Friday, October 14, 2005

Going Too Far [link]

Alright now, let's not go OVERBOARD in criticizing the nomination of Harriet Miers. Gerald Baker writes a column with the header: "The President’s ill-conceived Supreme Court appointment has exposed disturbing flaws in his Administration." (link provided...just click on the caption above) Baker is exaggerating the situation.

The lady has some qualifications to serve on the court. I do not believe that she is unqualified; rather, I think that there are a large number of people who are better qualified. There is serious work to be done by the justices on the Supreme Court in the coming years. I want a thoughtful, intellectual CONSERVATIVE on the Court to make certain the work is done properly.

I am not a hypocrite for looking at the politics of the nominee; while condemning politicians like Chuck Schumer who base their opposition solely on politics. Prior to 2001, the minority party in the Senate never directly based its opposition to a judicial nominee on the politics of the individual's politics. They would use procedural blocks; they would point to professional or character traits that are undesirable.

I want a president whom I have supported to nominate candidates that are consistent with the promises he made to us, his loyal supporters. Bill Clinton nominated two liberals...and they sailed through Senate confirmation. No one denied his authority (or right) to nominate Justices that matched his politics and pleased his political supporters. If Bill Clinton had nominated Robert Bork, his supporters would have been justifiably outraged. If Bill Clinton had nominated Lannie Davis (or one of the other highly partisan, attorney supporters from his White House staff) no doubt there would have been anger from his supporters.

UPDATE: David Bernstein at the Volokh Conspiracy makes a similar point:

I am not looking for the BEST nominee...just someone who has a record of being very good. There are plenty of lists of potential nominees that would satisfy red meat eating conservatives like me and my faithful READER (who is a vegetarian...but is even more hard core in opposition to Miers than I am).


Post a Comment

<< Home