I'm sure many will be pathologically unable to read beyond this point...
Lando 
Posted on 10/04/2005 4:07:12 PM PDT by Lando Lincoln
October 4, 2005 - Washington, DC - PipeLineNews.org - In the spirit of full disclosure, this is not the piece written and then discarded early yesterday afternoon.
Over the now six years that I have been running this right-wing asylum I have learned a few tricks, one of which is that even 12 hours of perspective is sometimes helpful in sorting things out.
Ok, suck it up, we got an almost grandmotherly Harriet Miers instead of Attilla Scalia and some of us...many of us are still fuming.
We were upset - and I was personally far more than merely upset, but it got better - because we had visions of pools of liberal blood in the streets. Since the fading days of the Reagan Administration we have sought that "ultimate showdown" in which the leftward drift forced by the culture war is halted, then reversed via a national debate held over a momentous event, such as a SCOTUS nomination fight.
Looking back over things it was a silly concept, we all should know that glacial drift is not halted in a single afternoon by an isolated event no matter how epochal in nature it might seem in rough outline at the outset.
No, the Miers nomination is exactly what Mr. Bush promised us, assuming he is an honest and decent man which I do.
She will not lead us into ideological battle ala Patton; there will be no order to "fix bayonets boys we are going over the top." On the other hand she will most likely in an unobtrusive - unless a prowling intellectually audacious conservative lurks somewhere in her - and tidy manner deliver votes indistinguishable from those penned by Thomas and Scalia.
Under the conservative George Bush, revolution was never an option and nothing in his background should have ever indicated that.
Bush is a true conservative in the definitional sense, straight out of a political science 101 text - probably not as conservative as many of would order up off a menu - but of course this isn't diner at the Escofier Room and political tactics are not the soup de jour.
Of primary concern remains to what degree Meirs honors the concept of stare decisis - the rule of precedent - in cases like Roe v Wade remains to be seen, but in grand form she will in no way be a squishy moderate like Sandra Day O'Connor around which pacts better left unmade get forged around ridiculous constructions invoked over homage to foreign jurisprudence. Her obeisance to that important legalism might be further revealed in the upcoming hearings, or it may not if the Ginzberg precedent remains in force.
As we have written here previously, what many of us want is not technically a conservative at all but a reactionary, someone who is willing by force of will to reverse the course of contemporary history. That sentiment may be the correct prescription but Bush was never the one to deliver that. In a larger sense one might consider that in its wisdom our form of government was designed in large part to limit the possibility of such boldness, such revolutionary ardor in the first place, since it can cut in all directions and history harbors many examples of such rampaging out of control in disorderly and messy ways.
It’s not often that we can gather enlightenment from the left, but in literally hours of reading their take on this nomination I came upon the following bit of wisdom.
“I wish people would wake and smell the coffee here. Bush clearly stated that he expects Miers to interrupt the law as our founding father intended!! ORIGINAL INTENT is nothing more than CODE for rightwing judge!! Call her to the carpet!!"
If Meirs does indeed – as I believe she will “interrupt the law as our founding father intended" – then I am a happy camper, next case…Mr. President can we chat a bit about government spending?
I'm sure many will be pathologically unable to read beyond this point...
Lando
We don't know that! We dont know how she will vote, because she is a complete unknown judicially - because she hasn't been on the bench. How can you know she won't be another Kennedy, O'Connor, or Souter?
I believe that this captures the problem on FR today. Many are disappointed they have been denied their showdown. Tsk, tsk.
If you want a Google GMail account, FReepmail me.
They're going fast!
This is a good article and it recognizes the reality within which we have to operate. Although the country is not going to be nearly as conservative as I would like it to be, it is going to be less liberal than those in the Rat party would like to see. Half a loaf is better than none.
Neither one of the Bush's are as conservative as was Reagan, but at least Bush the younger is more conservative than was Poppy. We should be pragmatic and take advantage of our opportunities and look at the bright side.
I do wish, however, that Bush had nominated a younger woman, so that she could hold down the spot for a longer time.
Bush knows her well. He knows her better than he could possibly know any other potential candidate.
And he describes her as a pitbull in size 6 shoes.
Politics is the art of the possible.
How do you know she wont be another Rehnquist because he was never on the bench either?
Reagan put Kennedy and O'Connor on the Court.
Roberts and Meirs will be much better than those two.
"I believe that this captures the problem on FR today. Many are disappointed they have been denied their showdown. Tsk, tsk"
Its the political version of bluballs....:)
How about the conservative base and the American people being presented a candidate that is the top of their field,with known ideology, someone with known head banging conservative credentials, someone we could be proud of. This pick and process reeks.
We don't. However, Bush's record on judicial picks has been pretty good, and he's known her for a long time and in a context in which he is likely to have had open conversations. I suspect he knows what he's doing. That said, I hope we get more reassurance in the coming days. Unlike some who have already panicked, I am prepared to listen.
The most hopeful thing I've heard about her so far is that she attends a conservative, evangelical church. That's not a place pro-aborts usually hang out. I'll be watching for more background.
Good piece. Conservatives need to stop being so quick to declare defeat. And we need to stop the hysterical pre-judgments of Miers based on who she's not. Just because she's not Priscella Owen or Janice Rogers Brown doesn't mean she'll be a quietly conservative voice on the court as this piece points out. Bush knows her and he knows what he's doing. He's not replacing a moderate for a moderate. Bush knows he's getting a conservative judge. Maybe not a Scalia, but she's at least a Roberts. This may prove to be a brilliantly sly move by Bush who's going to slide one past the Democratic hard-hitters. So relax everyone. Bush knows what he's doing. Let's not get worked up by the rantings of Ann Coulter (who I normally like but is making a complete ass of herself with her pre-judgements of Roberts, which proved all wrong and left her with egg on her face, and now Miers.)
Excellent point! Thanks for pointing that out to me.
"doesn't mean she'll be a quietly conservative voice on the court as this piece points out."
Correction to my own post: Doesn't mean she won't be I meant.
How are all you so certain she WILL be????? Maybe we should can the panic and wait and see what comes out about her? She is just getting into the process, she is NOT the next SC Justice yet.
We also don't know how Luttig or Janice Rogers Brown would vote once on the SCOTUS. Many conserv atives doubted Clarence Thomas also
You can say that again.
"...A candidate that is the top of their field,with known ideology, someone with known head banging conservative credentials, someone we could be proud of."
We have tons of those. And guess who vetted them for the job?
I hear you...
It's not panic. It's disappointment.
Bush could have hit a home run and decided to punt.
As many conservatives have noted, a missed opportunity.
As for "not the next SC Justice" yet, given the grins on Harry Reid's face, and given the near impossibility of Republicans rebelling over a Republican Presidential nominee unless she proves herself incompetent, her nomination is well-greased.
I'm not. But we may not know for 10 years. So why not nominate someone we know about?
"Anybody who would certainly have voted as Scalia does would have never gotten out of committee, especially if they opposed Roe v. Wade."
Gosh you do set your sights too low!
Roberts got out of committee, and got 78 votes!
If Bush nominated Michael Luttig - known Scalia clone - we would also have been confirmed. Certainly. Not maybe. Certainly.
Not just GOP votes, but red state Democrats would not commit Hari Kari over this. they would confirm the Bush nominee.
Why? Because most Americans *want* a Judge who merely interprets the law.
"How do you know she wont be another Rehnquist because he was never on the bench either?"
All these silly questions ... The original article asserted that Miers would vote a certain way as if it were a fact. I'm saying we dont know ... and you seem to agree.
"How do you know she wont be another Powell or Rehnquist because they was never on the bench either?"
She could a liberal Powell or a conservative Rehnquist.
She could be another O'Connor. WE DONT KNOW is my point.
"Reagan put Kennedy and O'Connor on the Court."
Reagan also put Scalia on the court, and Kennedy was pick #3 after Bork got Borked.
If Miers was pick #3 after we lost on Luttig, McConnell, Edith Jones and Karen Williams, I'd understand.
But after Roberts, and given Bush's great options, it's an underwhelming pick.
Besides, we dont know Miers would be better than OConnor.
Not yet anyway.
"We also don't know how Luttig or Janice Rogers Brown would vote once on the SCOTUS."
WTF?!?! Don't you realize that both have had long, distinguished careers, made public speeches and written many Judicial rulings that make crystal clear their Judicial philosophies??? Maybe you are just uninformed. But others arent. ... this is why 'confirmthem.org' is so upset:
http://confirmthem.org
"Many conserv atives doubted Clarence Thomas also"
Thomas, like Souter, was an unknown. Here is unknown #3.
Some of us dont want to play 'lets make a deal' here ..
"I'll take whats behind curtain #3, Bob".
How do you know that Joe Torre won't have John Flaherty pinch-hit for Alex Rodriguez in a key situation, and that Flaherty won't hit a home run. This sort of "How do you know" speculation is ridiculous. We don't "know" what the future will bring. We can only offer our best guess. My best guess is that Alex Rodriguez, with a batting average 2 or 3 times higher than John Flaherty's, and with over 400 more lifetime home runs, would be a better choice in a key situation.
We have Michael McConnell on the bench. We have Priscilla Owen, and Janice Rogers Brown. Why take a chance with an unknown whose credentials hardly compare to those of the above three, and probably a hundred others?
See if you can answer the following question honestly:
If George W. Bush had a filibuster-proof, 60-40 Senate (with the 60 all conservative republicans), would he have chosen Harriet Miers. If your answer is "Yes," you are fooling yourself.
LOL! Nice mixed metaphor. Perhaps he should have taken a three-point shot or a slapper from the blue-line. Or a penalty kick. Or bowled a 300 game. Or thrown a left hook for a knockout. Or captured the yellow flag. Or sunk a hole in one.
(I apologize. For the first time ever, I have spent today arguing with conservatives instead of liberals, and I needed some diversion. Forgive me.)
Well, you have a point about what is known, but Bush knows her better than most Presidents have ever known a nominee, and considering the top notch picks he has made so far, I'll take his word for it over your's
Bump to reason.
Lotsa conservatives have instincts like the ancient Celts, for fighting style:
Get drunk and naked, run into battle unorganized and screamin. Oh how they loved the fight!!
But lost.
THAT'S WHAT WE GET WHEN WE ACT LIKE REACTIONARY LIBERALS
That is the only demonstrably valid concern I have seen expressed – not that no other concerns may turn out to be valid but we do not know – that being said, I heard that her mother was 93 an doing fairly well, so she may be around longer than we think.
Excellent article.
Order more Prozac, Injectable Thorazine and straight jackets for the haters of GW.
"Bush knows her well. He knows her better than he could possibly know any other potential candidate.
And he describes her as a pitbull in size 6 shoes."
LOL. I made it. I found the article interesting, as I do all of the things that you post. True, we can be an impatient lot, but look how far we've come. Don't give up the battle, even if it means solidly planted baby steps as opposed to fixing bayonets and going over the top. I heard a Canadian on NPR the other day talking about how Americans are different in that they believe if it is necessary to take the law into their own hands to protect their homes and families, they will do so, while he would never think of it and would wait for duly constituted authorities to step into the breach. I pondered that for some time, wondering, in my American way, why anyone would relinquish their right to life and liberty in a crunch to a hoped for "duly constituted" savior.
"Bush could have hit a home run and decided to punt."
No. Bush has his focus clearly on the objective: Get conservative Justices confirmed. Focused pragmatism.
BTW home runs are in baseball; punts are in football. Not focused.
From what I have seen from Bush, the in your facer will be the one to replace a Lib (I know Elvis is dead, but a couple of those justices aren't looking so good these days) and he may just get that chance.
Absolutely GREAT point!!!!!
No, I don't think you do... One of Miers biggest qualifications is that she helped vetted all those conservative justices and candidates. She, along with the Pres., introduced us to conservatives such as Owen, Brown, Estrada, Luttig and many more.
Lando 
I fail to make the link that you do. GWHB made that statement and then double-backed on it, clearly. Yet, if we are to judge today's politicians by the promises of yesterday's, then I am afraid the rubric is too complex for me to comprehend. GWB nominated a known entity - known to him - and I along with many other Americans entrusted him with that responsibility in November. Me? I'll bide my time and see how it turns out. For now, I trust my President's judgment. And certainly, I'm grateful the alternative universe is not at play here.....a Kerry nomination.
I must say, I feel a lot better today.
Lando
Amen. I think we are going to be very happy. I feel pretty bullish on this today, actually!
Order more Prozac, Injectable Thorazine and straight jackets for the haters of GW.
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