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NRO: After Miers
National Review ^ | 10/26/05 | the editors

Posted on 10/27/2005 8:19:28 AM PDT by Pokey78

No conservative should be in a celebratory mood now that Harriet Miers has withdrawn her nomination. For one thing, reasonable conservatives who considered her unqualified for the Supreme Court conceded that she has had an accomplished career and that she has served the president loyally and, for the most part, well. Gloating would be unseemly. For another thing, the object of conservative agitation against Miers was to get a solid justice confirmed. So the conservative opponents of her nomination have not yet won a victory.

Still, today is the best day Republicans have had in some time. It was clear almost from the beginning that the president had made a poor choice, and has been clear for more than a week that withdrawal was advisable. An ill-considered nomination had reached an impossible pass. One day would bring news suggesting that Miers would be (or at least vote like) a judicial conservative. The next would bring news suggesting the reverse. The net effect was to leave both liberals and conservatives concerned about both the substance, and the muddle, of her views. Even minor mistakes in her answers to senators' questions were being judged harshly. And her meetings with senators were not going well.

Yet some observers — especially those well-disposed to Miers's nomination — still insisted that the president would "never back down," even to correct a mistake. These observers gave the president, and Miers, too little credit. The president is strong-willed, but not willful.

But presidential mistakes have consequences that cannot be simply erased. If President Bush now nominates someone whom most conservatives can support, as he should, then Bush and the conservatives may, together, win the nominee's confirmation. But their chances of jointly succeeding were better immediately after the confirmation of Chief Justice John Roberts than they are now. The Democrats will insist that the far Right has forced a nominee beholden to it on a weak president.

But taking on the Democrats, even Democrats armed with that argument, still seems the best option. Republicans still have a majority of the Senate. If Democrats mount a filibuster, Republicans should be able to break it one way or the other. Republicans will need only two members of the "gang of 14" who made the filibuster deal to prevail.

While parts of the public argument over the Supreme Court will favor each party, we think the balance tips toward the Republicans. The public favors Roe (even if it misunderstands it), likes the sound of the "right to privacy," and will worry about the notion that a judge would dismantle the welfare state. On the other hand, the public also sides with conservatives on crime, on church and state, on partial-birth abortion, and on marriage, and, perhaps most importantly, favors "conservative" over "liberal" judges. Values issues generally benefit the Republicans, as we saw during the last election — especially when the Democrats seem to be intolerant of conservative values, as they would almost certainly both seem to be and be during a battle over a conservative Supreme Court justice.

It follows that President Bush should pick the most qualified and confirmable conservative he can find — male or female. Such a fight could be the way out of the president's current trough.

We do not for a moment believe that the president will pick someone unacceptable to conservatives out of spite. He did not pick Miers in that spirit; as we said on the day of her nomination, we thought it was a good-faith, though mistaken, choice. Bush and conservatives on both sides of the Miers debate should now let bygones be bygones, and stand together in the fight they will now almost certainly face.


TOPICS: Editorial; Government; News/Current Events; Politics/Elections
KEYWORDS: miers
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1 posted on 10/27/2005 8:19:28 AM PDT by Pokey78
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To: Pokey78

Get ready for a hispanic pick.

I don't think Bush wants to be criticized for a THIRD time that he overlooked qualified hispanics for the court.


2 posted on 10/27/2005 8:22:44 AM PDT by linkinpunk
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To: Pokey78

I can't wait for the editors at National Review to start demanding the next nominee "just get an up or down vote in the Senate".


3 posted on 10/27/2005 8:23:29 AM PDT by Rokke
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Comment #4 Removed by Moderator

To: linkinpunk

Estrada would make an excellent conservative Justice. I have a feeling he was one of the candidates that said no before Dubya turned towards Meiers.


5 posted on 10/27/2005 8:25:37 AM PDT by MattinNJ (Allen/Pawlenty in 08-play the map.)
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To: Pokey78
Perhaps the most important question involved is can we get the support of the wobbly NE. Republicrats when the considerable propaganda machine starts in with the name calling to offend the tender psyche's of Chaffee,, Snow,Specter (etc,etc, ad nauseum)

That was the reason Meirs was nominated in the first place. You cannot go into battle unless you can count on your troops, and conservatives CANNOT count on the wobbly's to join the fight on the conservative side.
6 posted on 10/27/2005 8:25:55 AM PDT by MCCRon58 (Sticks and stones may break my bones, but words will positively destroy my sensitive inner child.)
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To: Rokke
I can't wait for the editors at National Review to start demanding the next nominee "just get an up or down vote in the Senate".

If you can't see the difference between a filibuster, and a candidate being withdrawn because W realized the votes weren't there, then you need some help with your logical thought processes.

7 posted on 10/27/2005 8:26:04 AM PDT by Rodney King (No, we can't all just get along.)
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To: Rokke

They should demand and up or down vote. Filibustering is, quite frankly unconstitutional.


8 posted on 10/27/2005 8:27:59 AM PDT by KC_Conspirator (This space outsourced to India)
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To: MattinNJ

At least the cronyism & executive privilege arguments takes Gonzales out of the mix.


9 posted on 10/27/2005 8:28:15 AM PDT by linkinpunk
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To: Pokey78
Yet some observers — especially those well-disposed to Miers's nomination — still insisted that the president would "never back down," even to correct a mistake. These observers gave the president, and Miers, too little credit. The president is strong-willed, but not willful.
I think I'll wait to see who he nominates next before opining just how non-willful he is.
10 posted on 10/27/2005 8:28:21 AM PDT by eastsider
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To: linkinpunk

Already a lot of scuttlebutt about Ted Olson......could we be so lucky?


11 posted on 10/27/2005 8:29:47 AM PDT by traderrob6
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To: Pokey78
Republicans will need only two members of the "gang of 14" who made the filibuster deal to prevail.

This is not accurate. There were actually a minimum of 11 republicans considered willing to participate in John McCain's scheme.

Republicans will need 6 to prevail. I don't think they'll get it.

That's the bad news that Frist has known all along.

Supposedly, we "know" that we have 55 Republican votes and the VP to break ties. That means we can lose only 5 votes and no more. There's no chance of picking up a democrat vote on a partyline fight.

Who are the most conservative of the McCain 7? Supposedly, we need only two of them to get a victory.

Republican Senators John McCain (Az.), Lindsey Graham (SC), Mike DeWine (Ohio), Olympia Snowe (Me.), Susan Collins (Me.), John Warner (Va.), and Lincoln Chafee (RI),

However, here's the real truth. This was the group rumored PRIOR to the actual nuclear option deal to be willing to vote AGAINST any nuclear option

(Link) Susan Collins (Maine), Chuck Hagel (Nebraska), Arlen Specter (Pennsylvania), John Warner (Virginia), Mike DeWine (Ohio), Lisa Murkowski (Alaska), John Sununu (New Hampshire)

In short, there are actually 11 Republican senators more than willing to vote AGAINST the nuclear option.

That means that SIX of the most conservative of that group must become converts.

I don't think it's possible to get anyone to the right of John Roberts confirmed, AND they will have to have nearly the same credentials and ability as Roberts.

12 posted on 10/27/2005 8:30:36 AM PDT by xzins (Retired Army Chaplain and Proud of It!)
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To: Rodney King
"If you can't see the difference between a filibuster, and a candidate being withdrawn because W realized the votes weren't there, then you need some help with your logical thought processes."

If you can't see the difference between National Review demanding that every nominee be given a fair exposure to the confirmation process and their demand that Miers not even be allowed an opportunity to explain her views in Senate hearings, than you are most likely as hypocritical as they are.

13 posted on 10/27/2005 8:30:42 AM PDT by Rokke
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To: Pokey78
Well Coulter got on the Today Show. Senators Brownback and Graham are now on the MSM favored list for being the first two to jump ship on the Miers nomination. Who cares who the next nominee is?
14 posted on 10/27/2005 8:30:57 AM PDT by shrinkermd
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To: traderrob6

That would be a good choice.

But his age is a factor. Too bad he's not 50.

Maybe we could all chip in to supply him with Growth Hormone Shots to keep him alive for 30 more years.


15 posted on 10/27/2005 8:31:21 AM PDT by linkinpunk
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To: Rokke

The democRATS are going to go nuclear on the next nomineee, giving the writers at NRO all the grist for their lazy writing mill they need.


16 posted on 10/27/2005 8:32:30 AM PDT by robertpaulsen
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To: MattinNJ
Estrada would make an excellent conservative Justice

Hm. Don't know much about his philosophy.

But he seems to have stayed in shape.

Dan

17 posted on 10/27/2005 8:32:48 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: MattinNJ

"Estrada would make an excellent conservative Justice. I have a feeling he was one of the candidates that said no before Dubya turned towards Meiers."

Was Estrada a judge before?


18 posted on 10/27/2005 8:33:11 AM PDT by EQAndyBuzz (Liberal Talking Point - Bush = Hitler ... Republican Talking Point - Let the Liberals Talk)
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To: Rokke

She was given a fair exposure to the nomination process. It was clear before the hearings that she was no good, and so W withdrew her. NRO didn't prevent her from going to the floor. The democrats were preventing nominees from going to the floor, not just voicing their opinions about how bad a candidate was.


19 posted on 10/27/2005 8:33:18 AM PDT by Rodney King (No, we can't all just get along.)
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To: Pokey78
When nominating his next pick while asking us to trust him, President Bush would do well to remember that we, the conservative people, will be following our elder statesman Ronald Reagan's advice to "trust but verify".
20 posted on 10/27/2005 8:33:33 AM PDT by GBA
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