Entry: Harriet Miers withdraws her Supreme Court nomination. Thursday, October 27, 2005



I heard the news on the radio while driving this morning.  It wasn't very surprising, as it was totally obvious from the start that Miers was in over her head.  Conservatives immediately questioned her qualifications and judicial philosophy, and once word came in from the bible-thumpers that she'd probably overturn Roe v. Wade, she didn't have any Democrats on her side either.

This is probably Bush's biggest screw-up to date.  Yes; we can talk about some of his bills and actions over the past five years but he had one side or the other supporting it at any given time.  None of them received the kind of opposition that we've seen with Miers.

There's over three years left in Bush's last term.  Maybe he needed something like this to wake him up and realize that he should be drawing from his conservative base, and not by simply talking about God either.  Bush never realized that the evangelical christians were only a difference maker.  They aren't his base, and it'll take more than Roe v. Wade to comfort their worries in the wake of several ridiculous Supreme Court decisions (Kelo, anyone?)  You cannot afford to tell conservatives to "trust you", especially when it comes to a Supreme Court pick.  We have to know that this is the right person for the bench, and Miers simply wasn't that person.

I would say Bush's next pick should be Michael Luttig or Janice Rogers Brown, and if it's one of those two I might cut a flip right inside the house.  However, something tells me that Brown was probably one of those nominees James Dobson was referring to, as a couple of potential nominees that were contacted before Miers refused to be nominated.  You can't really blame Brown if that's the case, as I'm sure she was burned out from all of the attention bestowed upon her and the other nominees, and I'm sure it was a strain on their families as well.  Bush should try very hard to find a prototype, however, of those two judges.

ADDENDUM:  As Matthew Franck of NRO's Bench Notes mentions, the biggest problem stemming from all of this is that this was a waste of time:

Three and a half weeks since the Miers nomination. Nearly eight weeks since the death of William Rehnquist. And we still don't have a nominee to replace Sandra Day O'Connor, who announced her intention to retire on July 1.

Now I don't agree with the tone of Franck's post (which seems as if he's saying O'Connor was a bad justice and should be replaced immediately), the fact is that O'Connor is ready to retire, and everything should be done to allow her to do so.  It's possible that O'Connor will get tired of waiting and thus will either force the Court to be one justice short, or will force Bush to make a recess appointment until a justice can be confirmed to the bench.  Neither of those situations are adequate, so Bush needs to get to work.  He needs to get on the phone immediately and get someone nominated.

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