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Shots In The Dark
Tuesday, October 04, 2005
  Miers: Batten Down the Hatches
The New York Times chooses my second option about President Bush and his nomination of Harriet Miers to SCOTUS below: that Bush has no appetite for a political fight right now.

I think he's got one on his hands anyway, though not necessarily from the people you'd expect.

Liberals are going to attack Miers because she looks vulnerable right out of the box, and also because her qualifications are suspect.

But more damaging to Bush, I think, is the fact that his base already doesn't like this choice. Troll the conservative websites, if you're inclined. Or consider this quote from a National Review editorial:

John Roberts was a “stealth nominee” in that he did not have declared positions on such questions as the constitutionality of affirmative action and anti-abortion laws. But Roberts possessed stellar professional qualifications, had impressed everyone who came in contact with him, had written well-reasoned judicial opinions, and had conservative legal heavyweights willing to vouch for his soundness. These things are either not present, or are present to a smaller degree, in Miers’s case. Being a Bush loyalist and friend is not a qualification for the Supreme Court.

My prediction: that in trying not to pick a fight, Bush looks weak, and therefore has invited a fight. I think he's in real trouble on this one. If I were leading the Democratic charge, I'd compare Miers to FEMA's Michael Brown—another example of cronyism in the country's most important jobs.
 
Comments:
I've already altered my appraisal of the situation two or three times. This one is a tough read. I've gone from a perhaps hasty conclusion that a "moderate man" was being exposed to a much more complex view. Now that the second-day stories have rolled in, I'm beginning to think I'm seeing an attempt at the political equivalent of a fumble-rooskie (sic?)--when you fake the fumble, distracting the defense, while an unseen ball carrier jogs unencumbered into the endzone. Miers now appears to be a born-again pro-lifer. But for Bush, the beauty of it might be there's no real record of this. What little record there is might actually pre-date her revelations and could speak for a liberal candidate that no longer exists. If she follows Roberts's model, she could even avoid updating her views.
 
There's something about this nomination that has the stink of a loser to me...I think it might just go down. Hard to say why, but something about it just doesn't feel right.
 
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Name:richard
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