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Starting Over (After Miers)
National Review ^ | 10-27-05 | Rich Lowry

Posted on 10/27/2005 3:39:07 PM PDT by smoothsailing

October 27, 2005, 5:07 p.m.

Starting Over

After Miers.

Within hours of the withdrawal of the Harriet Miers nomination, commentators were labeling President Bush a "lame duck." They have their analysis exactly backward. Continuing a debilitating fight with his own political base over a weak Supreme Court nominee would have hastened the day that Bush lost his political juice entirely. Withdrawing Miers is the first step toward recovery.

It shows that the White House has not lost all of its political judgment, that it has no mad design to try to govern without its most loyal supporters, and that it is still — despite all the pressure it's facing and some of the inevitable sclerosis that sets in after five years in power — supple enough to readjust after a mistake. Indeed, one of the first rules of politics is not to persist in an error for persistence's sake.

And the Miers nomination was a mistake. Some of her supporters claim that she was "borked," the famous verb created after Ronald Reagan nominee Robert Bork was taken down in a hail of misrepresentations. But it was difficult to misrepresent Miers's positions, because she had so few of them, and, as we learned in recent weeks, they often were contradictory or incoherent (against "the right to choose," and for women's "self-determination"; against the Federalist Society, and for it). No one disputed, as Miers's supporters argued, that she is kind to pets and small children and goes to church every Sunday. It's just that those are qualifications for a neighbor, not a Supreme Court justice.

Backers of Miers didn't give Bush enough credit. They argued that he would never withdraw Miers, because once he is set on a given course, he never changes direction. In this, they adopted a version of the Left's view of Bush — an unthinking political brute, lumbering on with no regard to truth or consequence. In fact, Bush adjusts. He endorsed the Homeland Security Department after opposing it, and removed Michael Brown from the head of the Federal Emergency Management Agency after praising him. Bush persists when he thinks it's right and important — say, in fighting in Iraq or in preserving his tax cuts. The Miers nomination was neither.

That's not to say that the White House didn't need nudging. When most Republican senators were either supinely supporting the nomination or snippily dismissing Miers's critics ("what business do these mere mortals have trying to affect Senate business?") or wringing their hands and resorting to mealy mouthed evasion over a nomination they privately thought was a disaster, Kansas Republican Sam Brownback was more vocal about his doubts than anyone else. If it wasn't quite a profile in courage, it was a profile in more bravery than his Senate colleagues could muster.

During the Miers imbroglio, there was much talk of a conservative crackup. But the nomination created no deep, lasting splits on the Right, despite some harsh words in the blogosphere between Miers's critics and supporters who had the attitude "My president, right or wrong." Many of the arguments used to try to bolster her nomination — practically anyone can be a Supreme Court justice; valuing top-flight credentials is "elitist" — will be quickly retired, which will be a relief since they never should have been advanced in the first place.

The Miers nomination will be forgotten as quickly as the Kerik nomination (remember it?), especially if Bush now picks a supremely qualified judicial conservative. In considering his options, Bush should roam free of the constraints of gender politics — it's quality that matters most. But a solid pick will heal only one of Bush's wounds. The gravest political threat to his presidency is that he has no popular, high-profile initiatives. The Iraq war, if necessary and right, is unpopular. His Social Security initiative is dead. His guest-worker proposal might, unlike Miers, truly fracture the Right. The initial proposal floated out of his tax-reform commission, limiting the mortgage-interest-rate deduction, is a non-starter.

After Miers, there is adjusting still left to do.

— Rich Lowry is author of Legacy: Paying the Price for the Clinton Years.

(c) 2005 King Features Syndicate    

http://www.nationalreview.com/lowry/lowry200510271707.asp    


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: bush43; lowry; miers; term2; turningpoint
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1 posted on 10/27/2005 3:39:07 PM PDT by smoothsailing
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To: smoothsailing

It is worth noting that Bush's butchering of this pick will cost us 3 separate votes this fall on abortion related rulings. Fire Andy Card..NOW!


2 posted on 10/27/2005 3:41:18 PM PDT by samadams2000 (Nothing fills the void of a passing hurricane better than government)
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To: smoothsailing
After Miers, there is adjusting still left to do.

And the adjustments can start right here:


3 posted on 10/27/2005 3:43:16 PM PDT by adamsjas
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To: adamsjas

YES YES YES

"Fifty Ways to Lose Your Freedom (Janice Rogers Brown Speech to Institute for Justice)"
http://www.freerepublic.com/focus/f-news/1510443/posts


4 posted on 10/27/2005 3:48:48 PM PDT by Stellar Dendrite ( Mike Pence for President!!! http://acuf.org/issues/issue34/050415pol.asp)
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To: adamsjas

Janice Rogers Brown The choise of this male conservative.

5 posted on 10/27/2005 3:52:14 PM PDT by dinok
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To: adamsjas

Ditto!


6 posted on 10/27/2005 3:55:26 PM PDT by Nateman (Reach out a hand to a RAT, then slap em.)
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To: All
One of the lines in the article above stated that conservatives "didn't give Bush enough credit." No, I guess we didn't. After the David Souter fiasco, I'm not sure why RINOs, Libertarians, and other anti-Christian, anti-conservative Republicans would consider asking us to give him anything at all.

Sorry folks, but the Souter nom will be the last one conservatives give blind faith for. From now on, it has to be someone of impectable creditials with a track record to prove it. Don't blame us for the Miers snafu...blame Bush and his advisers.

I gladly voted for Bush twice, and do not regret having done so. That said, with his gross mismanagement since the second term started, if he were able to run again, I would vote against him in the primary...but as a Christian to others of the faith, always vote for the GOP in the general, regardless of who it is. Outside of normal circumstances, the Republican candidate will always be the more conservative, and more sympathetic to our views. Voting for the Dems is voting for the enemy; when you stand before the Man, if you're guilty of anything, don't let voting for Dems be in that number...

7 posted on 10/27/2005 3:56:09 PM PDT by Malcolm (There's no substitute for good manners)
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To: adamsjas

Absolutely, my tagline had been captured by her already.


8 posted on 10/27/2005 3:58:08 PM PDT by Brett66 (Where government advances – and it advances relentlessly – freedom is imperiled -Janice Rogers Brown)
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To: smoothsailing

National Review will never be able to repair the rift it helped create in the Republican Party. I disagree with Rush Limbaugh. Miers withdrawl will give Democrats an advantage in 2006 and will not unite conservatives enough to stem the attacks from the left.


9 posted on 10/27/2005 4:01:32 PM PDT by caisson71
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To: smoothsailing

Janice Rogers-Brown!!! it's first and goal from the one inch line (AGAIN)

My thoughts on the Harriet Miers withdrawal...

---

"Harriet Miers nomination called back for unsportsman like conduct towards the conservatives who elected you President Bush."

"Replay first down..."

"Janice Rogers-Brown!!!!!!!!!!!!!!!!!!!! sweep right on two...."

Not only is she well-qualified, but she will win her own public relations battle through her own words... without any assistance necessary from ANYONE!

This also brings the radical hate groups like michael moore & moveon.org, etc., and blame American first senators like john kerry, joe biden, barabara boxer, hillary clinton and company into play. All these groups, their supporters and leftist senators can't hold a candle to Janice Rogers-Brown. She can take them on with 'half her
brain tied behind her back". The wacko left in the democRATic party can't touch her and will look like the wacko left fools they are trying to attack her.

DO NOT wimp out again President Bush! Your interception was called back because of a penalty... it's now first and goal AGAIN from the one inch line.

Take the enthusiasm of every college football stadium in the country on any given Saturday in autumn... that comes close to matching the emotion of support that President Bush will enjoy for selecting a nominee to SCOTUS who is a strict constructionist and will NOT make up laws based on their own personal beliefs. Janice Rogers-Brown is
the poster woman for this philosophy.

Janice Rogers-Brown!!! Touchdown for the conservatives who elected you into office!


10 posted on 10/27/2005 4:03:00 PM PDT by ajolympian2004
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To: Malcolm
Well,I suppose President Bush could nominate Charles Krauthammer, and then just call it a day.
11 posted on 10/27/2005 4:06:36 PM PDT by smoothsailing
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To: smoothsailing
Well,I suppose President Bush could nominate Charles Krauthammer, and then just call it a day.

Which would be just fine with me.

Sadly, I fear Bush is more likely to nominate the guy who cuts his hair.

12 posted on 10/27/2005 4:07:45 PM PDT by Wormwood (Iä! Iä! Cthulhu fhtagn!)
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To: caisson71

I agree.


13 posted on 10/27/2005 4:10:57 PM PDT by Howlin
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To: smoothsailing
It will be funny to see how the "true conservatives" that did their best to bork Miers, will react if the President nominates Alberto Gonzales.

Personally, it will be funny to see their implosion if Gonzales is the nominee as the fault will be squarely on their shoulders.

14 posted on 10/27/2005 4:12:08 PM PDT by COEXERJ145 (This Space For Rent.)
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To: ajolympian2004
Your post reads like a Rush Limbaugh 30 second sound bite!

I like it though, let's have the damn fight. The one thing President Bush needs right now is a fired up base.

(Janice Brown- "Put me in, Coach,I'm ready to play!)

15 posted on 10/27/2005 4:15:28 PM PDT by smoothsailing
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To: caisson71

Most Americans have a very short attention span for these type of things (as do I) and are too often mistake the immediate "crisis" of the day for actions that have staying power. If Bush nominates a Brown or Luttig, Miers will soon be forgotten. There is no fracture within the party, or at least no fracture that wasn't there pre-Miers. Conservatives will still vote conservative...for to vote third party is to simply give more power to the left. Limbaugh is right when he says that conservatives disagree on all sorts of stuff, but they still back conservatism. No harm no foul on this one.


16 posted on 10/27/2005 4:15:45 PM PDT by George Stupidnopolis
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To: COEXERJ145

"It will be funny to see how the "true conservatives"
....................................

well I guess you have labeled yourself as NOT a true conservative..nuf said you are now ignored.


17 posted on 10/27/2005 4:19:35 PM PDT by ConsentofGoverned (if a sucker is born every minute, what are the voters?)
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To: Wormwood
Sadly, I fear Bush is more likely to nominate the guy who cuts his hair.

Karl Rove? He woudn't dare!

18 posted on 10/27/2005 4:19:48 PM PDT by smoothsailing
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To: smoothsailing

"No one disputed, as Miers's supporters argued, that she is kind to pets and small children and goes to church every Sunday."

Statements like this are patronizing, snotty and unnecessary. How can they wonder why people called them "elitist?"


19 posted on 10/27/2005 4:20:39 PM PDT by USPatriette
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To: COEXERJ145

I posted the same thing on an earlier thread. I WOULD love to see them bork him and then send up one a little more liberal and so on. Then the American public will have its say.


20 posted on 10/27/2005 4:21:05 PM PDT by cksharks (ew prayers for them because they will need it.)
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To: smoothsailing
The one thing President Bush needs right now is a fired up base.

The one thing President Bush has right now is a fired up base.

21 posted on 10/27/2005 4:22:39 PM PDT by quantim (Just be glad Detroit is not in a hurricane zone.)
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To: samadams2000
What's sitting on Bush's desk in the Oval Office right now:


Things To Do

    Withdraw Miers nomination
     Nominate Janice Rogers Brown
     Fire Andy Card






22 posted on 10/27/2005 4:26:56 PM PDT by counterpunch (JRB in '05 = GOP in '06)
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To: COEXERJ145

Don't hold your breath. It won't be Gonzales.


23 posted on 10/27/2005 4:27:36 PM PDT by conservative blonde (Conservative Blonde)
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To: USPatriette
It is snotty, Coulter stooped to it as well.Plus it's a lie. I don't remember Mier's supporters ever saying she was kind to pets and small children.
24 posted on 10/27/2005 4:28:18 PM PDT by smoothsailing
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To: quantim; smoothsailing
The one thing President Bush needs right now is a fired up base.
The one thing President Bush has right now is a fired up base.
Well, we're fired up, but whether we're still Bush's base is now up to him.

 
25 posted on 10/27/2005 4:30:07 PM PDT by counterpunch (JRB in '05 = GOP in '06)
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To: smoothsailing
His guest-worker proposal might, unlike Miers, truly fracture the Right.

Ain't no 'might' about it.

26 posted on 10/27/2005 4:31:16 PM PDT by arasina (So there.)
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To: smoothsailing; Howlin; Cboldt; Map Kernow

I never argued that we should just trust Bush, that anybody could be a justice, or that valuing credentials was "elitist". I know that some did.

My argument was that some critics of miers went way over the top, they attacked her for personal views or other matters which should NOT have any bearing on a judicial nomination (like her personal positions on issues, or her political party affiliation or donations).

Worse were those who argued that Bush should be required to pick from a "short list" prepared by the conservatives who elected him, and if he doesn't the nominee should be withdrawn.

In the end, her inability to step up to the task of winning over the senators, her poor showing on her questionare, and information from speeches appeared which showed that, on constitutional issues, her positions were unclear were all that would be needed to sink the nomination.

She did not prove she was qualified, or that she had the judicial temperament to be a SC justice. She did not prove she had a good judicial philosophy, much less prove that she had a solid foundation for that philosophy.

Those were the only good reasons to thwart a nomination, and they were all we needed to argue to get this result.

But I can guarantee you that with the next nominee, the democrats and liberal interest groups will use all of those "bad" arguments above, and conservatives will be greatly limited in our ability to argue on principle against those attacks -- because too many of our own ranks used those same arguments to acheive their "noble" goal.

I want to be part of the party of principle, not the party of "whatever it takes to win".

I think this will be the last thing I say about this sorry affair.

I am not sad Miers has withdrawn. I am sad how those who I agree with philosophically handled themselves.


27 posted on 10/27/2005 4:31:52 PM PDT by CharlesWayneCT
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To: quantim
You're right, of course.

What I should have said is a fired up base flying in formation.

28 posted on 10/27/2005 4:32:50 PM PDT by smoothsailing
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To: smoothsailing
After Miers, there is adjusting still left to do.

Yeah, Rich, and your snot-nosed crew at NRO will, no doubt, try to put a gun to Bush's head over the next thing he does that gets your Fruit-of-the-Looms in a wad.

But, don't worry. Bush is a bigger man than you and Goldberg and Frum, put together. He'll still show up at your pitiful little dinners every year to give them some presidential heft.

29 posted on 10/27/2005 4:34:57 PM PDT by sinkspur (Trust, but vilify.)
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To: caisson71

"National Review will never be able to repair the rift it helped create in the Republican Party. I disagree with Rush Limbaugh. Miers withdrawl will give Democrats an advantage in 2006 and will not unite conservatives enough to stem the attacks from the left."

While I disagree with your conclusion, I'm curious about this rift. The only way any rift will persist is if people like you keep it going? The rest of us are going to go back to work.

So are you going to keep it going?


30 posted on 10/27/2005 4:39:40 PM PDT by republicofdavis
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To: COEXERJ145

"Personally, it will be funny to see their implosion if Gonzales is the nominee as the fault will be squarely on their shoulders."

No, it will be on the President's shoulders.


31 posted on 10/27/2005 4:40:23 PM PDT by republicofdavis
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To: George Stupidnopolis

There's also our national disgrace - the non-vote. Most conservatives - at least the ones i know - would not vote for a liberal Democrat, given a choice. However, not given a choice, they will stay away altogether. Disengagement of the political process is most often permanent.


32 posted on 10/27/2005 4:41:58 PM PDT by caisson71
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To: CharlesWayneCT

You practically wrote my response as well.


33 posted on 10/27/2005 4:42:31 PM PDT by republicofdavis
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To: republicofdavis

Go back to work.


34 posted on 10/27/2005 4:43:02 PM PDT by caisson71
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To: CharlesWayneCT
"I am not sad Miers has withdrawn. I am sad how those who I agree with philosophically handled themselves."
.........................................................
look Bush koolaid drinker, your holier than thou post must be your only condolence. Miers is gone - history - and you were on the wrong side - as Rush says fence sitters are just people with no true convictions. think about it.
35 posted on 10/27/2005 4:43:18 PM PDT by ConsentofGoverned (if a sucker is born every minute, what are the voters?)
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To: sinkspur

I'm having a little trouble reconciling this:

"Shut up davis. You won. Now show some manners and stop running around, rubbing it in"

with this:

"Bush is a bigger man than you and Goldberg and Frum, put together. He'll still show up at your pitiful little dinners every year to give them some presidential heft."

Maybe it's the part about manners, I don't know.



36 posted on 10/27/2005 4:44:55 PM PDT by republicofdavis
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To: smoothsailing
(This in in general and not directed at you smoothsailing)

I have a disdain for the left as much as anyone here but we shouldn't wallow in the gutter to make our points. I have seen postings and heard comments that should be below us here on FR, on radio, and other conservative venues.

We are better than this and Harriet Miers deserved better respect as a human being regardless of your opinion of her qualifications for the SCOTUS.

I expect every nominee to get a hearing and an up or down vote. That is the process we should stand up and defend.

Remember how Republicans were threatening to use the nuclear option because the Rats were blocking an up or down vote on Judicial nominee's by the president?

What we did wasn't much different in my opinion.

Do we believe in the process only when we agree with the nominee?

We loathe this behavior from the left and we shouldn't except it from our own. We will soon enter into discussion over the new nominee, lets see if we can do better this time by sticking to the facts and staying out of the gutter.
37 posted on 10/27/2005 4:45:13 PM PDT by TheForceOfOne
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To: George Stupidnopolis
Agree with your analysis here. No harm, no fowl to conservatives. However, I lost respect for several of the most strident critics of the nomination including Coulter and Krauthammer (never had much respect for Kristol).

BTW, great screen name!

38 posted on 10/27/2005 4:45:44 PM PDT by CedarDave (Life was simpler before Cindy showed up in Crawford.)
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To: caisson71

"Go back to work."

Is that supposed to be a response?


39 posted on 10/27/2005 4:46:11 PM PDT by republicofdavis
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To: ConsentofGoverned
Miers is gone - history - and you were on the wrong side - as Rush says fence sitters are just people with no true convictions. think about it.

So drop it. You won. Now, mind the manners your mother taught you and stop rubbing it in.

40 posted on 10/27/2005 4:49:30 PM PDT by sinkspur (Trust, but vilify.)
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To: caisson71
National Review will never be able to repair the rift it helped create in the Republican Party

Bush created a wedge issue out of thin air. He's the one to blame. NRO was just one of the thousands of messengers that noticed it.

41 posted on 10/27/2005 4:58:29 PM PDT by JeffAtlanta
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To: smoothsailing

Kerik wasn't a RINO, and the Director of Homeland Security isn't as important as SCOTUS, at least to most people. I'm afriad her nomination will be remebered like Nixon's for Carswell. The only consolation is hopefully Bush will nominate a conservative fire breather now.


42 posted on 10/27/2005 4:59:12 PM PDT by Democratshavenobrains
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To: COEXERJ145
It will be funny to see how the "true conservatives" that did their best to bork Miers, will react if the President nominates Alberto Gonzales.

Exactly how was she "borked"? Her views were not mischaracterized.

43 posted on 10/27/2005 4:59:51 PM PDT by JeffAtlanta
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To: TheForceOfOne
Thanks,I appreciate the disclaimer.

I stayed away from most of those threads so I wouldn't have thought you were addressing me per se.

44 posted on 10/27/2005 5:06:14 PM PDT by smoothsailing
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To: sinkspur
Yep. The snottiness was uncalled for. See posts #19 and #24.
45 posted on 10/27/2005 5:12:37 PM PDT by smoothsailing
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To: smoothsailing
I think the next candidate will either by J. Michael Luttig or Michael McConnell. I want Judge McConnell just to drive Senators Durbin, Schumer, Leahy and Kennedy nuts.
46 posted on 10/27/2005 5:16:21 PM PDT by RayChuang88
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To: counterpunch

That is so great! That Card is our achilles heal.


47 posted on 10/27/2005 5:18:44 PM PDT by samadams2000 (Nothing fills the void of a passing hurricane better than government)
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To: smoothsailing
Backers of Miers didn't give Bush enough credit. They argued that he would never withdraw Miers, because once he is set on a given course, he never changes direction.

He didn't withdrawl her nomination .. Meirs withdrew herself

Hey Rich ... You folks have won this battle .. and you can fight the next one alone ..

I didn't like it when the liberals borked our nomination .. I really don't like it when our side does it

48 posted on 10/27/2005 5:19:01 PM PDT by Mo1
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To: smoothsailing

I'm glad you read that, I put it on top of my post to make sure. :)

I would like to see the president make a good choice we all agree on. I don't agree with the president on all issues but I respect him and I support him.

I have far more issues with the Republicans in Congress who need to grow a spine and help the president and his choices easier for all of us.


49 posted on 10/27/2005 5:24:17 PM PDT by TheForceOfOne
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To: smoothsailing

Indeed, one of the first rules of politics is not to persist in an error for persistence's sake.



Well I think you got that one correct. Now what if the President takes the route of pragmatism and selects a nominee that will be acceptable to at least enough on both sides of the aisle to be confirmed? My guess is that won't be one from either the far right/left but rather someone from the middle ground.

You see he may recognize the need 'not to be persistence' but rather pragmatic as I believe he has other things he hopes to attain before leaving the office in Jan. 2009. Just a guess on my part and yours may differ. We'll know before too long.


50 posted on 10/27/2005 5:31:02 PM PDT by deport
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