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Hurricane Harriet Downs Power Lines Across Beltway
Opinion Journal ^ | October7, 2005 | DANIEL HENNINGER

Posted on 10/07/2005 7:35:42 AM PDT by NCSteve

With Harriet Miers's nomination to the Supreme Court, George Bush has touched off a conservative hurricane that is snapping political power lines across the Beltway as this is written. On Wednesday, the anti-Bush tempest blew into the Senate, which by a 90-9 margin voted to impose Marquess of Queensberry rules on interrogations of terrorist detainees. All those Republican defections mean that the first clear victim of the Miers nomination is the president's freedom to wage war on terror. There will be others.

How did this run out of control so fast?

We'll start, before the match was struck, with the easiest way to understand the Miers nomination: George Bush decided to nominate himself to the Supreme Court.

Harriet Miers is to be George Bush's surrogate on the Court. Through her he guarantees, to the extent such a thing is possible, that he will deliver his promise to move the Supreme Court toward decisions based on the Founders "original" meaning of the Constitutional text.

(Excerpt) Read more at opinionjournal.com ...


TOPICS: Constitution/Conservatism; Government
KEYWORDS: harrietmiers; justwinbaby; miers; scotus; supremecourt
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One of the most balanced and well-written pieces I've seen so far.
1 posted on 10/07/2005 7:35:44 AM PDT by NCSteve
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To: NCSteve
I'm waiting for someone to tag this The Miers Quagmire.
2 posted on 10/07/2005 7:39:38 AM PDT by hflynn ( Soros wouldn't make any sense even if he spelled his name backwards)
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To: NCSteve

That 90-9 vote was NOT a "conservative hurricane."


3 posted on 10/07/2005 7:39:41 AM PDT by rightinthemiddle (We Self-Destruct. We Blame Bush. That'll Show 'Em!)
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To: NCSteve
I'm no Bushbot, but I'm willing to trust W on this nomination. His lower court nominations have been good, so why would he betray us on this one? Miers is definitely the anti-Souter. In the press conference he kept saying he knows her well and she would not change her position. If Miers is to the right of O'Conner, what is to complain about?

Bush may well get one or two more SC nominations before he is through. I think he wants to solidify the originalist base before he nominates someone more controversial like Janice Rogers Brown.
4 posted on 10/07/2005 7:47:31 AM PDT by BigBobber
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To: NCSteve
George Bush decided to nominate himself to the Supreme Court.

If that's the reason W did it, he needs to read up on Henry II and Thomas a Becket.

5 posted on 10/07/2005 7:54:42 AM PDT by vbmoneyspender
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To: NCSteve
Here's the money quote:

The retort to conservatives in pain over Harriet Miers is: So what? She has publicly aligned herself with Originalism, the Bork school. Her first decision will be an Originalist home run into the upper right-field deck, and all this abstruse caviling will fade. With the Court still split 5-4, you need the Bush guarantee: "She knows the kind of judge I'm looking for." Just win, baby. The Left has it coming.

Gosh I like it when other people say what I've been saying. :D

6 posted on 10/07/2005 8:06:06 AM PDT by Crush T Velour
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To: NCSteve
Mr. Bush failed to distinguish between a political policy and a political institution.

Well done. Worth reading.

7 posted on 10/07/2005 8:06:34 AM PDT by aBootes
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To: NCSteve
Agreed. This is the best explanation of conservative dissent advanced thus far. I especially like the conclusion: With the Miers nomination the Court remains a political Colosseum. We'll win, but the price is a politics of permanent payback.
8 posted on 10/07/2005 8:07:16 AM PDT by SolutionsOnly
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To: Crush T Velour
you need the Bush guarantee: "She knows the kind of judge I'm looking for." Just win, baby. The Left has it coming.

Hm. The real money quote usually comes near the end, in this case:

"With the Miers nomination the Court remains a political Colosseum. We'll win, but the price is a politics of permanent payback."

9 posted on 10/07/2005 8:08:43 AM PDT by aBootes
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To: hflynn

Quag-meirs

was what I saw on a thread last night.


10 posted on 10/07/2005 8:10:31 AM PDT by Salvation (†With God all things are possible.†)
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To: NCSteve

A good point worth repeating is that Bush has indeed been true to his word thus far.

I don't like his stand on immigration and spending, for just two examples, but he has not lied about his stands on those.

So when he says he's positive that Meirs is an originalist, I have no good reason to think otherwise.


11 posted on 10/07/2005 8:11:12 AM PDT by Uncledave
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To: aBootes
Hm. The real money quote usually comes near the end, in this case:
"With the Miers nomination the Court remains a political Colosseum. We'll win, but the price is a politics of permanent payback."

You'd think so, but it ain't.

That depends on your acceptance of this statement:
The right answer to this is that U.S. politics is scuzzier now than during the Bork nomination. The Senate Left's destruction of Miguel Estrada's nomination proved that. Replacing Justice O'Connor with a recognized judicial conservative--which by definition means risking an occasional nonconservative decision--would have helped restore the Court as the institutional tabernacle of the Constitution.

I don't believe the nomination of 9 successive "John Roberts" would change the Democrats intent on nominating and insisting on "Ginsbergs".

Miers is an Originalist. That's what we want. Go ahead and accept your win and be happy.

12 posted on 10/07/2005 8:13:56 AM PDT by Crush T Velour
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To: Crush T Velour
I don't believe the nomination of 9 successive "John Roberts" would change the Democrats intent on nominating and insisting on "Ginsbergs".

Hm, well, no, not in this decade, at any rate. But there are such things as principles and long term views. And the by-no-means certain defeat of a first-class nominee could always have been followed by a 2nd tier choice, a la Bork and Kennedy.

13 posted on 10/07/2005 8:26:40 AM PDT by aBootes
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To: Uncledave
I don't like his stand on immigration and spending, for just two examples, but he has not lied about his stands on those.

O Rlly?!

George W. Bush on Budget & Economy

Limit discretionary spending; cut 150 non-essential programs. (Feb 2005)

Pay-as-you-go means you pay, he goes and spends. (Oct 2004)

The middle class will have to fill the Kerry tax gap. (Oct 2004) Kerry is not credible as a fiscal conservative. (Oct 2004)

Kerry will not be able to pay for $2.2T in new spending. (Oct 2004)

Bush ties growing economy to his tax cuts. (Mar 2004)

Investment and aid to states will help economy rebound. (Aug 2003)

Provides assistance to new small businesses. (Aug 2003)

Restore consumer confidence with tax cuts & new oil supplies. (Mar 2001)

Prosperity results from entrepreneurship & ingenuity. (Oct 2000)

Private sector responsible for economic boom. (Aug 2000)

Make budget biennial; reinstate line-item veto; target pork. (Jun 2000) $46B in new spending on health, education, & defense. (Apr 2000)

New Prosperity Initiative: remove obstacles to advancement. (Apr 2000)

Simplify tax code to stimulate economic growth. (Apr 1999)

Budget Deficit

Haven't vetoed any spending bills because we work together. (Oct 2004)

Will cut the deficit in half in the next 5 years. (Jan 2004)

Proposes to shrink federal budget to 16% of GDP. (Mar 2001)

Cut national debt by $2T in 10 years; leave $1.2T in debt. (Feb 2001)

Too much government spending will end prosperity. (Nov 2000)

Thank God we reinstated the line-item veto, huh?

(Prolonged eye roll.)

14 posted on 10/07/2005 10:07:27 AM PDT by Do not dub me shapka broham ("I'm okay with being unimpressive. It helps me sleep better.")
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To: aBootes
Kennedy was actually a third tier choice, believe it or not.

Judge Ginsburg-the good one-withdrew his name from consideration after the idiotic, diversionary, media-generated uproar concerning his use of a joint sometime during the Pleistocene Era.

15 posted on 10/07/2005 10:10:25 AM PDT by Do not dub me shapka broham ("I'm okay with being unimpressive. It helps me sleep better.")
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To: NCSteve
the Bush guarantee: "She knows the kind of judge I'm looking for." Just win, baby. The Left has it coming.

. . . We'll win, but the price is a politics of permanent payback.

All true, but what is the alternative? Nominate a principled conservative and have the Senate deadlock in a filibuster for the remainder of Bush's term? Try the nuclear option and have it fail? Then have every SCOTUS nominee filibustered for the remainder of eternity?

Perhaps the Democrats rightfully should have been given an ultimatum - yield on the filibuster issue or see the senate melt down. But then, their rule being rule or ruin, the Democrats wouldn't respond to that.


16 posted on 10/07/2005 10:53:21 AM PDT by conservatism_IS_compassion (The idea around which liberalism coheres is that NOTHING actually matters but PR.)
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To: NCSteve; Mo1
ARTICLE..."With the Miers nomination the Court remains a political Colosseum. We'll win, but the price is a politics of permanent payback."

This is a subtle...but sledgehammer statement.

It tells me that Bush is setting a precedent to reward close personal associates who presumably share a certain ideological or political affiliation with the President wiht a SCOTUS appointment. He is politicizing an already political SCOTUS situation..when we should be going in the opposite direction.

Paybacks a $itch baby.

If Hillary ends up in the WH someday...I hope I dont see any whining among our true blue Miers conservatives on this forum if Hillary were to nominate Bruce Lindsey to the SCOTUS.

Lets just do the right thing always...and let the chips fall where they may. Stand and fight if necessary on principle...conservative principle. Its the only way to win in the long run.

I hope our pub sneators grill this woman on Constitutional law, and if this woman is not qualified to be on the SCOTUS...reject her.
17 posted on 10/07/2005 11:06:45 AM PDT by Dat Mon (still lookin for a good one....tagline)
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To: Dat Mon
If Hillary ends up in the WH someday...I hope I dont see any whining among our true blue Miers conservatives on this forum if Hillary were to nominate Bruce Lindsey to the SCOTUS.

I'm not the one threatening to leave the party

18 posted on 10/07/2005 11:09:39 AM PDT by Mo1
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To: NCSteve; Soul Seeker
On Wednesday, the anti-Bush tempest blew into the Senate, which by a 90-9 margin voted to impose Marquess of Queensberry rules on interrogations of terrorist detainees. All those Republican defections mean that the first clear victim of the Miers nomination is the president's freedom to wage war on terror. There will be others

If I recall correctly .. the same Senators that slipped that 11th hour amendment into the Defense Spending Bill

Are also part of the Gang of 14 ... the same bunch that tied our hands a few months back with regard to the Filibuster

And if I recall .. many of us warned folks that it was a bad idea then .. because we would have a problem now

19 posted on 10/07/2005 11:15:50 AM PDT by Mo1
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To: Mo1

Neither am I.


20 posted on 10/07/2005 11:19:58 AM PDT by Dat Mon (still lookin for a good one....tagline)
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