Tuesday, October 04, 2005

the shot heard round the Sphere...

Much of the BlogoSphere has been stunned by the news of Harriet Miers' nomination to the Supreme Court. Much has been said about the President, and much has been said about the current state of the conservative movement in this country, without much of anything really having been said at all.
First there's this, which was a few days ago, but arguably needs to be read to put you in the right mindset. The second term doldrums have already started, everyone whines (all you have to do is look at the vacillating meanderings of say those at The Corner or to Hugh Hewitt's incessant and unnecessary realpolitik support of the GOP) to see that really the problem is that everyone gets up everyday and decides its time to write something about what's happened, even though I really don't know much about what has happened, or haven't thought about it very much, or talked to anyone else...
It's the Sphere's first and biggest problem. Andrew Sullivan fell victim to something similar when he attacked Miers as supposedly being part of an organization whose mission is to "cure" people of homosexuality. So far, there has been only one measured response to the Miers nomination, and frankly it is so persuasive in its' simplicity that I can't believe I didn't think about it first.
The article comes from The American Thinker, which I highly recommend, but enough of that. The author, Thomas Lifson, demands that we step back from our pajama clad refuges and realize that there's more at work here than we care to admit. The President is not an ignoramus, as many of his enemies and allies have been led to believe. He was educated at Harvard Business School, which apparently among other things, emphasizes group dynamics, and while yes, I would have preferred the President nominate Janice Rogers Brown or Luttig or McConnell, he has chosen someone whose abilities she brings to group will make her the most valuable member of the US Supreme Court. I don't Scalia or Thomas or even Roberts bending over backwards to help fulfill the needs of the group, or getting Ginsburg tea or any of the things that a woman of Miers capabilities will be able to do: breakdown the personal and emotional barriers that many of those on the court have against the other side.
Let us also not forget that nominations to the Supreme Court are political calculations. Bush is almost certainly aware of the fact that by disappointing those on the Left who secretly yearned for Brown or Luttig or Estrada nomination he has succeeded in only making them more pissed off. "How dare the President nominate his personal lawyer, how dare he subject the nation to such cronyism, why, she's never even been a judge before!" Some of the best Supreme Court Justices were not judges before coming to the court, several come to mind, Byron White and Robert Jackson first instance. By pissing the Left off more, Bush forces them to do front and center combat on his terms, because they will be the ones out there scouring Miers' records for anything that they can criticize her for...you can almost sense how they're just waiting to accuse her of being a lesbian...shhhh...don't say it yet, they're not ready. Although Drudge's main headline is indeed the first signs.
Finally, Bush will almost certainly make at least one more appointment. John Paul Stevens is 85. Scalia and Kennedy are both 69, Souter is 66, Ginsburg is 72 and has had cancer, Breyer is 67. The youngest are of course Roberts who is 50 and Thomas who is 57, with Miers at 60. If Stevens makes it through to January of 2009 I'd be really, really surprised. As well with with the others. Bush will make at least one more appointment, possibly two, and possible three more. Life's little vagaries are never predictable. But this I will predict. Miers will be on the bench with a vote of at least 75-35 and possibly 80-20 and Stevens will be dead before the midterm elections of 2006, giving both Roberts and Miers time enough to prove to the conservative movement that they have the right stuff and time for Bush to nominate someone like Janice Rogers Brown or Luttig.
Now if I can only convince the administration that the way to really move forward on domestic issues is by moving forward on foreign ones, like bombing Syria for instance.

1 comment:

Anonymous said...

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