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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
They are in damage control mode.
41 posted on 10/12/2005 4:21:50 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
As usual Miss Marple has it right.
I would add that it's not a good idea to get waylaid into the "stuck on stupid syndrome" either.

The "stuck on stupid syndrome" is to believe that if we could just document, prove beyond a doubt that Ms. Miers is truly a conservative everything would be o.k. This is where the stuck on stupid part comes in.

Once it is prove beyond a doubt that Ms. Miers "is" a conservative or once we dump her nomination and put a real,true blooded, "conservative" in place of her the nomination is "dead".

Think about it. How will any true conservative get through the pack of rats in the Senate let alone the rino contingent. It just won't happen.

Therefore don't get stuck on stupid.
42 posted on 10/12/2005 4:21:54 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: ejdrapes
I thought the problem with the First Lady's response is its more of that identity politics that so typical on the Left. The Administration has all but admitted this was a "diversity" appointment and Harriet Miers was chosen in part because she's a woman. Nothing wrong with diverse representation in a legislature but it has no place on a court. That's the kind of thinking that's transformed our courts into activist "super-legislatures," e.g, the pernicious belief various interest groups and their agendas need to be accomodated. I can think of no greater threat to the rule of law. As I said, the President ought to start over - people will forgive him and the country will be better off for it.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
43 posted on 10/12/2005 4:22:34 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Miss Marple

>>if President Bush doesn't do something you agree with, anything goes.


No, the dissent has been building for a long time.

We have kept quiet on many issues in order to help achieve what we thought was a victory.

There comes a time when the abuse goes too far.

If just 46% of conservatives are upset, then surely the GOP won't miss us.

I think the guy who called me from the RNC last weekend was on the verge of crying by the time I got off the phone with him.


44 posted on 10/12/2005 4:23:44 AM PDT by oblomov
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To: G.Mason; OXENinFLA
Wednesday 9/21/2005 Full Committee "Able Danger and Intelligence Information Sharing "

And I see there is also this. Thanks, G.

45 posted on 10/12/2005 4:24:07 AM PDT by Bahbah ( Water Buckets UP!)
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To: rodguy911
The nomination of a true conservative won't be able to sail through the Senate-under any circumstances-after this farce has finally drawn to a close.

You can thank your pal Dubya for that.

46 posted on 10/12/2005 4:24:16 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: Ninian Dryhope
"The reputations of those who so treacherously opposed this nomination are going to be permanently damaged."

The President has a blind side. He tolerates disloyalty. Bush imposes no penalty on those who defy him, no price. To retain his power though, he should exercise it. Consequences! The ultimate control.

47 posted on 10/12/2005 4:24:17 AM PDT by Rapscallion (I trust you already. Now, tell me why, so I may verify.)
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To: Ninian Dryhope

I think you are somewhat right but the correct answer to the question would've been "I don't really think that is the case.". If somone asks me if it is possible my friends are secret racists I'm certainly not going to respond by saying it's possible. Maybe a "I sure do hope not." but I wouldn't give credence to something I knew to be most probably false. The left doesn't need headlines and the GOP doesn't need to use the language of the left to defend itself. I like Laura Bush and I'm sure the question was a setup as most are but I don't think it is wise feed such ideas especially if you want to gain support for your nominee.


48 posted on 10/12/2005 4:26:39 AM PDT by Ma3lst0rm
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To: Ninian Dryhope
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?

She might've said that she doubts sexism is involved, it's just that good people can disagree (but that she's confident the confirmation hearing will prove Miers' worth). No, what she said was quite deliberate, and has been repeated by the White House on at least two other occasions.

49 posted on 10/12/2005 4:26:59 AM PDT by NittanyLion
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To: Do not dub me shapka broham

Maybe we're "stuck on stupid" for standing up for conservative principles instead of cheering every dumb move by the GOP leadership.


50 posted on 10/12/2005 4:27:33 AM PDT by oblomov
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To: PjhCPA
Are you honing up on your "alternate" employment capabilities.

The Flat Tax Man commeth. ;)



51 posted on 10/12/2005 4:28:25 AM PDT by G.Mason
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To: ejdrapes; Miss Marple

I'm working my own that begins...

"I am a REPUBLICAN AND CONSERVATIVE who supported the election of George W. Bush in 2000 and 2004. Today, I respectfully urge that my subscription to National Review be terminated for picking this puclic fight with the President when you should be instead celebrating 50 years of achievement.


52 posted on 10/12/2005 4:29:13 AM PDT by RobFromGa (Afghanistan, Iraq, Iran-- what are we waiting for?)
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To: oblomov
It appears so.

:-)

53 posted on 10/12/2005 4:29:43 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: goldstategop
If the appontment had been Owens or Brown, would you consider it a diversity appointment? I don't think so. Well, Owens withdrew herself, and my hunch is that Brown did as well.

Harriet Miers is not a diversity appointment any more than those women would be. Now you may think that Luttig would be better, but the President disagreed. We don't know why he disagreed. Maybe Luttig didn't want to go through the process, maybe something came up in the vetting process, maybe the President just felt more sure of Miers judicial philosophy. 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.

54 posted on 10/12/2005 4:31:34 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
Face reality por favor. A true conservative with known conservative credentials never had a prayer under this current Senate.It's too infested with rinos.
55 posted on 10/12/2005 4:32:10 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: Bahbah
Why did I think that would disappear off the radar screen? And "conservatives" are worried about Harriet Miers?



56 posted on 10/12/2005 4:33:13 AM PDT by G.Mason
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To: Miss Marple
Pretty much ditto that. But it isn't a pretty picture, from any angle. My further thoughts.

Dan

57 posted on 10/12/2005 4:33:44 AM PDT by BibChr ("...behold, they have rejected the word of the LORD, so what wisdom is in them?" [Jer. 8:9])
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To: oblomov
So, you are saying that because you are upset about CFR, the highway bill, prescription drugs...that is why you are opposing Harriet Miers? This is payback?

Frankly, if I weren't so concerned that the democrats not retain power because of national security, I would tell you unhappy people to leave. However, until we see the democrats take national security seriously, I am not willing to take that risk.

I am a conservative, too, just not your brand. Just as I have to put up with you guys, you have to tolerate me. That's the truth.

So, complain all you wish. I only ask that the trashy comments be stopped. And you know, there have been a LOT of them.

58 posted on 10/12/2005 4:36:20 AM PDT by Miss Marple (Lord, please look after Mozart Lover's son and keep him strong.)
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To: RobFromGa
Not only that Rob, the country is at war. We have just had two nat. disaster hurricanes and the rats are targeting our two top political figures, DeLay and Rove. Is this a superior time to pick a fight with a President who has a spectacular record of achievement in everything he does? I think not.
59 posted on 10/12/2005 4:37:17 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: rodguy911
Ah, the excuse de jour.

"The RINOS made me do it!"

Don't you think that's wearing a little thin?

60 posted on 10/12/2005 4:41:32 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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