ConfirmThem

By Erick Posted in SCOTUS — Comments () / Email this page » / Leave a comment »

I disagree with the nomination of Harriet Miers. I think there are more qualified conservatives out there. And, I agree with Armando to a large extent (quick, is that a pig flying?). John Roberts' career tells me that conservatives should not have to hide in the closet until after they are on the Supreme Court. By picking a stealth nominee, Bush has, I think, set us back a bit.

But, from a political point of view, let me say that I think this has the potential to be a brilliant move by the President. Let's just consider this perspective for a minute.

I start from the premise that Miers is exactly as Bush says she is --- a prolife conservative who will interpret the law faithfully to the original meaning of the constitution and not legislate. We know that Democrats, including Harry Reid, recommended Miers for the position.

So, Bush went with their recommendation. Now we are in this position: If the Democrats accept Miers they will most likely have put a female Scalia on the bench. If the Democrats now reject Miers, the President can make the case that he (A) consulted the Democrats; (B) took one of their own recommendations; (C) saw them reject she who they recommended; (D) so now he feels free to go with someone like Alito or Luttig or Batchelder or Corrigan.

Bush has been thrown into a political briar patch and, while I disagree with the nomination based on her stated qualifications, it just might be that this is the play of the year. One way or the other, it is one hell of a political gamble.