A Blunder of Epic Proportions
By Randall Nunn (10/04/05)
With the nomination of Harriet Miers to the United States Supreme Court, President Bush has done irreparable harm to his standing among conservatives, to his legacy as a president and to the hopes of millions of citizens who voted for him. Much of the respect President Bush had accumulated and the “political capital” he had amassed, particularly among conservatives, will slowly and grudgingly disappear like morning fog giving way to the sunlight. Our worst fears have come true – the president chose a tactical retreat rather than to boldly stand and fight when he had the upper hand.
Many conservatives are now feeling sadness and anger. Sadness because at a key moment in history their hopes, based on the president’s words, led them to believe he would fight for principle, particularly with a Republican-controlled Senate. Anger, because the president’s actions showed his lack of respect for his key constituents, the U.S. Supreme Court and importance of prevailing in the cultural war declared years ago by the liberals years ago.
The deep disappointment that many feel is complicated by the fact that Harriet Miers is a good person and a reputable attorney who has served President Bush well for a number of years. But, when there were a number of highly qualified judges whose careers showed beyond doubt their ability, their judicial experience, their constancy in resisting judicial activism and fidelity to strict constructionism, why nominate someone untested, inexperienced and lacking in commitment to a conservative philosophy? Appointment to the United States Supreme Court is the highest honor that can be bestowed upon a lawyer in this country and those appointed should be deserving of that honor by having the best available credentials and a philosophy compatible with that of the president nominating them. Harriet Miers may have a philosophy compatible with that of President Bush but to the rest of us her philosophy is a mystery that will only be made clear by the passage of time and her participation in decisions. At this point in our nation’s history, we need nominees of excellence and commitment to constitutional strict constructionism and limited government, not an unknown.
Every once in a great while an obscure horse of unknown qualities makes it into the Kentucky Derby and wins. But, the percentages do not favor such a result. If this nominee is confirmed and, like a Derby hopeful, stumbles coming out of the gate in court decisions that have the potential to have a major, lasting impact upon American society, we all will pay a price. President Bush has chosen to gamble with this appointment, telling his supporters that they should trust him. I, for one, am not willing to put my trust in such a nominee when so many more qualified and more committed were passed over in an apparent effort to obtain confirmation without a bruising battle in the Senate.
President Bush has misled his conservative supporters and chosen expediency over principle. This decision was probably the single most important decision in his presidency. It has the potential to cause conservative supporters to lose interest in his programs and in the Republican Party. In addition, this nomination may well lead to fractures within the party and weaken the party just when some saw the possibility of a long period of Republican control of the Congress and the Presidency. Nervousness about President Bush is now giving way to dismay. Conservatives need to turn their attention to the U.S. Senate and House races and the 2008 presidential nominee. The Bush reign is sputtering and the time to begin the search for a true conservative nominee for 2008 is now.
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