October 24, 2005
The Left Supports Mediocrity on the Bench
Conservatives are up in arms over Miers not because she is potentially less conservative then we would like; but more because she is not qualified or minimally, not the best qualified candidate available. Anti-Miers conservatives are mostly upset about the fact that she is not a superb candidate ala John Roberts. In other words, many people think she is "not the best" and in fact may be simply mediocre. This is why the right is all distressed.
Clearly, Bush would have done better to frame the Miers nomination NOT as "the best jurist available" but instead as "the right jurist at this time, someone who is not Yale/Harvard, someone, like Rehnquist, who was not a judge until now". This, I think, would have helped a great deal to minimize the outcry we are hearing from the right.
But the bottom line is that Conservatives are skeptical of Miers not because of her beliefs, but rather because there are better candidates available. It is still very possible that Miers will not make it in front of the Judiciary Committee. One popular "exit strategy" being opined is that Bush could withdraw the nomination, nominate Miers to the Federal bench where she can get more experience, and nominate instead Janice Rogers Brown or Edith Clement, which basically creates the opening for Miers.
This would not disappoint me at all.
But let's consider the Right's concern over the Miers nomination compared to the reaction from the left.
Republicans were unanimous in their support for Ruth Bader Ginsberg even though her judicial philosophy was totally wrong based on what we believe in. We supported Ginsberg because she was the President's choice and because she was a quality candidate with strong credentials.
We do not know what Democrats are going to do with Miers but many pundits think the Dems will support Miers because if Miers does not get confirmed, Bush would nominate a more forceful and effective conservative.
So what we have here is a true insight into Democrat behavior: Bush's nominees deserve their support only if they are mediocre. It will be interesting to see how the Democrats who voted against John Roberts will vote on Harriet Miers. Miers clearly appears to be not as qualified as Roberts (although we will get a good handle on this once the hearings begin). If these Democrats vote for Miers after voting against Roberts -- it will once again prove that Democrats really don't vote for what they believe in, they instead vote for what will best get them elected and/or serve their political agenda.
Clearly, Bush would have done better to frame the Miers nomination NOT as "the best jurist available" but instead as "the right jurist at this time, someone who is not Yale/Harvard, someone, like Rehnquist, who was not a judge until now". This, I think, would have helped a great deal to minimize the outcry we are hearing from the right.
But the bottom line is that Conservatives are skeptical of Miers not because of her beliefs, but rather because there are better candidates available. It is still very possible that Miers will not make it in front of the Judiciary Committee. One popular "exit strategy" being opined is that Bush could withdraw the nomination, nominate Miers to the Federal bench where she can get more experience, and nominate instead Janice Rogers Brown or Edith Clement, which basically creates the opening for Miers.
This would not disappoint me at all.
But let's consider the Right's concern over the Miers nomination compared to the reaction from the left.
Republicans were unanimous in their support for Ruth Bader Ginsberg even though her judicial philosophy was totally wrong based on what we believe in. We supported Ginsberg because she was the President's choice and because she was a quality candidate with strong credentials.
We do not know what Democrats are going to do with Miers but many pundits think the Dems will support Miers because if Miers does not get confirmed, Bush would nominate a more forceful and effective conservative.
So what we have here is a true insight into Democrat behavior: Bush's nominees deserve their support only if they are mediocre. It will be interesting to see how the Democrats who voted against John Roberts will vote on Harriet Miers. Miers clearly appears to be not as qualified as Roberts (although we will get a good handle on this once the hearings begin). If these Democrats vote for Miers after voting against Roberts -- it will once again prove that Democrats really don't vote for what they believe in, they instead vote for what will best get them elected and/or serve their political agenda.
