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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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Comment #81 Removed by Moderator

To: ejdrapes

I was embarrassed that Bush allowed his wife to be drawn into such a conversation. This is not the Clinton administration. Laura was used and it is a shame.


82 posted on 10/12/2005 4:53:03 AM PDT by cynicom
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To: RobFromGa
How do you know when to take Frum seriously?
83 posted on 10/12/2005 4:53:14 AM PDT by rodguy911 (Time to get rid of the UN and the ACLU and all Mosques in the US,UK.)
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To: RobFromGa; sauropod
The position once filled by Richard Darman.

Yes, that Richard Darman!

The good times just keep on rolling with with Miers, don't they?

84 posted on 10/12/2005 4:53:14 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: oblomov

"And conservative support will be missing the remainder of his second term".

Well I AM A CONSERVATIVE, and you DO NOT speak for me!!!

I will support this President, and I will continue to fight satan's minions in Congress.

You take a vacation if it makes you feel better. Millions of us are not so petty!

LLS


85 posted on 10/12/2005 4:53:34 AM PDT by LibLieSlayer (Preserve America... kill terrorists... destroy dims!)
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To: Ninian Dryhope

Some of your post seems hopelessly naive. Do you really think that the White House did not know Laura was going to be asked about the Miers nomination? Don't be silly.

The WH got exactly the exchange it was looking for.


86 posted on 10/12/2005 4:54:49 AM PDT by dmz
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To: Ninian Dryhope

What is dishonest is how you are trying to whitewash what Laura said.

She stepped in it bigtime.


87 posted on 10/12/2005 4:54:56 AM PDT by sauropod (Polite political action is about as useful as a miniskirt in a convent -- Claire Wolfe)
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To: Do not dub me shapka broham

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.

The fact is, if polls are to be believed, is that nearly 70% of Freepers approve of, or are undecided about the Miers nomination, and only 26.3% are opposed.

88 posted on 10/12/2005 4:55:19 AM PDT by elli1
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To: dmw
That's just great. Now explain to me how we get a true Conservative confirmed in this Senate.
89 posted on 10/12/2005 4:55:33 AM PDT by rodguy911 (Time to get rid of the UN and the ACLU and all Mosques in the US,UK.)
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To: LibLieSlayer
We may well be "petty" but we also know when we are being used.

A lockstep "party conservative ", in name only, would not mind being used, a true conservative has principles and lives by them.

90 posted on 10/12/2005 4:57:17 AM PDT by cynicom
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To: Miss Marple
Thanks Miss Marple. This is this sad truth. This is the group we are stuck with. This is a reality bump.
91 posted on 10/12/2005 4:57:27 AM PDT by rodguy911 (Time to get rid of the UN and the ACLU and all Mosques in the US,UK.)
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To: elli1
The disparity between the pro and con camps-within FR itself-is less than five percent.

You can rationalize this any way you choose, but there's no escaping the fact that less than 35% of FReepers support this abominable choice.

92 posted on 10/12/2005 4:59:01 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: rodguy911
Are you suggesting that Miers is not a true conservative? Truth is we don't know, I understand that. I think Bush should have put in someone who we all knew is a staunch conservative and then let the Senate duke it out. What's so bad about that?
93 posted on 10/12/2005 4:59:18 AM PDT by dmw
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To: Miss Marple
You have no proof that Miers was chosen simply because she was a woman, any more than you can prove that John Roberts was chosen because he is a Catholic.

Oh really? I was born at night but it wasn't LAST night.

Remember Laura coming out and stating she strongly preferred the next nominee to be a woman?

As PC as this Administration is, it is a good bet that that was precisely the calculus used.

94 posted on 10/12/2005 4:59:59 AM PDT by sauropod (Polite political action is about as useful as a miniskirt in a convent -- Claire Wolfe)
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To: Ninian Dryhope
"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."

No, it can only damage the coalition of the perpetually offended on the far right, and that can only be good.

95 posted on 10/12/2005 5:00:20 AM PDT by alnick
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To: dmw
Try a little CIVILITY when debating with fellow CONSERVATIVES, and you just may find CIVILITY is a two-way street.

Just glance at the NAMES being used to describe those of us that support the President!

LLS
96 posted on 10/12/2005 5:00:29 AM PDT by LibLieSlayer (Preserve America... kill terrorists... destroy dims!)
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To: ejdrapes
It is simply a falsehood that a "pro-choice" woman cannot be a conservative and/or cannot support a pro-life candidate.

My wife has voted, many times, for pro-life candidates and usually bases her assessment of the person on the person's overall trustworthiness and positions, not a SINGLE ISSUE. In that case, I fully think that Laura Bush, regardless of her personal preferences (and we don't know why she said she didn't think Roe should be overturned---perhaps she just thinks it's poor anti-abortion strategy, and that it's more effective to do other things), would support a friend and reliable person all the way. It is rumored she strongly supported Roberts, who, by all accounts, is strongly pro-life.

2) The FundandFrum duo is really attacking on this. Frum, I can understand, because I suspect he was let go at the White House under less than wonderful terms---and if you read his book, you can sense he isn't altogether comfortable with the evangelical tone in the White House. Fund, I don't know: I have seen him on Fox, and never took him to be a solid conservative---more of a Mort Kondracke type.

97 posted on 10/12/2005 5:00:40 AM PDT by LS (CNN is the Amtrak of news)
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To: Do not dub me shapka broham
Here's another article which helps explain the thinking of Frum and Bil Kristol...
'He Doesn't Know He's A Squirrel; He Thinks He's A Dog'
  Posted by Jet Jaguar
On News/Activism 10/12/2005 7:38:47 AM EDT · 8 replies · 148+ views



98 posted on 10/12/2005 5:01:22 AM PDT by RobFromGa (Afghanistan, Iraq, Iran-- what are we waiting for?)
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To: LibLieSlayer

Did I say I spoke for you? Perhaps you're not familiar with the concept of a forum.

Please feel free to pay my share of the Katrina boondoggle, Medicare drug plan, highway bill, NCLB, and other GOP socialism. I know, the RINOs made them do it, the Dems made them do it, sexist right-wing baddies made them do it...


99 posted on 10/12/2005 5:04:16 AM PDT by oblomov
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To: rodguy911
How will any true conservative get through the pack of rats in the Senate let alone the rino contingent.

McCain and his Merry Gang virtually guaranteed it won't happen. Re McCain's motivation, many things might be said. He's a grandstander, he'd like to get back at Bush for real and imagined offenses. "What's good for McCain is good for . . . oh, who the hell cares who else it's good for?" Any of them sufficient motivation for him to form the Gang of 14.

As I recall, though, most if not all on FR were upset because we wanted the judicial filibuster broken before a USSC pick came up, and Rehnquist was clearly not going to last long.

Could part of McCain's calculation have been that he actually wanted to sabotage any chance of putting someone on the USSC who would vote to overturn McCain-Feingold? I don't know that McCain has ever commented on his taste in judges, but anyone with even a rudimentary brain and even passing acquaintance with the Constitution would know that McCain-Feingold would be toast with a strict constructionist court.

100 posted on 10/12/2005 5:04:23 AM PDT by maryz
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