Harriet Miers

The Harriet Miers nomination was an unmitigated disaster for President Bush. He alienated his base, and the administration's efforts to sell the nominee made matters worse with silly allegations of "sexism."

Conservatives were hoping for a strong signal from Bush that he would move the court to the right with this pick. The Miers appointment did not measure up to that standard. Also, the charges of cronyism came from the right as well.

George Will delivered the most eloquent and damaging critique of the Miers selection. In doing so, he blasts Bush:

"He has neither the inclination nor the ability to make sophisticated judgments about competing approaches to construing the Constitution. Few presidents acquire such abilities in the course of their pre-presidential careers, and this president particularly is not disposed to such reflections."

No kidding George. Conservatives are finally figuring this out, but unfortunately many still don't acknowledge that the President's shortcomings have been manifested in many other areas as well, most notably in connection with Iraq.

(Updated 9/27/05 by G. Orlando)

Reactions that killed the nomination:

Bill Kristol was one of the first conservatives to attack the selection. He was hoping for someone with a "distinguished constitutionalist track record." He said he was "disappointed, depressed and demoralized," arguing that "her selection will unavoidably be judged as reflecting a combination of cronyism and capitulation on the part of the president."

Right-Thinking.com calls this another Brownie-moment, as many conservatives scratch their heads over this one.

Andrew Sullivan writes:

"Just when the conservative coalition was already fracturing - over Iraq, spending, immigration, Katrina - you'd think that Bush would pick a solid base-favorite for SCOTUS. That was my assumption: something to rev up the troops, divide the country into a classic culture-war left-right battle, etc. But I was wrong. For Bush, it's all about his own power and his own decisions and his own cronies. I'm reminded of Clinton in his second term. When Bush says that his government does not practice "torture," he is doing exactly the same as Clinton did when he said he did not have "sexual relations" with Monica Lewinsky. It all depends on what the meaning of "torture" or "sexual relations" is. Ditto with Miers. The only reason I can think of for Bush to rattle his base in this fashion is the same reason Clinton decided to push his luck with a blow-job in the Oval Office: "Because I could." He picked Miers because he could. If he wasn't allowed to get his favorite crony, Gonzales, he was going to go one better. This is not to say we shouldn't give the Miers nomination a thorough and fair look. Unlike many of the Cornerites, I'm not sure yet whether she'd make a decent Justice. But, boy, does this pick remind us of who GWB is: about as arrogant a person as anyone who has ever held his office. Now the base knows how the rest of us have felt for close to five years. He had one accountability moment. He doesn't expect another."

Pat Buchanan rips the choice:

"[H]er qualifications for the Supreme Court are non-existent. She is not a brilliant jurist, indeed, has never been a judge. She is not a scholar of the law. Researchers are hard-pressed to dig up an opinion. She has not had a brilliant career in politics, the academy, the corporate world or public forum. Were she not a friend of Bush, and female, she would never have even been considered."

Buchanan follows up to argue that GOP Senators should not back Bush on the nomination.

David Frum call the selection an "unforced error." Peggy Noonan calls it a "misstep."

Ann Coulter is her usual vile self, but this time she's aiming her venom at Bush and his selection of Miers instead of liberals. Classic Coulter - "While Bush was still boozing it up in the early '80s, Ed Meese, Antonin Scalia, Robert Bork and all the founders of the Federalist Society began creating a farm team of massive legal talent on the right." She goes off the deep end in another column.

More Coulter::

"The only sexism involved in the Miers nomination is the administration's claim that once they decided they wanted a woman, Miers was the best they could do. Let me just say, if the top male lawyer in the country is John Roberts and the top female lawyer is Harriet Miers, we may as well stop allowing girls to go to law school."

Key Decisions and Writings:

Frankly, there aren't any. Many called John Roberts a stealth nominee, but his writings were prolific next to the sparse record of Harriet Miers. He was also acknowledged as on of the most brilliant legal minds of his time by both conservatives and liberals. Miers just worked for Bush.

Ryan Lizza does some digging and finds some tidbits about Miers that will disappoint cultural conservatives.

Regarding abortion, her precise views are not known. She did lead a movement within the American bar Association to take a neutral stance on the issue as opposed to endorsing the right to choose.

According to David Frum, Miers has called George W. Bush the most brilliant man she has ever met. Enough said.

Profiles:

Washington Post profile

Sexism?

Ed Gillespie has gotten himself into trouble with conservatives for claiming that opposition to the Miers nomination is rooted in sexism. These types of hollow charges usually come from the far left, but now Gillespie is using the same tactic. Conservatives are justly outraged. The implication that one cannot have legitimate questions about her nomination, particularly in light of her flimsy resume, is ridiculous.

Making matters worse, the administration permitted the First lady to repeat this silly argument on national television. They are losing their touch.

Pat Buchanan weighs in on the sexism charges.

Religion?

The references to her religion coming from Bush and the White House are just as clumsy and infuriating as the idiotic "sexism" references. After insisting that religion should not be a consideration in the Roberts confirmation process, the White House took the opposite approach and trumpeted her religion as soon as conservatives jumped on her utter lack of credentials. Naturally, the hypocrisy has not been lost on the press or the pundits.

Politics:

John Fund explains how the Miers selection came about, citing a failed vetting process.

Comments, questions and suggestions can be sent to Gerardo Orlando at editor@orlandoreport.com.

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