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FRUM: A SINKING NOMINATION
NRO ^ | October 11, 2005 | David Frum

Posted on 10/12/2005 3:30:33 AM PDT by ejdrapes

OCT. 11, 2005: A SINKING NOMINATION

There has not been a moment since October 3 when I have not felt sick and sad about this Miers battle, but today may have been the worst day yet. This morning, the president mobilized Laura Bush to join him on national television and accuse critics of the Miers nomination of "sexism." Reading the transcript of the interview, you can feel this kind and gracious woman's disinclination to speak an untruth. "It's possible," she says. "I think it's possible."

What a terrible and false position to put the first lady in! And what a sign that the White House has finally understood that it has lost the argument over this nomination.

By asking the first lady to defend the nomination, the White House is implicitly admitting that the president's word alone has failed to carry the day: That, in other words, when he said, "Trust me," conservatives said "No." The first lady's appearance was a dangerous confession of personal and political weakness by the president - one that will be noticed and exploited by the president's Democratic opponents.

Even more ominously, the Today show interview announces a new strategy of trying to win the Miers nomination by waging war on the president's core supporters. In the first week of the battle, the White House sent out James Dobson to woo evangelical conservatives. That didn't work out too well. So now the White House has switched strategies. It has turned its back on conservative evangelicals and is instead using Laura Bush to woo suburban moderates. But remember: Laura Bush is on record as a supporter - not just of abortion rights - but of the Roe v. Wade decision. Interviewed on the Today program in January 2001, Mrs. Bush was asked point blank about the case. Her answer: "No, I don't think it should be overturned." Is it credible that Mrs. Bush would be endorsing Harriet Miers if the first lady thought that Miers would really do what James Dobson thinks she'll do?

It is madness for a 37% president to declare war on his strongest supporters, but that is exactly the strategy that this unwise nomination has forced upon President Bush. And every day that passes, he will get angrier, the attacks will get fiercer - and his political position will weaken.

That is why it is wrong and dangerous for Republicans to say, "Let's wait for the hearings." Even if the hearings start in the next couple of weeks, as the White House now says it wishes, the Miers matter will extend itself at least into November. That's a month and more of the president's team accusing the president's supporters of sexism, elitism, and who knows what else; a month of rising tension between this president and the conservatives who elected him; a month in which the president's poll numbers will drop even further. The longer it continues, the costlier this battle will prove for the president. And if forced to its ultimate conclusion, the odds are rising that this is a battle that will end in ultimate defeat for Miers and for Bush.

Under these circumstancs, the least bad solution is for the president to withdraw this nomination now, before he does himself further and growing harm.

Many readers have asked what they can do to help achieve a good resolution of this crisis.

Here are a few suggestions.

First, please send an email to Rush Limbaugh and Laura Ingraham thanking them for their brave stance against this nomination. These two broadcasters have been tireless and fearless on this story - but they are under intense and increasing pressure, and it makes a huge difference to them to know that their work is heard and supported. (And let me add: It has made a huge difference to me as well.)

Next, communicate with the Republican Senators on the Judiciary committee. Lindsey Graham has already committed himself to the nominee, but the others have not - and Brownback in particular seems to be leaning negative. It will again make a huge difference to these senators to know that conservatives across America will support them if they stand up to White House pleasure.

Finally, some friends and I have drafted a petition to the president that we will shortly be putting on a webpage for all who wish to sign. Here's the draft text:

"WE ARE REPUBLICANS AND CONSERVATIVES who supported the election of George W. Bush in 2000 and 2004. Today, we respectfully urge that the nomination of Harriet Miers to the United States Supreme Court be withdrawn.

"The next justice of the Supreme Court should be a person of clear, consistent, and unashamed conservative philosophy.

"The next justice should be seen by all as an independent custodian of the constitution, untainted by any hint of secret pledges or political obligations.

"The next justice should be a person of the highest standard of intellectual and juridical excellence.

"For all Harriet Miers' many fine qualities and genuine achievements, we the undersigned believe that she is not that person. An attempt to push her nomination through the Senate will only split the Republican party, damage the Bush presidency, and cast doubts upon the Court itself.

"Sometimes Americans elect Republican presidents, sometimes we elect Democratic presidents. Whatever the differences between the parties, surely we can at least agree on this: Each party owes America its best. President Bush has a wide range of truly outstanding conservative jurists from which to choose. We believe that on second thought he can do better - for the Supreme Court, for conservatism, for America."

Comments on this draft text are welcome, but PLEASE do not yet send signatures. When the site is ready to take and forward your message to the White House, I'll post a note and link here at NRO. Don't worry, we'll act fast.


TOPICS: News/Current Events
KEYWORDS: miers; scotus
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1 posted on 10/12/2005 3:30:33 AM PDT by ejdrapes
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To: Betaille; flashbunny; Map Kernow; dangus; dead; MississippiMan; indianrightwinger; ...

ping


2 posted on 10/12/2005 3:33:16 AM 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: ejdrapes
My name will be affixed to that online petition-when it's finally completed-rest assured!
3 posted on 10/12/2005 3:37:48 AM 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: ejdrapes
"By asking the first lady to defend the nomination"

What a crock! The White House did not ask the First Lady to defend the nomination. Matt Laurer asked Laura what she thought and Laura agreed that it was POSSIBLE, Guess what? It is possible. Is Frum trying to say that it is impossible that some of the opposition is due to sexism?

Like the President said yesterday, Miers will be confirmed.
4 posted on 10/12/2005 3:39:02 AM PDT by Ninian Dryhope
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To: Ninian Dryhope
It's not "impossible" per se, but it's very, very implausible.
5 posted on 10/12/2005 3:40:26 AM 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: ejdrapes
Under these circumstancs, the least bad solution is for the president to withdraw this nomination now, before he does himself further and growing harm.

I'm really tired of hearing this. If there's one thing everyone should've learned about Bush by now, it's that he NEVER withdraws. In fact, pestering about withdrawals might just make him more adamant in refusing to do so. This is one of his strengths; it's refreshing to have a President who will actually stick to something he does.

The only way Miers' nomination will be withdrawn is if Miers herself does it. Bush won't.
6 posted on 10/12/2005 3:41:02 AM PDT by Terpfen (Bush is playing chess. Remember that, and stop playing checkers.)
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To: Do not dub me shapka broham

If this nomination is so dead, why bother sign a petition?

Truth is, Miers will be on the USSC in January or earlier.

Those who are "sinking" are Miers' opponents.


7 posted on 10/12/2005 3:42:36 AM PDT by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
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To: Terpfen
Then we can only hope she's reading David Frum.
8 posted on 10/12/2005 3:43:06 AM 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: ejdrapes

Poor widdle Frum, he's stomping his feet again


9 posted on 10/12/2005 3:43:22 AM PDT by MJY1288 (Whenever a Liberal is Speaking on the Senate Floor, Al-Jazeera Breaks in and Covers it LIVE)
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To: AFPhys
We'll see about that.
10 posted on 10/12/2005 3:44:00 AM 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: Do not dub me shapka broham
Frum is way out of line with this article.

"It is madness for a 37% president to declare war on his strongest supporters" How Frum twists the truth.

The truth is, Frum and some conservatives have decided to declare war on our President.
11 posted on 10/12/2005 3:44:04 AM PDT by Ninian Dryhope
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To: MJY1288

What is with Frum....is this out of revenge for being fired?


12 posted on 10/12/2005 3:45:11 AM PDT by mystery-ak (Stop Freepathons...become a monthly donor)
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To: ejdrapes
Interesting.

Frum feels "sick and sad" about the First Lady being placed in "this terrible and false position", when Mr. Frum is part and parcel of those that are tossing the firebrands.


Sick, sad and sardonic is more like it.



On to the hearings ...

"Judicial Nominations "
Senate Judiciary Committee
Full Committee
DATE: October 18, 2005
TIME: 02:30 PM
ROOM: 226 Dirksen



13 posted on 10/12/2005 3:45:48 AM PDT by G.Mason
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To: Do not dub me shapka broham
I am not persuaded by Mr. Frum's arguments that Ms.Miers should withdraw. What he is saying is that if we wait for the hearings, Frum and others will have to endure a month of criticism.

Well, too bad. He opened this can of worms. Laura Bush did not attack anyone. She said, when asked pointedly by Lauer if some of the criticism could have been sexist, that it "was possible." Well, it IS possible, and if she or her staff read the threads here on FR the answer would have been "probable."

Many people have valid doubts about Harriet Miers. That is fine. Some of the attacks on her have been derogatory and personal, and that is not acceptable.

No one in the White House has criticized any of the critical pundits by name. No one is going after them personally or professionally. No one is requesting their tax returns or leaning on their employers.

Mr. Frum should quit whining. He wanted to open this debate, and now wants to close it before he is burned by public criticism. What a wuss.

14 posted on 10/12/2005 3:46:22 AM PDT by Miss Marple (Lord, please look after Mozart Lover's son and keep him strong.)
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To: ejdrapes
"An attempt to push her nomination through the Senate will only split the Republican party, damage the Bush presidency, and cast doubts upon the Court itself."

Right. And being forced to withdraw the nomination would help the Bush Presidency? Not having Miers confirmed would be a disaster for the GOP, which is why she will be confirmed. The reputations of those who so treacherously opposed this nomination are going to be permanently damaged.
15 posted on 10/12/2005 3:46:44 AM PDT by Ninian Dryhope
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To: Ninian Dryhope
Along with the 46% of conservatives who-if polls are to be believed-are opposing the Miers nomination, or so skeptical that they're withholding judgment, something that is unheard of in SCOTUS nominations, at least when those nominations are made by a party's sitting president.

Face facts.

This nominee has elicited more widespread opposition than any SC selection since Robert Bork.

16 posted on 10/12/2005 3:47:01 AM 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: Do not dub me shapka broham
The polls were not taken the day of the nomination; they were taken after Frum and his allies had been poisoning the atmosphere for a week.

It wasn't the President who went on TV and said he was sad, sick, disappointed, etc. It wasn't the President who said this nomination was a sign of weakness. It was the pundits who have been filling the papers and the airways with their coplaints for the last two weeks.

Having created a climate of unease, the pundits have affected the numbers.

17 posted on 10/12/2005 3:51:26 AM PDT by Miss Marple (Lord, please look after Mozart Lover's son and keep him strong.)
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To: Ninian Dryhope
Is Frum trying to say that it is impossible that some of the opposition is due to sexism?

"Some?"

How much? Most? Half? A bit? Less than 1%?

Damn little, since the short list of candidates preferred by conservatives is led by other women. The First Lady's accusation is a sad joke.

18 posted on 10/12/2005 3:52:03 AM PDT by Petronski (I love Cyborg!)
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To: Ninian Dryhope
Not having Miers confirmed would be a disaster for the GOP, which is why she will be confirmed.

You're right.

And if Miers is rejected by a GOP Senate that couldn't even muster a single vote against an avowed Communist like Ruth Bader Ginsburg, I can assure everyone here that I'll write in "Ronald McDonald" on ballots for the rest of my life before I ever vote for another Republican candidate.

19 posted on 10/12/2005 3:52:27 AM PDT by Alberta's Child (I ain't got a dime, but what I got is mine. I ain't rich, but Lord I'm free.)
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To: Ninian Dryhope

>Like the President said yesterday, Miers will be confirmed.


Then he'll "win". Hoo-ray! And conservative support will be missing the remainder of his second term.


20 posted on 10/12/2005 3:53:29 AM PDT by oblomov
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