Yesterday, when I saw the news that Harriet Miers was withdrawing from the Supreme Court nomination process, my immediate reaction was to clap my hands and (quietly) shout "YES!" The Bush administration had executed the
Krauthammer maneuver, far sooner than I could have hoped. While some see this as a defeat and further weakening of the President, others (including me) see it as an opportunity to correct a mistake and to reunify the conservative movement behind W.
What is key is the identity of the replacement nominee. Alberto Gonzales would be a mistake, and unless W's stubbernness outweights his judgment, that won't be his choice. Gonzales would re-splinter the conservative movement; the right wingers would vote against him. Meanwhile, the Left would use Gonzales' positions on Gitmo, torture, and the global war on terror as a reason to oppose him.
When Justice O'Connor first announced her retirement, I thought that the nominee would be one of four people. Michael Luttig or John Roberts because of qualifications, ability, and age; Emilio Garza if Bush wanted a Hispanic; or Edith Jones if he wanted a woman. Roberts is now on the court. Luttig would still be an excellent choice if ethnic and gender diversity are not considerations. Edith Jones' biggest downside (assuming Bush really wants to name a prolife conservative) is her age, but Harriet Miers is also 60. Garza would still be a good choice. McConnell and Wilkinson are well qualified for the court. Wilkinson seems a little more moderate that the others I've mentioned; McConnell has written much that will be cause for debate.
And debate is not a bad thing. Stealth nominees are not safe nominees. Bush was elected after promising to choose justices with a certain judicial philosophy. If there's to be a filibuster battle, so be it.
I don't think he should choose Janice Rogers Brown, though. Her positions would be too easy for the Left and their fellow travelers in the media to caricature (the New Deal unconstitutional?). She would be made to appear on the lunatic right wing fringe. It would be a Mega-Borking.
The name of Judge Samuel Alito seems to be making the rounds. I don't know much about him. I've read some of his opinions on the Web, but I still don't have a good feel for him.
Anyway, I think Bush needs to choose someone who appears qualified for the Court, with some relevant experience; and someone who has a judicial philosophy, expressed in opinions or in writing, that reflects respect for the meaning of the constitution and the intent of the framers. He may well choose someone I've never heard of.
In the Washington Post, Eugene Robinson
writes:
So now the president has two choices. He can up the ante and give them somebody like Alberto Gonzales, who has a record of (gasp!) sensible moderation but also possesses impeccable qualifications -- and whose nomination would delight the nation's biggest minority. Or he could do the prudent, realistic thing and cave to the sledgehammer rightI think, as do others, that the "sledgehammer right" is just itching to get behind Bush again, and that this is just what Bush needs. When I read that piece, I couldn't get the Peter Gabriel
songout of my mind. But the song says "I'll be anything you need," and that is not what the Sledgehammer Right will do, as evidenced by the Miers fiasco. The Sledgehammer right will go to bat for Bush (OK, I'm mixing metaphors here) when Bush is working within the principles of the right. For the right, loyalty to principle is more important than loyalty to Mr. Bush. They want to support W, but it's not "W, right or wrong."
The next nominee, combined with outrage over Fitzgerald's indictment of Libby, could energize the right wing coalition. They can't wait to say (thanks to
Bogus Gold, and to
Hugh Hewitt for the link, "We're putting the Band back together."
Still, another line from the Blues Brothers (one of my favorite "guilty pleasures" movies) illustrates the problem with the right wing coalition. When Jake and Ellwood tell their fellow musicians that they're putting the band back together, they say "we're on a mission from God." And that is troubling to some. Bush's conservative backers include libertarian conservatives ( I am mostly in this camp, though I'm not a Cato Institute absolutist) and religious conservatives. Many of the former like low taxes, deregulation, and the like. But they are uncomfortable with some of their Religious Right allies, who truly feel that they are on a mission from God. They may agree on economic matters, and in the area of foreign policy; but the libertarians are concerned that the evangelicals will use the power of government to impinge on people's freedom. And the push for the mandated teaching of "intelligent design" in the public schools doesn't help.
Reagan held the coalition together, and so did W, for awhile. But it's an uneasy alliance. Not that the Left is any more unified.
This post is losing coherence, so I'll sign off for now.