Earlier today I looked at how things might go well and how they might go ill with the Harriet Miers nomination.
Now here’s what I want to happen. . . .
It depends.
IF Harriet Miers (a) is willing to overturn The Evil Decision and (b) willing to vote that there is NOT a right to homosexual marriage in the Constitution THEN I want her to be confirmed.
I’m not happy about the situation, but that’s what I want to happen.
On the other hand,
IF Harriet Miers fails to meet conditions (a) AND (b) THEN I want her not to be confirmed. That can happen two ways:
1) Things get so bad that the Senate refuses to confirm her.
2) Things get so bad that Bush withdraws her nomination.
I don’t care which.
I wish that I could be more concrete about what I want, but in the absence of knowing where Miers is with respect to (a) and (b), I can’t. I can only offer a conditional expression of my desires.
I’m hacked about being in such a situation, and–frankly–I find it ABSURD.
This "Don’t ask, don’t tell" policy on abortion that recent Republican presidents have been following with respect to Supreme Court nominees is absurd. Democrats don’t follow that when they’re in office, and as a result, they get the kinds of justices they want (Breyer, Ginsburgh).
By contrast, look at the Lame-Os and outright Evilfolk that Republican presidents have stuck us with:
- Warren Burger (original vote FOR the Evil Decision)
- Harry Blackmun (AUTHOR of the Evil Decision)
- Lewis Powell (original vote FOR the Evil Decision)
- John Paul Stevens (voted to uphold the Evil Decision)
- Sandra Day O’Connor (voted to uphold the Evil Decision)
- Anthony Kennedy (voted to uphold the Evil Decision)
- David Souter (voted to uphold the Evil Decision)
Now compare this list to the GOOD (or semi-good) justices that have been nominated by Republican presidents in the same timeframe:
- William Renhquist (original vote AGAINST the Evil Decision)
- Antonin Scalia (voted to overturn the Evil Decision)
- Clarence Thomas (voted to overturn the Evil Decision)
So it’s 7 to 3.
That’s a DIRT POOR batting average, fellas.
And in recent cases, it’s faciliated by the "Don’t ask, don’t tell" policy.
Overall, it’s been facilitated by Republican presidents not INSISTING that only originalists be put on the bench.
Some allowance can be made for the fact that, thirty years ago there was no Federalist Society and no organized originalist movement, but that’s still a DIRT POOR record, and there is no reason for it to continue today.
Not when there are tons of good originalists out there to pick from.
Not when Republicans have 55 seats in the Senate.
The president is playing with fire.
These nominations are WHY he won both of his elections. If pro-lifers were taken out of the equation, he would have been defeated both times. These nominations are THE THING he was sent to Washington to do, and at the moment he’s giving every appearance of fouling them up.
This is NOT inspiring to his base, and his presidency will founder if ANY of them go the wrong way. His base will simply desert him and he will be unable to accomplish anything in the remainder of his second term, with even more notably diminished capacity to do anything after the punitive 2006 elections take their toll on the Republican Party.
Unless Bush is playing the "How things could go well" scenario and has secret, insider information that BOTH Roberts AND Miers meet conditions (a) AND (b) then this stealth candidate strategy is not only DANGEROUS and UNNECESSARY, it’s also utterly PUSILLANIMOUS.