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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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To: PhilipFreneau
My question is, what is so special about Meirs that has caused the president, first lady, and his other cronies to throw slurs at his conservative base, when their support for the previous (conservative) nominees to the bench was weak, at best?

Nothing is special about her. The difference between then and now is that Frist and the Senate GOP have proven themselves to be unable to pass Bush's nominees, or even debate from any position of strength, so Bush has to do their job for them.
321 posted on 10/12/2005 9:48:49 AM PDT by Terpfen (Bush is playing chess. Remember that, and stop playing checkers.)
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To: sauropod

thanks! :)


322 posted on 10/12/2005 9:50:39 AM PDT by countrydummy
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To: ejdrapes
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.

What a mess.

323 posted on 10/12/2005 9:52:53 AM PDT by Black Tooth (The more people I meet, the more I like my dog.)
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To: PhilipFreneau
For the record, Joseph Story wrote in his Commentaries on the Constitution:

"...in measures exclusively of a political, legislative, or executive character, it is plain, that as the supreme authority, as to these questions, belongs to the legislative and executive departments, they cannot be re-examined elsewhere. Thus, congress having the power to declare war, to levy taxes, to appropriate money, to regulate intercourse and commerce with foreign nations, their mode of executing these powers can never become the subject of reexamination in any other tribunal."

"...our law is justly deemed certain, and founded in permanent principles, and not dependent upon the caprice, or will of particular judges. A more alarming doctrine could not be promulgated by any American court, than that it was at liberty to disregard all former rules and decisions, and to decide for itself, without reference to the settled course of antecedent principles."

But Story also wrote:

"And if the judicial department alone should attempt any usurpation, congress, in its legislative capacity, has full power to abrogate the injurious effects of such a decision. Practically speaking, therefore, there can be very little danger of any such usurpation or deliberate breach."

Little did Story know that the 17th Amendment would come along and strip the power over the Senate from the state legislatures, leading to all power being consolidated in Washington, and, eventually, in the Supreme Court. The situation we have now in the federal government is exactly what George Washington warned us against in his Farewell Address, as follows:

"It is important, likewise, that the habits of thinking in a free Country should inspire caution in those entrusted with its Administration, to confine themselves within their respective Constitutional Spheres; avoiding in the exercise of the Powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create whatever the form of government, a real despotism."

And a real despositm is what we have, folks.

324 posted on 10/12/2005 9:54:05 AM PDT by PhilipFreneau ("Resist the devil, and he will flee from you." -- James 4:7)
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To: Do not dub me shapka broham

We wield it in the 06 and 08 elections when 2/3rds of the senate will be elected..(or relected...). We have no leverage on Bush since he is alame duck, but I wouldn't give Jeb a chance in heck of ever going for the WH if George blows this one.


325 posted on 10/12/2005 9:59:05 AM PDT by Les_Miserables
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Comment #326 Removed by Moderator

To: Les_Miserables
As much as I like the job Jeb Bush has done in Florida, I would sooner vote for the perennial whackjob presidential candidate nominated by the CP or LP than him.

If he reneges on his promise not to run for the presidency-which I sincerely hope he does not-it will be a disaster for the entire Republican Party.

327 posted on 10/12/2005 10:04:13 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: beyond the sea
Oh...THAT post! I was talking about smelling a rat (as in something nefarious going on) as well as a Rat (Mrs. Heinz).

I am sorry...did you think I was accusing you of being a democrat? Certainly not, and I am sorry if you took it that way.

Note to self: make sure quips do not insult people!!

328 posted on 10/12/2005 10:07:19 AM PDT by Miss Marple (Lord, please look after Mozart Lover's son and keep him strong.)
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To: Joseph_CutlerUSA

I understand. Do you have a practical way to get a more well-known conservative through the Senate? I am all for doing so if you can guarantee a win. I do not want a conservative shot down by the Rats and RINO's, because then we will be marginalized both within the party and to the general public as well.


329 posted on 10/12/2005 10:10:18 AM PDT by Miss Marple (Lord, please look after Mozart Lover's son and keep him strong.)
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To: Do not dub me shapka broham
The Washington Times published a poll of conservative Republicans-I forget the precise polling firm that conducted the survey-which showed that less than 54% of them supported this nomination.

These are the results of the Pew Poll that is linked at the Washington Times website and published Oct 11, 2005:

Opposition to Miers is largely partisan, but she has not drawn enthusiastic support from conservative Republicans. A narrow majority of conservative Republicans (54 percent) favor her nomination.

So, 100% minus 54% equals 46%. But it doesn't equal 46% opposed to Miers:

Digging into the poll, 54% of conservatives support her nomination, 9% did not and 37% were undecided.

Link

330 posted on 10/12/2005 10:20:22 AM PDT by elli1
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To: PhilipFreneau
It is almost as if Bush is trying to get Hillary elected. The Bush family certainly loves her husband.

That's been my suspicion for a long, long time...

I don't believe Nafta would have passed without a Democrat (Clinton) in the White house...I don't believe the gov't will succeed in opening the borders from Canada to the South Pole without a Dem in the White House...

331 posted on 10/12/2005 10:29:15 AM PDT by Iscool
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To: elli1
In other words, 46% of the respondents did not immediately support the President's choice to fill the O'Connor vacancy.

How do those numbers compare to the initial reaction among the same group when the John Roberts nomination was announced?

332 posted on 10/12/2005 10:32:15 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: Miss Marple
Oh...THAT post! I was talking about smelling a rat (as in something nefarious going on) as well as a Rat (Mrs. Heinz). I am sorry...did you think I was accusing you of being a democrat? Certainly not, and I am sorry if you took it that way.

I'm sorry to have misunderstood you, Miss Marple. LOL!

I think that I could name a few of the Northern European still life paintings of the 17th Century in her home.

If you ever need to know if she's still feeling the "medicinal qualities" of those white raisins, please let me know.

Again I'm sorry to have misunderstood you........... Ms. Rutherford!

:-)

333 posted on 10/12/2005 10:41:32 AM PDT by beyond the sea (Doctor, my eyes... tell me what is wrong...was I unwise to leave them open for so long)
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To: Terpfen

Does Bernard Kerik ring a bell?


334 posted on 10/12/2005 10:58:46 AM PDT by USAConstitution
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To: USAConstitution

Kerik withdrew himself.


335 posted on 10/12/2005 11:02:20 AM PDT by Terpfen (Bush is playing chess. Remember that, and stop playing checkers.)
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To: ejdrapes

Laura and George Bush are now the co-equals of Jesse Jackass.

Outraged is not the word. It is time for conservatives to tell Bush that we will not stand for further betrayal.

Laura "Jesse" Bush. The White House has snatched defeat from the jaws of victory for 2006 and 2008. Just think folks, this is what Bush has done to us after WINNING an overwhelming victory.


336 posted on 10/12/2005 11:06:09 AM PDT by Dont_Tread_On_Me_888 (Bush's #1 priority Africa. #2 priority appease Fox and Mexico . . . USA priority #64.)
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To: Black Tooth
"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."

Two points:

One, shouldn't that be "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 FORMER core supporters."?

Second, who STARTED this war? Hint: it damn sure wasn't the White House.
337 posted on 10/12/2005 11:14:01 AM PDT by FredTownWard
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To: Black Tooth
announces a new strategy of trying to win the Miers nomination by waging war on the president's core supporters.

Hey folks, Bush does not care about attacking his "core supporters"--Bush is a liberal (certainly a fiscal liberal) and he flips the finger to core supporters (conservatives) because Bush is NOT a conservative.

Wake up, party loyalists. This is what you get when you fight for an individual instead of fighting for the nation's future by only supporting TRUE conservatives.

338 posted on 10/12/2005 11:14:33 AM PDT by Dont_Tread_On_Me_888 (Bush's #1 priority Africa. #2 priority appease Fox and Mexico . . . USA priority #64.)
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To: Miss Marple; Do not dub me shapka broham; flashbunny

"Here are the troops you want to take into battle:

Lincoln Chaffee
Arlen Specter"

There's no room to bitch about these people when it is the president who is supporting them. He supported Toomey over Specter out of "tradition". Sorry-this is about pushign a conservative agenda, and specter is only a thorn in our side and has proven it time and time again.

additionally-bush is supporting chaffee over a more conservative challenger in RI for 2006.


its obvious that these are the troops THEY want


339 posted on 10/12/2005 11:26:09 AM PDT by Stellar Dendrite ( Mike Pence for President!!! http://acuf.org/issues/issue34/050415pol.asp)
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To: Stellar Dendrite
Yup.

Afraid so.

That's why we're currently discussing the merits of installing Aunt Harriet onto the Court, instead of the eminently qualified Judge Edith Jones.

*sigh of resignation*

340 posted on 10/12/2005 11:29:00 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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