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Miers' Qualifications Are 'Non-Existent'
Human Events ^ | October 3, 2005 | Patrick J. Buchanan

Posted on 10/03/2005 1:30:05 PM PDT by Irontank

Miers' Qualifications Are 'Non-Existent'

by Patrick J. Buchanan Posted Oct 3, 2005

Handed a once-in-a-generation opportunity to return the Supreme Court to constitutionalism, George W. Bush passed over a dozen of the finest jurists of his day -- to name his personal lawyer.

In a decision deeply disheartening to those who invested such hopes in him, Bush may have tossed away his and our last chance to roll back the social revolution imposed upon us by our judicial dictatorship since the days of Earl Warren.

This is not to disparage Harriet Myers. From all accounts, she is a gracious lady who has spent decades in the law and served ably as Bush’s lawyer in Texas and, for a year, as White House counsel.

But her qualifications for the Supreme Court are non-existent. She is not a brilliant jurist, indeed, has never been a judge. She is not a scholar of the law. Researchers are hard-pressed to dig up an opinion. She has not had a brilliant career in politics, the academy, the corporate world or public forum. Were she not a friend of Bush, and female, she would never have even been considered.

What commended her to the White House, in the phrase of the hour, is that she “has no paper trail.” So far as one can see, this is Harriet Miers’ principal qualification for the U.S. Supreme Court.

What is depressing here is not what the nomination tells us of her, but what it tells us of the president who appointed her. For in selecting her, Bush capitulated to the diversity-mongers, used a critical Supreme Court seat to reward a crony, and revealed that he lacks the desire to engage the Senate in fierce combat to carry out his now-suspect commitment to remake the court in the image of Scalia and Thomas. In picking her, Bush ran from a fight. The conservative movement has been had -- and not for the first time by a president by the name of Bush.

Choosing Miers, the president passed over outstanding judges and proven constitutionalists like Michael Luttig of the 4th Circuit and Sam Alito of the 3rd. And if he could not take the heat from the First Lady, and had to name a woman, what was wrong with U.S. appellate court judges Janice Rogers Brown, Priscilla Owens and Edith Jones?

What must these jurists think today about their president today? How does Bush explain to his people why Brown, Owens and Jones were passed over for Miers?

Where was Karl Rove in all of this? Is he so distracted by the Valerie Plame investigation he could not warn the president against what he would be doing to his reputation and coalition?

Reshaping the Supreme Court is an issue that unites Republicans and conservatives And with his White House and party on the defensive for months over Cindy Sheehan and Katrina, Iraq and New Orleans, Delay and Frist, gas prices and immigration, here was the great opportunity to draw all together for a battle of philosophies, by throwing the gauntlet down to the Left, sending up the name of a Luttig, and declaring, “Go ahead and do your worst. We shall do our best.”

Do the Bushites not understand that “conservative judges” is one of those issues where the national majority is still with them?

What does it tell us that White House, in selling her to the party and press, is pointing out that Miers “has no paper trial.” What does that mean, other than that she is not a Rehnquist, a Bork, a Scalia or a Thomas?

Conservative cherish justices and judges who have paper trails. For that means these men and women have articulated and defended their convictions. They have written in magazines and law journals about what is wrong with the courts and how to make it right. They had stood up to the prevailing winds. They have argued for the Constitution as the firm and fixed document the Founding Fathers wrote, not some thing of wax.

A paper trail is the mark of a lawyer, a scholar or a judge who has shared the action and passion of his or her time, taken a stand on the great questions, accepted public abuse for articulating convictions.

Why is a judicial cipher like Harriet Miers to be preferred to a judicial conservative like Edith Jones?

One reason: Because the White House fears nominees “with a paper trail” will be rejected by the Senate, and this White House fears, above all else, losing. So, it has chosen not to fight.

Bush had a chance for greatness in remaking the Supreme Court, a chance to succeed where his Republican precedessors from Nixon to his father all failed. He instinctively recoiled from it. He blew it. His only hope now is that Harriet Miers, if confirmed, will not vote like the lady she replaced, or, worse, like his father’s choice who also had “no paper trail,” David Souter.


TOPICS: Constitution/Conservatism
KEYWORDS: bitterpaleos; buchanan; harrietmiers; miers; scotus; supremecourt
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To: slyfoxvirden
rat's patootie

You're talking about Pat, right? Describes him perfectly.

21 posted on 10/03/2005 1:38:14 PM PDT by auboy (Alabama The Beautiful)
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To: Irontank

PAt Pukechanan, about as relevant as bill clinton's curved prick.


22 posted on 10/03/2005 1:38:45 PM PDT by MAD-AS-HELL (Put a mirror to the face of the republican party and all you'll see is a Donkey.)
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To: Irontank

Buchannan the guy who ran for president on a raise taxes platform.


23 posted on 10/03/2005 1:38:45 PM PDT by JLS
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To: CharlesWayneCT
I feel better knowing Pat doesn't like her

You shouldn't...as Buchanan wrote...Bush blew an opportunity that may not present itself again...and in doing so, showed that his campaign statements that he was looking to nominate a Justice in the mold of Thomas or Scalia were nothing but empty campaign promises. Why, with a Republican President and Senate, are we reduced to just "hoping" that she'll be OK? This should have been a day when we were rejoicing and DUmmies were screaming

24 posted on 10/03/2005 1:39:02 PM PDT by Irontank (Let them revere nothing but religion, morality and liberty -- John Adams)
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To: Irontank

Ha Ha Ha! If Pat is against her, she must be alright.


25 posted on 10/03/2005 1:40:01 PM PDT by COEXERJ145 (Cindy Sheehan, Pat Buchanan, John Conyers, and David Duke Are Just Different Sides of the Same Coin.)
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To: JLS
She can be all bad if Buchannan is against her.

Well it's been his Brigades and the McCainiacs who have been railing against her all day long. I'm getting sick of their unfounded negativity .

26 posted on 10/03/2005 1:40:48 PM PDT by SuziQ
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To: Irontank

I seldom ever agree with Pat Buchanan anymore, but on this one, (I will give credit where credit is due) Pat is dead on right.


27 posted on 10/03/2005 1:40:51 PM PDT by Babu
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To: spyone

You need to go back and watch the tapes of Specter's chairmanship of the Roberts hearings.

He did surprisingly well. Bush has Specter by the shorties, not vice versa.


28 posted on 10/03/2005 1:41:08 PM PDT by Terpfen (Bush is playing chess. Remember that, and stop playing checkers.)
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To: Irontank

"Wait and See" mode on Roberts and now Miers.


29 posted on 10/03/2005 1:41:12 PM PDT by lilylangtree
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To: Irontank

The President NOW has his "Read My Lips, No New Taxes" moment.

He is done for the rest of his term.

Move on to 2008 folks.


30 posted on 10/03/2005 1:41:48 PM PDT by indianrightwinger
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To: conservativewasp
her old Dem roots do

Why?

I realize this may come as a shock to you, but many of us on this board have Democrat roots....Up until about 20 years ago, it was the only choice you had in many southern states.

People can (and do) see the light!
31 posted on 10/03/2005 1:42:48 PM PDT by TexanByBirth
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To: Prime Choice
Ooo...links to supporting evidence of this?

Google his bio. (I did, but I didn't keep the links)

32 posted on 10/03/2005 1:43:28 PM PDT by Corin Stormhands (You are stuck on stupid, I’m not going to answer that question ~ General Honore)
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To: Irontank

Hey Pat, why should I listen to a dude with a chick's name?


33 posted on 10/03/2005 1:44:09 PM PDT by frankjr
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This from someone who fancies himself qualified to be POTUS despite his own rather limited resume.


34 posted on 10/03/2005 1:44:14 PM PDT by niteowl77 (A soldier's dad once again.)
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To: Prime Choice

Try this URL: http://www.law.cornell.edu/supct/justices/rehnquist.bio.html


35 posted on 10/03/2005 1:45:00 PM PDT by MortMan (Eschew Obfuscation)
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To: Babu

Current politics is the Democrats pandering to the extreme left and the Republicans pandering to the Democrats. That leaves a whole lot of conservative Republicans across this country not represented by the party they helped put and keep in office. That is why so many people are angry over this. The really sad thing is that there is no viable alternative to the 2 parties.


36 posted on 10/03/2005 1:45:01 PM PDT by sheana
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To: JLS
Buchannan the guy who ran for president on a raise taxes platform

George Bush...the President who's actually signed more spending into law than any President since the Great Society.

Maybe a President who loves to spend money like this doesn't really want a Justice like Rogers-Brown or Luttig...a Justice who actually believes there are Constitutional limits on the power of the federal government

Grand Old Spending Party?

37 posted on 10/03/2005 1:45:17 PM PDT by Irontank (Let them revere nothing but religion, morality and liberty -- John Adams)
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To: Irontank

I dislike Pat Buchanan.

But he is 100% correct on this latest Bush failure.


38 posted on 10/03/2005 1:46:38 PM PDT by tomahawk (Proud to be an enemy of Islam (check out www.prophetofdoom.net))
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To: Irontank
A paper trail is the mark of a lawyer, a scholar or a judge who has shared the action and passion of his or her time, taken a stand on the great questions, accepted public abuse for articulating convictions.

Oh piff. I'd rather have a truck driver that can interpret the Constitution than Lawrence Tribe, BS artists and Harvard law scholar extraordinaries, any day of the week.

39 posted on 10/03/2005 1:46:49 PM PDT by Decepticon (The average age of the world's great civilizations has been 200 years......(NRA)
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To: Irontank

If Buchanan is against her I tend for her...


40 posted on 10/03/2005 1:48:41 PM PDT by pabianice
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