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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: Miss Marple
No they haven't.

All the pundits have done is amplify the sentiments now being expressed by millions of conservatives who have gradually-but inexorably-become disenchanted with the Bush administration's domestic policy betrayals.

They counted on Bush to represent them in at least one critical area-and fulfill his most solemn campaign promise-and they were publicly rebuked.

If anyone is culpable for this debacle it is President Bush, not the commentariat.

21 posted on 10/12/2005 3:55:55 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

In spite of you coolaid-drinkers who will support Bush no matter how stupid a decision he makes, I'm signing the petition. The SCOTUS nomination is too important. Too many true conservatives, whose intellect and advice I respect, are saying Miers should not be confirmed. Signing this petition is the least I can do.


22 posted on 10/12/2005 3:56:37 AM PDT by PjhCPA (They're stuck on stupid.)
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To: Ninian Dryhope

>>And being forced to withdraw the nomination would help the Bush Presidency?

No, but turning around and nominating someone better would.


23 posted on 10/12/2005 3:57:49 AM PDT by oblomov
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To: MJY1288

Frum has some weird personal vendetta against Miers.


24 posted on 10/12/2005 3:59:17 AM PDT by ReaganRevolution (I trust President George W. Bush)
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To: Ninian Dryhope

I think Frum is mostly right. The allegation that people are opposing Miers because she is not a man is silly and outrageous. These same individuals would be trumpeting the nomination of Priscilla Owens or Janice Rogers Brown and the white house knows why there is such opposition. I support the President's choice but I am not going to lower myself to calling those who dare question the nomination sexist. I do fear that the only other woman on the bench could have undue influence on Ms. Miers but that is because the reality of social dynamics often does break on gender lines. I hope Ms. Miers has the conviction to fill this position and not be another Justice Oconner because all hell will break loose if either of President Bush's nominations go sore. The Senate hearings should give us some idea of where she stands but if the White house plays this hand too close they may very well lose this nomination.


25 posted on 10/12/2005 3:59:41 AM PDT by Ma3lst0rm (Allegations of sexism and racism are more often the retreat of those who have no better defense.)
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To: Alberta's Child
I don't wish to rehash my defenestration of this specious argument for the umpteenth time.

Suffice it to say, consenting to the approval of a disastrous SCOTUS nominee a decade ago does not obligate one United States Senator-much less a majority of that august body-to confirm an equally unqualified nominee today.

If the radical, anti-American, anti-Constitution doctrinaire leftists want to take pride in Ruthie, then so be it.

She's their baby.

However, I refuse to accede to a process whereby the Republican Party-and by extension, the conservative movement in this nation-willingly hangs an albatross around its collective neck.

No dice!

26 posted on 10/12/2005 4:01:09 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: G.Mason; OXENinFLA
Judicial Nominations " Senate Judiciary Committee Full Committee DATE: October 18, 2005

This is much earlier than I thought.

27 posted on 10/12/2005 4:02:28 AM PDT by Bahbah ( Water Buckets UP!)
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To: Ma3lst0rm
"The allegation that people are opposing Miers because she is not a man is silly and outrageous."

Strawman. The First Lady was asked if it is possible that some of the criticism is due to sexism and she prudently allowed as to how it is possible. It is incredibly intellectually dishonest to twist that exchange as the First Lady making silly and outrageous allegations.
28 posted on 10/12/2005 4:03:07 AM PDT by Ninian Dryhope
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To: Ninian Dryhope
"The truth is, Frum and some conservatives have decided to declare war on our President."

Oh come now, surely you're not suggesting that we should all just STFU when we think our President is wrong?

When I vote republican I don't leave my conservative credentials at the door, thank you very much, I put conviction over expediency and anyone who doesn't isn't a conservative because it's there one consistent point of conservative dogma, it's that.

If you're no conservative and only a republic pray tell what it is you believe it because from my side of the fence I can't tell anymore. Smaller government? Restraint in spending? Honoring the constitution (CFR)? You tell me, I can't figure it out, looks just like dim lite from here.

Sheesh.

29 posted on 10/12/2005 4:03:37 AM PDT by Proud_texan
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To: Miss Marple

The nomination itself had sexist elements in it. You can't tell me that Miers' sex wasn't a consideration in her nomination. So for anyone in this administration to accuse others of sexism regarding this nomination is ridiculous.


30 posted on 10/12/2005 4:04:28 AM PDT by oblomov
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To: Proud_texan
U 'r teh sexist, elitist, anti-Texan, DU infiltrator!

(Sarcasm off...

:7)

31 posted on 10/12/2005 4:05:33 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
Not to mention, extremely hypocritical.
32 posted on 10/12/2005 4:06:14 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: Do not dub me shapka broham

Haha, thanks for the laugh, needed one bad.


33 posted on 10/12/2005 4:07:24 AM PDT by Proud_texan
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To: ejdrapes

bump


34 posted on 10/12/2005 4:07:24 AM PDT by varon (Allegiance to the constitution, always. Allegiance to a political party, never.)
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To: PjhCPA

Our poll says it all!


Do you approve of Harriet Miers for Supreme Court?

Composite Opinion
Yes 34.0% 2,260
Need more info 32.3% 2,147
No 28.7% 1,907
I'm voting Hillary! 3.1% 209
Pass 1.9% 129
100.0% 6,652


35 posted on 10/12/2005 4:07:35 AM PDT by HuntsvilleTxVeteran ("In any compromise between good and evil, it is only evil that can profit." AYN RAND)
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To: ejdrapes
Frum must have really screwed the pooch when he worked in the WH. And why should we listen to a speechwriter about this particular matter?
36 posted on 10/12/2005 4:08:53 AM PDT by rmgatto
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To: Do not dub me shapka broham
President Bush is not responsible ffor the hysterical level of discourse from people like Coulter and Frum. President Bush is not responsible for the venom I have seen posted here.

What you are apparently saying is that if President Bush doesn't do something you agree with, anything goes.

Furthermore, I see that you are saying 46% of conservatives are uneasy about this nomination. In case it misses you, that's less than half of conservatives, who do NOT make up the majority of the GOP.

Oh, that evil Alberto Gonzales was just on Fox. His big attack on the critics was that he was "disappointed" and that he felt that people were making the decision with incomplete information. Horrors! However will Mr. Frum be able to stand up to such criticism!

37 posted on 10/12/2005 4:10:28 AM PDT by Miss Marple (Lord, please look after Mozart Lover's son and keep him strong.)
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To: Miss Marple
Gonzales is flogging this pick now?

Miers is in more trouble than I thought.

:))

38 posted on 10/12/2005 4:13:19 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

Oh, give it a rest. If Gonzalez and people like him didn't appear in her defense, you would say he was hiding and in damage control mode.


39 posted on 10/12/2005 4:17:00 AM PDT by Miss Marple (Lord, please look after Mozart Lover's son and keep him strong.)
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To: Bahbah; OXENinFLA
Check it out



40 posted on 10/12/2005 4:20:17 AM PDT by G.Mason
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