Strengthening Constitutional Self-Government

No Left Turns

Miers roundup

Here’s a WaPo profile from June, when she was White House counsel. Here are two profiles from today’s papers. She’s clearly enjoying a bit of a honeymoon in the press, perhaps in part facilitated by conservative discontent.

These analyses suggest a nomination made from political weakness, as if the President couldn’t afford the "distraction" of a fight with Democrats over this nomination. If there’s any "Rovian cleverness" at work here, it’s that conservative discontentment could make liberals more willing to embrace Miers. But my expectation remains that Senate Democrats and their interest group allies will not pass up the opportunity to revisit what they regard as embarrassments and/or hot buttons in the Bush Administration’s record. Because Miers was in the White House the whole time, they can dredge everything up, not so much to defeat her (that would be a bonus) but to make as much political hay as they can. And the less they find in her personal record, the more they will take this other road.

After reading everything this morning, I’m even more convinced that Miers will play reasonably well in red regions outside the Beltway: she looks like an evangelical social conservative and will have plenty of credible testimonials on her behalf. On this front, I wonder whether Democrats and their allies will fall for the temptation, as they did with Roberts, to make her religion an issue. They do so, I think, at their peril.

Discussions - 5 Comments

Is it possible that Harriet Miers is a sacrificial lamb? Since whoever was chosen would be savaged, she is willing to be slaughtered as a sort of "forlorn hope." Blood sacrifice over, the President can then introduce a nominee of more proven conservative credentials who will pass through the process with the press saying, "Well, at least she’s better than Miers, who was a clear political choice, merely a Texas crony."
And if she does somehow survive the rape, Bush must know her well enough to know that she will do what must be done on the court - conservatives will be happy in the long run. I can not help but think she must be a very courageous person to even show up for this. It has been made very clear in the press that the battle over this will be nasty for whomever is brought forth.

Joseph:

I can’t get enthusiastic about this pick, obviously, although the weakest critique is that she has no judicial experience. I do worry about how robust and articulate her concept of the judicial role is, however. I suppose she’ll have some time to think about it.

Can’t resist this (sorry): can you give Justice Ginsburg any props for being prescient?

Brett,

Prescient about what? Almost everyone expected, eagerly or resignedly, that he’d nominate a woman or an Hispanic.

"Not just any woman will do."

Prescient is probably too much.

(I was trying to make a joke. I know you don’t like Ginsburg. . .)

O.K., I’m a humor-impaired pundit/blogger, which doesn’t give me much of a future, does it?

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