"That's not the point.
An empty Supreme Court seat is infinitely preferable to one filled by an awful justice."
How would you feel about an 8 person supreme court where the next President has an immediate chance to name a justice?
Sandra Day O'Connor, whatever her faults-and they were maifold-was at the very least, committed to the concept of federalism.
That should be the de minimus requirement made of all Republican appointees to the federal judiciary at any level.
Do we even know that much about Miers?
I am certain that not only would she have been incapable of authoring the blistering dissent written by O'Connor in Kelo, but have the sneaking suspicion that she would have been on the other side, were she in the place of Sandra Day O'Connor.
Considering the fact that her only enthusiastic backers-aside from members of the Democratic Caucus-seem to be the corporate benefactors of the Bush administration, I find it hard to believe that she is irrevocably opposed to the exploitation of eminent domain.
Doesn't Bush get another go if we block Miers? How does blocking her mean that he gets no more chances to nominate a judge?
You mean if Harriet Miers loses confirmation, we get to elect a new President?
That sure changes the calculus.
You're right, of course, and that's precisely what bothers me about Miers as the nominee. A Dim would nominate a clear-cut judicial activist and the party would fight tooth-and-nail until that person was confirmed.
I am sadly disappointed that our side won't reciprocate. It almost makes one wonder if the Dim's (as a whole) aren't more committed to their cause than we are. It's the end game, and we act like we don't want the ball.
Yeah, I know all about the gang of 14 and the sniveling bunch of RINO's in the senate. Blah, blah, blah. The fact of the matter is, neither Bush nor the RNC are as concerned with the make-up of the Supreme Court as they are about winning elections.
I do not, and have not, voted straight-party Republican for over 20 years to "win" on election night. I voted for a philosophy, not a party. The unwillingness to nominate a clear Constructionist is not being Conservative.
It's running from it...