effect -- has made him, much to his discomfort, the Cassandra of the death of Socialism as a serious force in world affairs: he sees where his beloved Left is headed and what is going to happen, but he cannot get them to beware of Moslems bearing rifts. No more eloquent spokesman for the conservative virtues of liberal western democracy now exists than Chris Hitchens, which must drive the poor man mad.

Did space aliens sneak down and switch the souls of the two polemicists, Will and Hitchens?

I rummaged through George Will's column looking for the big pop; instead, I'm holding just an old maid in my hand: the kernal is barely cracked, just enough to release its meagre store of steam, not enough to burst open and rattle the pot with its noise. The cherry bomb that fizzled. One of my mother's sneezes, where she gasps for air, teary eyes as wide as millstones; she flaps her arms and turns fire-engine red -- then nothing more than the squeak of a deferential churchmouse.

"Such is the perfect perversity of the nomination of Harriet Miers, it discredits, and even degrades, all who toil at justifying it.... Other arguments betray a gross misunderstanding of conservatism on the part of persons masquerading as its defenders.

Miers' advocates, sensing the poverty of other possibilities, began by cynically calling her critics sexist snobs who disdain women with less than Ivy League degrees."

Practically the first words out of Will's pen betray the very quality of discrimination that has served him so admirably for so long... until now, in his dotage. Which "Miers' advocates" would those be? Anyone in particular? In this case, a careful study of the record reveals that these advocates consist of Ed Gillespie -- assuming one is willing to look at a cap gun and call it a Howitzer. Will bravely shoulders that duty: so Gillespie said (according to Will) not only that "her critics" (all of them?) were "sexist" but that they were "snobs" as well.

Did Gillespie say "snobs?" Did anyone? I'm certain someone must have... and in the new world of Will's rhetorical cannonade, that is enough; what was said by one was said by all.

No longer can Will discriminate between one charge (sexism) and another (snobbery), or even between one man and another. Would collectivism be one of those new understandings of conservatism of which Will rises in defense? Alas, in George Will's case, this may not represent degeneracy: a man who calls himself a "Tory" can hardly claim the mantle of Ronald Reagan, or any other American conservative, can he? He rises and falls with the collectivist nature of Europeanism, where even parties on the right see people only as ordinals, never cardinals.

The sharpest piece of recent political dissection I have read is William F. Buckley, jr.'s "In Search of Anti-Semitism," the lengthy essay that underpinned the all-antisemitism issue of the National Review. In the essay, Buckley managed to disciminate between Joe Sobran, whose anti-Zionism, Buckley concluded, had metastasized into full-bore antisemitism -- and Patrick J. Buchanan, who Buckley absolved of that sin (at that time; revisiting, he might come to a different conclusion today). That is, Bill Buckley treated the two as individuals, not as representatives of some class of people.

The latter precisely describes Will's entire sloppy column; it is "Crown Heights" reasoning, named after the infamous New York pogrom: when a car in the motorcade of Rabbi Menachem Schneerson ran a red light in Crown Heights, New York City, striking and killing a seven year old black child named Gavin Cato, a mob of black residents, vowing retaliation, went and found the nearest Jews they could and assaulted them. Two men were murdered: Yankel Rosenbaum, for being Jewish -- and Anthony Graziosi, for looking Jewish. It mattered not to the rioters who actually drove the car or whether the collision was intentional; one Jew (or bearded man in black) was the same as any other, and intentions are always irrelevant in tribalist warfare.

Thus, if Ed Gillespie says something that can be interpreted as tarring all critics, including conservative ones, with the brush of sexism or elitism, it is right and proper to today's George F. Will to lash out in retaliation against all "advocates" of Miss Miers' nomination (that is, advocates of waiting to hear what the woman has to say in the hearings). We are all "degrade[d]," we are all guilty of Gillespie's sin, all including Hugh Hewitt and Bill Dyer and Dafydd ab Hugh -- regardless whether Gillespie even meant what Will inferred; intentions are irrelevant to Will.

(But not to Amy Ridenour. Displaying a willingness to listen that eludes Prince George, she writes:

"(I just received a gracious phone call -- especially considering what I have been writing -- from Ed Gillespie. He made a compelling case that he was not referring to conservatives when he referred to some critics of the Harriet Miers nomination with the terms "sexism" and "elitism," but to others who said things that, when he described them, did sound rather sexist and elitist.... I believe him when he says he didn't means us with those words.)"

Worse, Will's simplistic denunciation does not even understand the charge -- of which he, more than anyone, is truly guilty. The "elitism" or "snobbery" charge is not that the Rebel Alliance looks down upon Miers because she graduated from Southern Methodist University; the charge is that her critics insist that only a person who is a particular kind of professional legal intellectual qualifies for the Supreme Court. Those who make that argument are fond of analogizing the Court to brain surgery; Charles Krauthammer (another snob) japed on Brit Hume Friday, if you needed brain surgery, would you go to a podiatrist? But the Court was never intended to be the supreme legal university; if judicial conservatives are to be believed, the primary purpose of the Supreme Court is to adjudicate disputes, not churn out postdoctoral dissertations on arcane and occult points of constitutional doctrine.

But I must not spend forever on a couple of sentences (though I could). Here is Will's refined elucidation of Miers advocates as know-nothings:

"In their unseemly eagerness to assure Miers' conservative detractors that she will reach the ``right'' results, her advocates betray complete incomprehension of this: Thoughtful conservatives' highest aim is not to achieve this or that particular outcome concerning this or that controversy. Rather, their aim for the Supreme Court is to replace semi-legislative reasoning with genuine constitutional reasoning about the Constitution's meaning as derived from close consideration of its text and structure. Such conservatives understand that how you get to a result is as important as the result. Indeed, in an important sense, the path the Supreme Court takes to the result often is the result."

By contrast, Miers' advocates (all of them) must understand none of this; I'm sure Will's clarification comes as an eye-opener to Hugh Hewitt, for example. In an earlier piece, Will was more explicit:

"[President Bush] has neither the inclination nor the ability to make sophisticated judgments about competing approaches to construing the Constitution. Few presidents acquire such abilities in the course of their prepresidential careers, and this president, particularly, is not disposed to such reflections."

Of course a judge must understand the Constitution; but caselaw (common law) is equally important, including an understanding of contracts, torts, legislation (state and federal), and every other area of the law besides con-law that might pop up in a legal dispute. Nobody is an expert in all; every justice must rely on the writings of specialists (often previous judges that they quote at length... at great length).

But equally, every justice must look within himself to decide where he lands when the experts disagree -- which inevitably is always. Judicial philosophy is indeed important, as judicial conservatives and liberals alike argue; and contrary to Will's later snoot-cocking, I do not consider it "inappropriate" for senators to inquire into the nominee's opinions on past cases to determine her judicial thinking. But the "brain-surgery" analogy is infantile; it paints judging as merely a narrow technical skill, rather than a balancing act of competing verities that collide in the instance of a single set of facts.

Reducing the Court to a gaggle of lecturing professors is not only offensive, it's a blunder. Intellectuals, especially truly clever ones, can talk themselves into anything. There is good reason why so many of the brightest lights of the twentieth century talked themselves into joining the Party -- but Ronald Reagan never did. Room must be made on the Court for a person grounded in sanity and the real world, rather than airy theory and lugubrious rhetoric.

Harriet Miers may very well not be that person; I do not know her -- that is the best argument for the Rebel Alliance, that nobody really knows her but George W. Bush. But Will could drip the same sneer with equal indiscrimination onto anybody who fit the Ronald Reagan profile, not simply Miss Miers: if you are not an effete, egocentric, snide, condescending, etherial, arrogant, elite intellectual -- preferably, one who sports the ridiculous affectation of a bow tie -- then you need not apply for the position, in Will's determination.

His argument is sloppy, ugly, and self-important. But can we really expect more from a man who accepted the twin lures of lucre and the chance to strut and fret on a weekly basis in order to stay on at This Week? Will remained long after all the real journalists had left, throwing in his lot with the limp-brained, talentless, preening, no-count, wriggling, pencil-necked, geeky political hack George Snuffleupagus to carry the torch of David Brinkley forward into the twenty-first century.

This is Will's brave, new world, the tiny pond in which he chooses to shimmer. He holds court in Chevy Chase (not quite in but definitely of the Beltway) -- in the pages of the Washington Post -- on the set at ABC treating a former Clinton campaign operative as his journalistic equal (he is probably right) -- looking down his bespectacled nose at the lower classes, such as evangelical Christians (the "crude people" who resort to the "incense defense" of Harriet Miers) -- and whose favorite political figures are all from Europe... yet he has the chutzpah to pontificate to the rest of us about the nature of conservatism. Will, who never attended law school, lectures us on the duties of those who would interpret the law. He is not a minister, but he incessantly enunciates the Gospel of St. George, in which the only mortal sin is to be "unseemly."

I am astonished that Will did not openly campaign for John Kerry, they are so much alike. Perhaps Will was put off by Kerry's overemphasis on athletics: except for baseball, which Will sees as "contemplative," a form of meditation, perhaps, he seems uncomfortable with exhibitions of manhood.

In the end -- the last paragraph -- Will anticipates that some conservatives (or in my case, anti-liberals) may have the bumptious presumption to disagree with his assessment. He prepares for that eventuality with the classically liberal best defense: the cerebral threat.

"As for Republicans, any who vote for Miers will thereafter be ineligible to argue that it is important to elect Republicans because they are conscientious conservers of the judicial branch's invaluable dignity [almost as good as seemliness]. Finally, any Republican senator who supinely acquiesces in President Bush's reckless abuse of presidential discretion -- or who does not recognize the Miers nomination as such -- can never be considered presidential material."

This column is a sad chapter in the long twilight denouement of George Will's career. I doubt the Rebel Alliance can see its errors; they have long since dropped into a form of tribalism themselves, in which any anti-Miers remark is embraced as a sacrament, even if it comes from Arlen Specter or Patrick Leahy (the new arbiters of conservative judicial competence). Doubtless, the Alliance will seize upon the Will piece to wave as they lurch through the streets, sharpened writing quills in hand, looking for some "Miers advocates" to stab (any will do). See how easy collectivist caracature can be?

Seen this yet? Sounds about right. "Ignore the man behind the curtain."

http://www.americanthinker.com/comments.php?comments_id=3462

Word on the Hill is that the latest internal polls show that that inside the Beltway conservative pundits seem to speak only for and to themselves. After a barrage of opposition against Miers from them, the polls show only 7 percent of the members of the GOP who identify themselves as conservative oppose her nomination. Among all GOP members only 9 percent oppose her.

Most of those polled are willing to give the President’s choice the benefit of the doubt until they see how she handles questions at her hearing and express annoyance that the judges have made constitutional law an arcane art. They believe that the Consitution is not an incomprehensible document but rather a simple one, noting that those who felt otherwise were reading into it things they couldn’t—like a prohibition against prayer in the school and a requirement that the state sanction same sex marriage. Clarice Feldman 10 23 05

So basically, you're saying that you'd rather call the plurality on FR that opposes the Miers nomination "shut-ins" than come up with a positive, substantive reason why such a total blank slate deserves to sit on the highest court in the land?

Well, okay. Your position (whatever that might be) is noted. :)

-Dan

Should the Senate reject Miers, President Bush will send up another nominee. What is it, exactly, that you are going to rub my nose in?

Your answers to the anti-Meirs people.

Ooh! So now questioning the President (whom most of us here worked our asses off to re-elect) makes us the equivalent of Saddam Hussein. Let's see, we're liars, we're traitors, we're Bush Haters, we're Democrats.... yep, we certainly do seem to be running the gamut over here on the anti-Miers front.

Hey Victoria, are we Nazis yet? :)

-Dan

"When I started the thread, the only keywords I entered were: BOWTIEDPOPINJAY; GEORGEFWILL; HARRIETTMIERS. Did I violate a rule?"

Evidently so, Checky, based upon the keywords now left.

Mr. Robinson, I appreciate your prompt response, which was helpful. And I certainly understand 'spamming,' and what constitutes vulgarity, generally, but I'm curious: what constitutes 'spamming' as far as keyword abuse is concerned? Of course, it's your baby, so I'm just askin', but is this keywording restriction basically just intended to limit keywords to encyclopedic style subject and pinglist lookups? 'Cause that'd be a clear enough rule to work with in my book...even though I'd still personally prefer a keyword free-for-all as long as the keywords are not actually vulgar or otherwise on the short list of ways to get a post deleted.

But like I said, FR=JimRob's baby, not mine. I try to play by the rules. I just want to make sure I don't cross `em if they're out there.

Don't even bother giving the qualifications to them. No qualifications would be good enough, and even if they were, they would be totally ignored by this anti-Miers herd.

Ask them to produce one sample of Miss Miers' writing, giving the date it was written, and their objections to it; and suddenly, you get empty space.

I have seen good reasons for Miss Miers' confirmation throughout the Free Republic. However, all of the good thinking is totally ignored. The mindless bashing continues without stop. This adolescent herd mentality goes on in lock step.

One last thought: If you want to be a conservative, you need to be able to think outside of the box. So far, a large crowd of them has failed that test.

Ronald Reagan was not in contention for a life long appointment as is Miers and after changing parties he had a clear Conservative as well as Republican track record. Miers does not.

All the other known nominess had either judicial or consitutuional experience or both. Miers does not.

Of all the known nominess, she was the LEAST qualified.

----Don't even bother giving the qualifications to them.----

That's right, don't. No need to talk about qualifications; no need to refute any concerns. Miers is obviously a superb choice, right? I mean, we just need to trust Bush. And anyone who dares to wonder aloud how a empty dotted outline in the realm of constitutional theory can be an immediately acceptable SCOTUS pick must be an extremist fringe wacko like George F. Will, right?

"You don't need to see his identification!"

-Dan

Dafydd sure can write, can't he? Very entertaining. But his concrete defence of Ms Miers seems to be - "mediocre people deserve representation too," and "President Bush says 'Trust me,' and that's good enough for me."

I enjoyed Will's work more some twenty, maybe thirty years ago. He's not a must-read anymore. I don't know which of us is getting stale (grin).

All things said, I believe the Miers selection was a grave error, coming as it did in the wake of a number of other pathetic, cronyistic or nepotistic appointments (Kerik, Brown, Myers-with-a-Y).

I will wish her well and hope that she can change a lot of minds at the hearings. I think she has a better than 50-50 chance of being confirmed. One thing that has been done that should redound to her benefit, is that expectations have been set mighty low. I hope she uses the hearings to be herself -- and let us see what that, 'herself," is.

After all, we've got nothing much to go on right now.

d.o.l.

Criminal Number 18F

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