The fear in the pit of the stomach was palatable; sweat oozed
from the brow of every conservative with an Internet connection. On
the afternoon of November 2, 2004, online reports of early exit
polls posted indicated that John Kerry would likely be the next
president of the United States.
In the second consecutive election-year frenzy — recall the
panic in 2000 when TV reporters initially botched the Supreme
Court’s ruling on Bush v. Gore — reports of George W.
Bush’s demise have been greatly exaggerated.
Similar feelings of dread and despair seized the president’s
supporters on Monday when news of his latest appointee to the high
court surfaced. Reacting precisely the way the mainstream media
dreams of, those on the right reacted viscerally when the name
announced was not Janice Rogers Brown, Priscilla Owen, or Michael
Luttig, but little-known Harriet Miers.
Across the conservative spectrum early condemnations of Miss
Miers rang out. Charges of betrayal thundered through cyberspace
and accusations of capitulation filled TV screens everywhere. All
this despite the fact that the man who nominated Miers is the same
man who nominated John Bolton, John Ashcroft, and Donald
Rumsfeld.
Though the president has picked a few Cabinet clunkers, he has a
stellar conservative record when it comes to judicial appointments;
nominating Miguel Estrada, Priscilla Owens, William Pryor, Michael
McConnell and yes, John Roberts, who was also initially pilloried
by some on the right.
And it is no small detail that Miss Miers was in charge of
selecting and vetting these fine judges and that she spearheaded
the search for the seat for which she is now under consideration.
This fact should not be overlooked by those who remember that Dick
Cheney was also in charge of filling what turned out to be his own
position.
There are cries of “cronyism” from both sides of the political
aisle, implying that her relationship with President Bush somehow
makes her less worthy a candidate. But conservatives should revel
in this charge as liberals are constantly pointing out that he
prefers surrounding himself with like-minded thinkers. Here’s
hoping she is also a crony of, Antonin Scalia, Clarence Thomas and
Roberts, whom she is said to admire judicially.
To liberals, what’s scarier than any space alien is that Miss
Miers is an E.C.; an Evangelical Christian. Worse, as president of
the Texas Bar Association, she led the fight against the ABA’s
adoption of a pro-abortion platform back in 1992. There are those
who say she merely wanted political matters out of the legal
purview, but isn’t that the conservative position?
Some conservatives are put off by the fact is that she donated
money to Al Gore and Lloyd Bensten during the eighties. A lawyer
looking to do business in Democratically controlled Texas during
that period generally donated to both parties. The truth is many
people supported conservative Democrats until the party took a
decided turn to the left with the nomination of the Clinton
Twins.
Many fear that her lack of a track record could lead to a Miers
defection to the left. One of the reasons many give for the change
of direction for supposed conservatives on the Court is that they
become corrupted by the Beltway social circle, yet Miss Miers has
been on the ground in D.C. for five years and is reported to be no
more affected by the atmosphere than is her boss.
Although they were not “stealth” candidates such as Miss Miers
has been painted, Justices Kennedy and O’Connor never hung as
millstones around the neck of Ronald Reagan in conservative lore.
No one knows or ever can know for certain how a justice will act
once on the bench, but maybe we should be taking Miers her at her
word when she said in her acceptance speech:
“It is the responsibility of every generation to be true to the
founders’ vision of the proper role of the courts in our society.
If confirmed, I recognize that I will have a tremendous
responsibility to keep our judicial system strong, and to help
ensure that the courts meet their obligations to strictly apply the
laws and the Constitution. “
Despite predictions of doom and gloom — most melodious to
liberal ears — those on the right should respect President Bush’s
history of outstanding judicial appointments and cut the lady some
slack. There will be plenty of opportunity for recrimination should
either she or Roberts fail the president and their oath to uphold
the Constitution.
