[KDD]

dressed up for battle and the battle doesn't take place?

JRB has already passed Senate confirmation to the Federal District Court. Why do so many supporters of this Miers nomination neglect to mention that fact. It would have been interesting to see the hoops the democrats would have had to jump through to deny her appointment to the SC at this point. It was all set to go and Bush blew it. And naming Roberts CJ was a slap in the face to Scalia and Thomas...both or either of whom should have been moved into the first chair.

[GB]

They would have jumped through those hoops and absolutely would've filibustered her, and IMHO it would not have been broken. And I say that as someone who would turn cartwheels of joy to see Janice Brown on the SCOTUS.

Again, everyone is presupposing that this was a winnable fight simply because she was confirmed before. There isn't an automatic connection between the two.

The biggest problem here is the fact that we blew the one chance we had to invoke the constitutional option and fix this problem once and for all. We are paying for that. Thank you, Dr. Frist.

[syriacus]

JRB has already passed Senate confirmation to the Federal District Court. Why do so many supporters of this Miers nomination neglect to mention that fact.

Because Bush didn't nominate JRB.

[syriacus]

It would have been interesting to see the hoops the democrats would have had to jump through to deny her appointment to the SC at this point. It was all set to go and Bush blew it.

I was looking forward to a good fight, too. But that battle has been called off, and it is time to face a new day and get ready for a different fight, instead of vandalizing and pillaging our own towns.

Fighting yesterday's fight gets us nowhere. Anyone who has tangible objections to Miers should contact the White House or the Judiciary committee or their Senators, instead of making up stories about Miers and about Bush's reasons for chosing her.

Here is a breakdown of Frum's arguments to continue the rock throwing:

1. "Miers nomination was the most unpopular since Robert Bork's in 1987"
   (Is this a good reason for Bork-loving conservatives to attack Miers?)
2. "As conservatives digest their disappointment and betrayal, their approval of the President is likely to decline. "
   (Self-fulfilling prophecy----"Conservatives" like Frum attack Bush. Bush's numbers go down. Conservatives like Frum attack Bush for his declining numbers...etc)
3. "Her door was always open and the M&Ms were always available."
   (Now we know Harriet Miers shares candy like Ronald Reagan did---is that a bad thing?)
4. "Offending your supporters has real-world consequences."
   (I'm not offended at Bush. I'm offended at the folks throwing rocks at the "unknown entity" Harriet Miers, before her hearings)
5. "With one grave misjudgment, George W. Bush has shattered the coalition that brought and returned him to power in 2000 and 2004.
   "(Frum says practically anyone of any importance is aligned against Bush. So the coalition is still strong... it's just not strongly in favor of Bush, who isn't running for office again )

Frum's column is good for one thing, I have to admit....as a source for the names of the people aligned against Harriet Miers before she has her hearings.

While all this arguing is going on, it's a good time for conservatives to search their hearts to see if they really wanted "originalists" on the court or if they really wanted "conservatives" on the court.