The Way It Could Have Gone Down

Considering the information in the last post, it's really hard to gage where this nomination stands. But I wanted to present a quote from Fred Barnes' latest in The Weekly Standard. True, President Bush bears some responsibility for "misunderestimating" the reaction of his base with this nomination. But that reaction, while understandable, has been more than a little unfair. As Barnes explains:

Bush supporters who were angry over Miers should have waited. That's the bottom line. Rather than bellow that Miers isn't qualified and won't turn the Court to the right, they should have given her a chance to prove her conservatism at the hearings. They owed Bush at least that much. Of course it's not too late for Miers, in her testimony, to change their minds. But my fear is that the rift the Miers nomination opened between Bush and his (mostly conservative) followers will be slow to heal. It shouldn't have been this way.

While I have never said that I definitely believe Miers should be confirmed, I have argued strongly that she should at least be given the benefit of a hearing. If after that time, her opponents are still adamantly against her I'll likely join them. But the overall reaction combined with the way it's been handled by the White House has made me wonder if having Harriet Miers withdraw her nomination wouldn't be the least painful course for this process to take. It's a shame that I feel that way, but I do.

UPDATE: 4:00pm
If Miers does withdraw, it will be interesting to read the reaction of some of the most vocal opponents.

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Miers Testimony: The Other Shoe Drops?

Drudge is breaking news of testimony given by Harriet Miers that she considers the Federalist Society "politcally charged" but not the NAACP. And that she once belonged to the Liberal "Democratic Progressive Voters League".

It's getting ugly out there.

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Rove To Dobson: Some Candidates Took Themselves Out Of The Running

The Washington Times is reporting that James Dobson, of Focus on the Family, is revealing the "sooper sekret" things that Karl Rove told him about Harriet Miers. Here's the most significant:

"Well, what Karl told me is that some of those individuals took themselves off that list," he said, according to a transcript obtained last night. "They would not allow their names to be considered because the process has become so vicious and so vitriolic and so bitter that they didn't want to subject themselves or the members of their families to it."

It probably didn't help that they had good reason to believe that the seven GOP members of the "Gang of 14" in the Senate wouldn't have stood up for them.

Nice. If this is true then it sheds a little bit of light on this situation.

Update: 10:00am
AJStrata noticed this same juicy bit and weighes in.

Folks, if this is true there are going to be some really red faces on the Hill, at NRO and at Redstate. If they went out on a political lynching because their heros decided not to get pummeled - instead pummeling George and Laura plus Harriet - then those of us who were being cautious will be completely vindicated. I had heard or read somewhere the Janice Rogers Brown, my preferred nominee, had declined since she had just been through the brutal confirmation process and had no interest to drag her family through it again. I doubt she is looking kindly on the anti-Miers crowd right now.

I've seen many of the Big names in the 'sphere look at this Washington Times story and all they seem to be focusing on from Dobson's comments is that Rove told him Bush was looking for a female replacement for O'Connor. They are strangely silent on this other point (about judges opting out of consideration). Although it shouldn't come as any real surprise since many of them would look foolish if this turns out to be the case.

Update II: 1:15pm
It is true, White House confirms.

"the White House acknowledged that some of the people the president considered for the seat of retiring Supreme Court Justice Sandra Day O'Connor didn't want to go through the grueling confirmation process, and asked that their names be withdrawn."

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The Miers Debate

At the risk of seeming stuck on this one topic, I wanted to post this excellent site that lays out every single argument for and against Harriet Miers including the sources of most of them. They're even broken down into "solid" arguments and "questionable" arguments.

If you're inclined to invest the time, be advised that both lists are extensive.

Thanks to Hugh Hewitt for featuring this resource.

UPDATE: 12:00pm
Pundits and Bloggers aside, it looks like the rank and file "base" is supporting the nomination - albeit cautiously.

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Karl Rove: Political Genius or Careless Moron?

Karl Rove has my head spinning here. Love him or hate him (count me among the butt-smoochers), he is quite possibly the most disciplined political operative since Mark Hanna engineered a Republican realignment for William McKinley in 1896. Now the Wash Times is reporting - in an article that highlights dodgy support for Miers in the Senate, at best - that James Dobson of Focus on the Family got assurances from Rove about Miers:

James Dobson -- founder of Colorado-based Focus on the Family and an influential social conservative -- endorsed Miss Miers after a conversation with Bush political strategist Karl Rove. Such conversations have raised concerns that the White House is making assurances as to how Miss Miers would rule on certain cases -- a situation that many think would compromise her independence if she was confirmed to the court.

Senate Democrats, assisted by the always unreliable Arlen Specter, are now calling for Dobson to testify at Miers hearings as to exactly what Rove told him.

OK, based on what we know of how Karl Rove likes to set traps for Democrats that they always seem to fall into, is this recent turn of events by design or purely accidental? Honestly, Rove had to know that Dobson, as the leader of huge lobby group with his own radio show and an inflated sense of self-importance, would open up his big mouth. This kind of sloppiness is extremely out of character for him.

Maybe I'm giving him way too much credit here, but I have to agree with Robert the Llama Butcher that this whole nomination as it's playing out seems to be part of a larger strategy.

I mean, c'mon. Rove feeds assurances to Dobson and Dobson in turn publicy tries to sooth his doubtful followers, prompting Democrat suspicion? It's just TOO easy.

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Realities Facing Bush

Alexander McClure at Polipundit examines some of the political realities in the Miers case that probably led to this pick. My favorite: "We have placed ourselves in the same litmus test world as the Democrats have, but from the opposite end. This is not good."

Check out the whole list here.

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"Splitting" Of Conservatives Into Factions Is Troubling

The Anchoress looks at the divisions over the Miers nomination, using the old boxing analogy.

I think Miers is a punching bag meant to strengthen the backs and spines of the GOP, in order to get ready for a big match. I don’t think Bush, managing things from the corner, expected his trainers to take the sparring to a TKO level. If they knock her out, the GOP Senate will not have been strengthened - they will continue to cower and duck and bobble and weave - but everyone else will have been weakened; the president, the next “acceptable” nominee, the conservative pundits who have sneered at their own audience, the conservative movement as a whole…and ultimately the nation.

I heartily agree that the rumbles on the Right mirror an elitism usually reserved for the hard Left. The feelings and emotions of those upset by who was not picked and can certainly understand. But the whiny foot-stamping that clearly only helps the Democrats I cannot.

It should be interesting to look at the Sunday morning show round-up.

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Is Bush Trying To Make The Senate GOP Put It's Money Where It's Mouth Is?

Baldilocks has an interesting theory about the President's nomination of Harriet Miers.

I'm betting that President Bush is doing what he usually does: call people out. Why should he put a Janice Rogers Brown up to be savaged by the Democrats if the Senate GOP isnÂ’t willing to stand with him and give Brown cover? If they can't hang, then whose problem is that? The president might as well put me up for nomination.

My predictions: if Harriet Miers is lucky enough to make it through the judiciary committee, she will be voted down by the full senate. Then what? Following the rejection, President Bush makes a phone call to Senator Frist and asks: “now are you willing to fight for the type of candidate that you claim to want?”

Then again, I could be wrong. :-)

Hey, it's as good as any theory I've heard yet.

Also, on a related note: Robert Bork doesn't even like Miers. Sheesh!

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More "RINO" Rage

Cassandra at Villainous Company takes on those Miers whiners. Quite well, in fact. And she uses bell curves and other stat thingies. What's not to like? A long post, but well worth reading.

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That $%$&#*@ McCain!

Though the veins on Mark Levin's forehead are still throbbing incessantly, he acknowledges the role that the John McCain's "Gang of 14" may have played in the Miers nomination by keeping the judicial filibuster tactic alive. more...

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I've Got Your "Base" Right Here

Wow. You want hostility? I'll give you hostility. Beth at My Vast Right Wing Conspiracy has had it up to here with George Will. And she has a few choice words for those shrieking Conservatives throwing hissy-fits over the Miers nomination.

Not for the faint-hearted or profanity-averse. But an excellent post. When folks on the Right say "we" elected George W. Bush, they need to remember that 62 million Americans voted for him and that number represents a very diverse group.

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Quote Of The Day

From James Lileks, on the Conservative punditry:

TheyÂ’re never happy nowadays. These were the people who caught a whiff of Souterism in John RobertÂ’s nomination, and wouldnÂ’t be happy unless a nominee announced his intention to back Souter into a corner in the cloakroom and give him a turbo-wedgie every day.

That visual is absolutely killing me here.

Hat Tip to Hugh Hewitt

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Conservatives Won't Trust Bush, But They'll Trust The Senate?

It's been several days since the President nominated Harriet Miers for the Supreme Court and many Conservatives are still fuming. George Will's op-ed yesterday, while well argued, was a shot across the White House's bow that may have made the situation worse by handing Democrats plenty of non-ideological arguments that they can use during her confirmation hearings.

The emotion being felt on the Right is understandable, but as we move forward I think we need to step back a bit and do some serious reflection over this matter. There are a lot of things about Miers that we do not know, true. But there are many things about this whole process that we also do not know. more...

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The "Strategery" Of Harry Reid

One of the biggest gripes I've been reading around the Conservative Blogosphere the last couple of days is about the praise that Sen. Minority Leader Harry Reid has been heaping on Harriet Miers. The rationale seems to be "Look! If Reid likes her, Bush really looks like a fool!" Frankly, a lot of folks on the Right would much rather see Reid lose his shit on the Senate floor over a nomination.

Well, guess what people? Reid knows this all to well and he's playing it to the hilt. He gushed even more about Miers yesterday. I'm sure his hope is that if he can goad the Right into doing his job for him, by discrediting her, his battle is half won. Hell, maybe the Republican Senators can make better arguments against her than Democrats can.

Who cares if Reid says he "likes her"? He said he "liked" John Roberts only minutes before he voted against him. All Reid is doing is setting Miers up so he can later say, "Gee, I did like Harriet Miers until it become clear to me that she [fill in the complaint here]. It's such a shame I can no longer support her nomination."

This is a game that Harry Reid and the Democrats are starting to figure out how to play. Should we really be helping him? The die is cast. Miers is the nominee and that's not going to change. It seems foolish to be ripping her this early in the process. Vent if you will, but remember that what you say can and will be used against her during the hearings.

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"Grounding" The Court

Texas Senator John Cornyn has on op-ed in OpinionJournal.com this morning in support of Miers. He brings up several aspects of her resume that have been thus far overlooked.

And he makes an interesting point that reinforces what folks like "the Great One" Mark Levin have been saying recently about the courts in general and SCOTUS in particular (see Levin's excellent book "Men In Black"):

It is true that she was not educated at East Coast universities and has not spent her entire career inside the Beltway. This, again, is a plus in my book, not a minus. Anyone who has followed the Supreme Court in recent years knows that what the institution needs most is a dose of life beyond Washington. Last year, the court permitted a public display of the Ten Commandments in Texas, but not in Kentucky. It took nine justices on the court 10 different opinions to explain why this was so. The court is dangerously out of touch with America. Ms. Miers will help bring it back down to earth.

I think as we learn more about Harriet Miers, such fierce opponents as Levin may get a better comfort level with her. Of course, I'm not holding my breath.

UPDATE: 10:20am
Tony Blankely is reluctantly signing on.

As in life, so in politics, if one seeks disappointment one will surely find it. And conservatives have not had to look hard this week to find the gloom. But it is the disappointment of an unrequited ardor, of a not yet fully consummated passion. Such youthful vigor inevitably finds its satisfaction.

Consider, in the alternative, the deeper disappointment that liberals contemplate in this dreary autumn of their aspirations.

The last remaining champions of their principles sit aged and infirm on the high bench -- their former brilliance now brittle and susceptible to being chiseled and crumbled by even the most modest conservative laborers.

Victory may not be heroic, but it will be ours.

Again, let's go "big picture" here.

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Doubting Thomas

Drudge links this 1991 National Review article that actually refers to Clarence Thomas as "Souteresque". WTF?

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Tuesday Morning Perspective From Patrick Ruffini

Are conservatives not seeing the forest, here? Pat Ruffini lays it out the way he sees it:

Some would prefer a nominee in a more esoteric, elitist, or eccentric mold, with the penmanship of a Scalia. Harriet Miers will not be the flashiest Justice – but nor will she make leaps of logic that sometimes lead her in unconservative and unpredictable directions (see McConnell on polygamy, or Scalia on pornography). This is not the time to act like preening Ivory Tower elitists, but to call Harry Reid's bluff. Miers will cast the votes that O'Connor wouldn't. And that's all that matters.

Here's what I know: more...

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Is Harriet Miers A "Trojan Horse"?

Taking what Dick Cheney told Rush Limbaugh today ("Trust Us") along with the myriad of opinion on this nomination and mixing it in with what I have observed of Bush over the last five years, I have a whacky theory here.

Bush knows Harriet Miers as well as anyone. She was his personal attorney. Through their friendship (and under the protection of the Attorney-Client privilege) I would imagine that they've discussed every political issue under the sun as it relates to the judiciary.

She has no paper trail. Conservatives are losing their minds. Liberals are breathing a sigh of relief.

What if...

Harriet Miers gets confirmed without having to reveal any opinion on any particular case - thanks to Roberts. Then, once on the bench for the rest of her life, she goes full Right-Wing Ninja?

Just a thought. This White House doesn't do anything without considering the long-term implications. Five years from now, will Miers be the new "darling" of Conservatives on the Supreme Court, surpassing even Scalia and Thomas?

Hey, it's the only thing that makes sense. It's so...Rovian!

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Revolt On The Right?

Wow. This one seems to be melting down fast. It's becoming more and more apparent that Miers may be unacceptable to enough Conservatives as to lead to a rejection in the Senate. The comparisons to LBJ's nomination of Abe Fortas are flying fast and furious.

Michelle Malkin has the best round-up and Memeorandum has many, many links.

It's starting to look to these eyes that this was a tremendous political blunder if for no other reason than the position this will put GOP Senators in. After lambasting Democrats for voting against Roberts on purely ideological grounds, many Republicans in the Senate will look like they are doing exactly the same thing (though to put this in perspective, Miers' lack of experience as a judge is a major factor as well).

This is probably worse than a Gonzales nomination. If Dems are smart, they will just step back and let this play-out. Of course, since they aren't they're sure to jump right in.

Ouch. Can we get a "do-over" here?

UPDATE: Drudge reports Miers gave $$ to Clinton/Gore. The final nail?

UPDATE II: Confirm Them "confirms" that the above is just a false rumor. While she did give to Gore in '88, she never gave to Clinton.

It seems Miers is a recovering Democrat like myself.

All this hysteria reminds me of that scene in Airplane, when the flight attendant announces that they're out of coffee.

UPDATE III:
Hugh Hewitt and BeldarBlog are appealing for calm. Their perspectives are very well worth considering.

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Initial Buzz On Miers

It will take a little while for the smoke to clear and be able to look at this one with some perspective, but the initial reaction from Conservatives ranges from confusion to outrage.

Keep in mind that in the first hours (and even days) following the announcement of Roberts there were similar rumblings of discontent (remember how apoplectic Ann Coutler got?). That Miers is a Conservative is not really in doubt. But the general feeling I'm getting from the Right side of the Blogosphere is that this was a blown opportunity to appoint someone in the Scalia/Thomas mold and that it's at best 50/50 that Bush will get a chance to make an third appointment before his term runs out.

This is going to be an interesting week.

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