The idea that a nominee to the High Court needs a “crash course” on the Constitution is outlandish.
Americans opposed to the nomination of non-judge Harriet Miers to the United States Supreme Court now include Charles Krauthammer, Ann Coulter, George Will, David Frum, and William Kristol. Miers’ supporters include George W. Bush — the man who looked into the soul of Vladimir Putin — and James Dobson, renowned opponent of SpongeBob Squarepants.
Senator Arlen Specter, whose job would likely belong to legitimate conservative Pat Toomey had Bush not interfered, will probably vote to confirm Miers, despite his recent admission that “[s]he needs a crash course in constitutional law.” In addition, according to the Washington Post, “[t]he White House will try to compensate for [her lack of experience] with a crash course. She will pore through briefing books on key cases and undergo the same sort of murder boards she supervised for Roberts.”
The idea that a nominee to the High Court needs a “crash course” on the Constitution is literally outlandish. This is like mildly pointing out that United Airlines’ new 747 pilot “needs a crash course in landing.” Scalia and Thomas are blow-torching crème brûlée, and Harriet Miers is playing with her first batch of Tollhouse cookie dough.
The magnificent David Frum, author of The Right Man and graduate of Harvard Law School, noted on C-SPAN that Miers, as staff secretary at the White House, “spent her time correcting the punctuation” on White House documents. Further, he said, Miers lacks the legal and intellectual dexterity to hold her own on the High Court. “If you send somebody who lacks the wherewithal [to assert herself], they’re going to change her….Harriet Miers can’t possibly win an argument against Stephen Breyer…he will win the argument every time…because he’s better.” “The Supreme Court…is not something you give your friend,” he said.
It’s not as if only the crazy, Gary Bauer conservatives oppose Miers — it’s that the best conservative minds in the country oppose her. The President has completely split his own party, a party still reeling from Brownie and still dealing with Baghdad.
Senator Sam Brownback of Kansas, often one of Bush’s most strenuous supporters, says that Miers’ Senate confirmation hearings “will eat her up.” Senator Elizabeth Dole, whose husband had the honor of supporting Robert Bork, has been tepidly supportive, at best. Senator Trent Lott, among the first to openly question Miers, argued as early as last week that Miers could not possibly be the most qualified nominee. Many observers believe that Senators Rick Santorum of Pennsylvania and Mike DeWine of Ohio will lose their seats over Miers.
So much for “the base.”
More preposterous than the White House’s urgent assurances that Harriet Miers is qualified are the various conservatives who’ve come out, independent of the White House, in support of Miers. Pat Robertson, an “evangelical” whose appeal remains mysterious, has chastised those Republicans who voted in favor of Ruth Bader Ginsburg but who are considering voting against Miers. His primary reason for this is that, unlike Ginsburg, Miers happens to be a Christian. This amounts to a religious test which is both illegal and un-American. Ginsburg was manifestly qualified for the Supreme Court, whereas Harriet Miers is not. This is the point.
As for the claims by Ed Gillespie and others that it is “elitist” to oppose Miers, this couldn’t be more wrong. Harriet Miers is a nominee just like Roberts, and she’ll be afforded due respect. But the fact that she’s worked closely with Bush doesn’t make her sacred. Her credentials should be scrutinized by all Americans; to do so is by no means “elitist.”
What is elitist, however, is Laura Bush’s classification of opposition to Miers as “sexist.” Someone should remind Mrs. Bush — who graduated from SMU, just like Miers, incidentally — that Janice Rogers Brown is a woman, as is Priscilla Owen. She should also know that these women, unlike Miers, have served — and are currently serving — as distinguished federal judges.
In nominating and defending Miers, Bush has split his base and Party. If Republicans lose control of the Senate over this decision, conservatives will never forgive him.
isterrett@hotmail.com
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