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Time for Plan B
Renew America ^ | 10/23/2005 | Adam Graham

Posted on 10/24/2005 11:23:05 AM PDT by Keyes2000mt

As a writer, my computer has many half-finished columns and stories. Now, there are many finished stories and columns, this being one of them, but the reason some are started and never finished is a few hundred words in, I look and say, "This is not going to work." And move onto something else.

Whether he chooses to acknowledge it or not, President Bush has reached this point with his nomination of Harriet Miers to the Supreme Court. Ms. Miers is a nice Christian lady who regularly attends church and probably has an excellent relationship with Christ. There are many women in my church who are the same, this does not mean they should be on the Supreme Court.

When Ms. Miers was nominated, I kept an open mind. I hoped the Confirmation hearings would show forth what type of judge she'd be. However, as I look at what's come out in the press, I have to ask myself that with what I know now, is there any way I can conclude that Harriet Miers is qualified to be Associate Justice of the Supreme Court? The answer's no.

A Supreme Court Justice should have at least an above knowledge of the Constitution. Nothing in her comments so far have indicated that she has even this. While, I'm concerned with her views on Roe v. Wade and other Constitutional issues, I'm more concerned that she has no apparent judicial philosophy. When Senator Specter says that at 60, Ms. Miers needs a crash course in Constitutional law, it's a terrifying prospect.

With Miers on the court, we'd face the possibility of a judge who is in the best case scenario, is merely a yes-woman for the Conservative wing, or in the worst case, a moderate constantly twisting in the wind trying to find a group of judges to concur with that sounds best. The fact is that either way, the lifetime Miers appointment is the highest form of cronyism imaginable. It's a bad choice all around. It lessens the credibility of Republicans when talking about the need for strict constructionists on the court.

Following the amazing credentials of John Roberts, we are introduced to a candidate who is supremely unqualified. The administration has handled the whole situation poorly from start to finish from the revelation that Miers had her license to practice law in DC suspended because she forgot to pay her dues, to meetings with Senators that went so poorly that some people favorable to the nomination called her to stop them to make sure no further damage was done.

In the end, President Bush and Miss Miers have a tough and unenviable decision to make, but they need to pull the plug on this nomination. She's not qualified and she's not going to be confirmed. For this reason, I oppose the Miers nomination and if she's not withdrawn, she deserves to be voted down by the full Senate.


TOPICS: Editorial; Government
KEYWORDS: miers; scotus
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To: Cboldt
This is rich. If you're a practicing lawyer, your state's bar association annually sends you a clearly marked bill for the next year's dues. You're not tending the store if you miss it. Great recommendation for a potential SCOTUS justice.

There's another point about Miers that's not generally been discussed here. She's apparently been Bush's personal lawyer and confidant for the last 20 years. When the issue came up of whether to appoint a special prosecutor in the Palme/Wison affair, what advice, if any, did she give Bush? Being a valued confidant and councilor, it appears to me that if she'd advised him to stand his ground and refuse to appoint such a horrific creature, he'd have probably taken her advice. Even in foresight, advising otherwise was an inherently bad idea because special prosecutors so often end up running wild.
21 posted on 10/24/2005 12:35:54 PM PDT by libstripper
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To: libstripper
There's another point about Miers that's not generally been discussed here. She's apparently been Bush's personal lawyer and confidant for the last 20 years. When the issue came up of whether to appoint a special prosecutor in the Palme/Wison affair, what advice, if any, did she give Bush?

Special prosecutor was named Dec 30, 2003 - largely based on pressure from DEMs such as Schumer.

Miers was named WH Counsel in February 2005. She was Deputy Chief of Staff for Policy from July 2003 until Feb 2005.

22 posted on 10/24/2005 12:41:08 PM PDT by Cboldt
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To: Keyes2000mt

No need for the president to waste more Capital on the lopsided coming defeat.



That's your opinion.... The President may think otherwise since it was his choice and there is a process in place to end the nomination via a negative confirmation vote.. It just may be that he'd like to see where each Senator's vote falls. I know I would.

I think the Senators ought to have the guts to stand up and take a recorded vote and let the populace know how they actaully feel not what they pontificate they feel. But they'd be happy to not have to do that.


23 posted on 10/24/2005 12:41:47 PM PDT by deport
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To: Cboldt

I grant you that the special prosecutor was named before she became WH Counsel. However, she had 20 years as Bush's private lawyer and confidant. An individual with a good lawyer-client relationship like Bush had with her is likely to ask his lawyer what she thinks about such an important decision, even if she's not formally in the chain of legal authority.


24 posted on 10/24/2005 12:45:48 PM PDT by libstripper
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To: deport
I think the Senators ought to have the guts to stand up and take a recorded vote and let the populace know how they actaully feel not what they pontificate they feel.

In my wildest dream, 100 Senators say "I vote NAY. I cannot in good conscience vote on the record before me, becuase it provides inadequate information with which to form a reasoned judgement one way or the other."

25 posted on 10/24/2005 12:45:59 PM PDT by Cboldt
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To: Cboldt

There are 17 nominations pending.



Really.... there are 14 in committee and 2 on the floor. Or according to the Judiciary Committee web site.


26 posted on 10/24/2005 12:49:46 PM PDT by deport
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To: Cboldt

In my wildest dream, 100 Senators say "I vote NAY. I cannot in good conscience vote on the record before me, becuase it provides inadequate information with which to form a reasoned judgement one way or the other."



That's exactly why I'd like to see the Senators forced to make a choice and not be given a skate on this nomination. Nothing would make them happier than to have to not go on official record with a vote.

But in your wettest of dreams I don't think it would be close to 100 either way.


27 posted on 10/24/2005 12:52:14 PM PDT by deport
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To: deport
17 = Nominations pending in the 109th Congress.
http://www.usdoj.gov/olp/judicialnominations.htm

One or the other is off ;-)

28 posted on 10/24/2005 12:55:22 PM PDT by Cboldt
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To: deport
But in your wettest of dreams I don't think it would be close to 100 either way.

I agree. And only a few Senators have come out with hints that "stealth" is something they object to. I think our rulers like stealth and lack of accountability, and will act to maximize stealth, and minimize accountability.

29 posted on 10/24/2005 12:57:41 PM PDT by Cboldt
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To: Keyes2000mt
Good piece.

Your screenname make me wonder if Alan Keyes has expressed any opinions on Miers. Haven't heard from him for a while.
30 posted on 10/24/2005 4:31:26 PM PDT by George W. Bush
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To: George W. Bush

Keyes has suggested that it might be better for the Senate to reject Harriet Miers.

Here are the last two paragraphs of his recent column on the controversy:

"Harriet Miers' promotion of quota-style affirmative action thus raises new doubts about her grasp of and adherence to the conservative judicial philosophy President Bush claims on her behalf. The White House has encouraged people to judge Miers on her record. But as we learn more about her actions, the gap between her apparent beliefs and any reasonable understanding of conservative philosophy grows ever larger.

I fear it has already become too large to be overcome by her performance in Senate hearings. Her actions speak so loudly it may be too difficult to lend credence to mere words. As the bard wrote, "words to the heat of deeds too cold breath give." President Bush has handed conservatives in the Senate a nomination that may be too hot to handle credibly. For their sake and his, it might be better if Harriet Miers takes action now to allow the president to offer a different choice."

Cheers,

Richard F.


31 posted on 10/24/2005 6:07:27 PM PDT by rdf (no sex and race preferences, not now, not ever.)
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To: libstripper
Being a valued confidant and councilor, it appears to me that if she'd advised him to stand his ground and refuse to appoint such a horrific creature, he'd have probably taken her advice. Even in foresight, advising otherwise was an inherently bad idea because special prosecutors so often end up running wild.

I imagine Miers played no part in that decision -- and rightly so. That was a political decision, not one based on legal merits.

32 posted on 10/24/2005 10:30:56 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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