Free Republic

The Miers nomination might be the most catastrophic political miscalculation of the Bush presidency. Republican presidents have long been drawn to the “stealth strategy” on judicial nominations, picking conservatives, or supposed conservatives, without a public record so it will be harder for Democrats to oppose them. In the John Roberts nomination, a modified stealth strategy reached its height, giving the Court what is likely to be a conservative chief justice for the next 30 years. In the Harriet Miers nomination, the stealth strategy has all but collapsed, producing what might be the most catastrophic political miscalculation of the Bush presidency.

OCTOBER 12--Sure, nobody seems to know anything about Supreme Court nominee Harriet Miers's judicial philosophy, abortion position, or conservative bona fides. But here's something not open for debate: the old gal loves exclamation points and seemed to enjoy writing gushy notes to then-Governor George W. Bush. Below you'll find copies of personal correspondence exchanged between Bush and Miers from 1995-2000 (before migrating to Washington, Miers headed the Texas State Lottery Commission, a post to which Bush appointed her). The Bush-Miers letters were among more than 2000 pages of documents released this week by the Texas State Library and Archives Commission....

As the White House seeks to rally senators behind the Supreme Court nomination of Harriet E. Miers, lawyers for the Republican senators on the Judiciary Committee are expressing dissatisfaction with the choice and pushing back against her, aides to 6 of the 10 Republican committee members said yesterday.

Kansas Republican Sen. Sam Brownback has said he would consider voting against the nomination of Harriet Miers to the Supreme Court even if President Bush made a personal plea for his support. NewsMax reported Thursday that Brownback, a key member of the Senate Judiciary Committee, was reserving judgment on the nomination until he had a chance to meet with Miers. He did meet with the nominee that afternoon – and evidently was less than thrilled about what he heard. Brownback complained that he was left trying "to gather little pieces of shreds of evidence” about Miers’ views on abortion and...

From the U.S. Code Online via GPO Access [wais.access.gpo.gov] [Laws in effect as of January 24, 2002] [Document not affected by Public Laws enacted between January 24, 2002 and December 19, 2002] [CITE: 28USC455] TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE PART I--ORGANIZATION OF COURTS CHAPTER 21--GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES Sec. 455. Disqualification of justice, judge, or magistrate judge (a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. (b) He shall also disqualify himself in the following circumstances: (1) Where he has a...

“Sometimes, party loyalty asks too much,” said JFK. In asking conservatives to support Harriet Miers, prior to full Judiciary Committee hearings, George W. Bush asks too much. Trust me, Bush is saying. Trust but verify, they should reply. For as of today there is no evidence Harriet Miers possesses the judicial philosophy, strength of intellect, firmness of conviction or deep understanding of the gravity of the matters on which her vote would be decisive to be confirmed as Associate Justice of the Supreme Court. If she does not exhibit these qualities in testimony before the Judiciary Committee, Harriet Miers should...