Krauthammer: Retreat (on Miers' nomination to SCOTUS)

Townhall.com ^ | 10-7-05 | Charles Krauthammer

[cgk]

WASHINGTON -- 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.

[Graymatter]

People who are short of it describes about 95% of the US population.

You think 95% of the US population is short of merit?

[savedbygrace]

And I'm still laughing when I read it. Man!

[Taliesan]

I suppose you and I just don't agree that you need to have been a judge to be a good judge. And you have no more idea than anyone else what her philosophy is.

So oppose her because YOU can't get satisfied she would be a good judge; that's your right. But that is logically distinct from the argument that she won't be a good judge, which is an argument you cannot make with facts.

[teawithmisswilliams]

"Elitist" is the label pinned on people who insist on merit, by people who are short on it.

"Elitist" is the label I pin on people who have an arrogant disdain for what "ordinary" people want: like no homosexual "marriage" and a stop to illegal immigration, and overrule the voters, because, after all, "they know best."

[SalukiLawyer]

And we ask 12 people, in both cases, WHO HAVE NO SPECIAL TRAINING IN THE LAW, to decide justice.

You do understand that jurors are not required to (or allowed to) interpret law, but only to decide which facts should carry the day. Everything they need to know about the law is provided to them in the jury instructions, which they are bound to follow. Legal rulings are made by the judge (who is a lawyer, by the way) based on the authority and arguments presented to him by the parties in an adversary system. Since you do understand this, how do you feel the jury example strengthens your argument?

[Iwo Jima]

By then it's too late. What would be your solution if Miers were to prove herself unacceptable to people like yourself who currently support her??

You are exactly right. The "wait and see" approach is like going to trial without ever taking the deposition of the pivotal witness, saying that you'll just hear what they have to say at trial. By then, it's too late. The damage has been done.

If Ms. Miers bombs out at the hearing, will she withdraw? Will President Bush withdraw her nomination? Will the Republicans vote against her? The Democrats? Or will the Democrats and a coalition of liberal Republicans and kool aid drinkers vote for her? Any of those outcomes would be a disaster.

And, as you also point out, one that could have easily been avoided. A self-inflicted wound.

[kevao]

And second, she is acceptable to the members of the Gang of 14.

But I thought the Gang of 14 would be opposed to extremist, or "outside-the-mainstream" candidates. That is just code for "pro-life."

I seriously doubt the RINO senators would ever have the stones to go nuclear. Really. Why, it would upset the "comity" in the Senate.

[borkrules]

Have you ever disagreed publically, on this forum, with a decision by George W. Bush?

I mean that question seriously. I don't know the answer and I'm not trying to score rhetorical points in posing the question.

It just seems to me that every time I poke my head into this forum, I find you throwing haymakers and sticking shivs in the back (sometimes deservedly!) of those critical of the President.

Maybe I'm missing something (I don't get in here as much as I once did) but I never see you as passionate as when you are defending Bush against all comers, on any issue.

[Patti_ORiley]

You focus too narrowly and seem to misunderstand your own implications. By mentioning Thomas, you imply that criticism of Miers is unwarranted because similar criticism of Thomas proved to be unwarranted. As for the list -- it is in and of itself is irrelevant, the issue is that she is supported by democrats.

[Howlin]

You are incapable of answering a direct question.

Useless.

[Miss Marple]

And when did Cheney heap praise upon him, hmmm?

Frankly, it is immaterial to me whether Cheney praised him or not. I have specific objections to this article and his commentary over the past month. I am not even going into his accusations of anti-semitism in "The Passion of Christ", which I chalked up to hypersensitivity because of his faith.

I know what I heard him say on Fox in the first couple of days after New Orleans flooded. He had made no effort to determine if the President was actually slow to respond or not. He didn't bother to talk about Blanco's responsibility. He referred to it as a "PR disaster."

Well, for someone supposedly so thoughtful, he seemed to conveniently leave out much of the truth of the situation. And he made no effort to defend the administration. None.

And the results of that commentary, and others, caused the effects that I listed here.

Punditry is fine, but pundits do not have all of the information on how Senators will vote, what Harriet Miers is really like, and other considerations which a President must take into account when making a nomination.

I am quite capable of making up my mind without the opinions of columnists in the Washington Post. I got along without them before the internet made their readings available, and I will now.

[stop_fascism]

You understand me perfectly. I don't agree with Shakespeare, "first kill all the lawyers." Exiling them to Antarctica or outer space should be sufficient.

[Earthdweller]

"You think 95% of the US population is short of merit?"

I don't see the word merit mentioned anywhere in the definitions of elite or elitism.

elit·ism

1 : leadership or rule by an elite

2 : the selectivity of the elite; especially : SNOBBERY 1

3 : consciousness of being or belonging to an elite

elite

Etymology: French élite, from Old French eslite, from feminine of eslit, past participle of eslire to choose, from Latin eligere

1 a singular or plural in construction : the choice part : CREAM b singular or plural in construction : the best of a class

c singular or plural in construction : the socially superior part of society d : a group of persons who by virtue of position or education exercise much power or influence e : a member of such an elite -- usually used in plural

[Howlin]

Have you ever disagreed publically, on this forum, with a decision by George W. Bush?

Yep.

but I never see you as passionate as when you are defending Bush against all comers, on any issue.

Sue me.

[safisoft]

But with your tunnel vision and continued attacks on a sitting REPUBLICAN president, you're alienating a hell of a lot of votes for 2006 and 2008.

Howlin, you crack me up. If there is any alienating going on, it is people like you who continue to think that principled conservatives are people that you have a right to take pot shots at because they don't goose-step with you.

[SalukiLawyer]

You understand me perfectly. I don't agree with Shakespeare, "first kill all the lawyers." Exiling them to Antarctica or outer space should be sufficient.

Okay, sorry for bothering you. I thought you were a serious poster.

[jwalsh07]

Your postings seem to suggest that you believe just about anyone, given the ability to read and write the English language is qualified to engage in forging Constitutional law for our Republic. Specialists such as "lawyers" only obscure the clear language of a short document. Is this what you mean to say?

I don't know what he means but I'll be a bit more blunt. The forging of Constitutional Law by the best and brightest since 1939 has left us with Constitutional law resembling the innards of a deer spread on the ground awaiting burial.

[Poser]

I love you Charles, but at the same time I trust GWB. I may be proven wrong, but I doubt it.

[Howlin]

Is it any funnier than those of you who actually believe you have the market cornered on principles to the exclusion of all others?

[jwalsh07]

Maybe I'm missing something

You're definitely missing the fact that Bork doesn't see the RTKABA as an indivdual right while Miss Miers does.