The American Spectator

The second term of GW Bush presented the staunch conservative enclave a remarkable opportunity. The opportunity to replace not one member of the Supreme Court of the United States, but two. And there was a conservative Republican President to do it. They expected a fight with liberals over the appointments, a bloody, bare-knuckled brawl. And they trained hard for it. They trained to win. The “nuclear option” was dusted off and prepared. The fight failed to materialize. John Roberts was confirmed with very little whining from the liberals and no bloodshed at all. But, there was another appointment in the works. This time it was hoped that it would be a recognized jurist with staunchly conservative views and, just possibly, an activist bent. There were a dozen names bandied about, but none materialized. Instead, they got Harriet Miers.

Harriet Miers, Presidential crony? Perhaps. But when has that made any difference in a SCOTUS nomination. Not a jurist? There have been other non-jurists appointed and confirmed. No paper trail to indicate the type of Justice she will be? The conservatives praised the same aspect of John Roberts. Her gender? Conservative Senators overwhelmingly voted to confirm Justice Ginsburg, knowing her philosophical leanings. What is different about this nominee?

Her nomination virtually guarantees there will be no confirmation battle with liberals. No gunfight at the OK Corral. No Armageddon. Liberal thought and philosophy will not be soundly trounced and its practitioners publicly shown up. There will be no fight.

Now Ms. Miers may turn out to be everything that her conservative critics say. She may be, at best, another Justice O’Connor and at worst a Justice Souter. Or she may be another Justice Scalia or Thomas. There is no way to develop any inkling until the hearings and maybe not even then. It is a wait and see situation.

p>There is very little objection to Ms. Miers on philosophical grounds. It is a fear that when the conservatives show up for the big game, it will have been cancelled. br> — Michael Tobias br> Ft. Lauderdale, Florida /p>

Would you care to name the 50 senators whom you believe would vote for the conservative jurists that you have named in your article? I concur in the advisability of your wish list, but I am unable to comfortably ascertain the 50 Senate affirmative votes that will be required to confirm him or her.

I think that Bush has outfoxed everyone by naming a conservative appointee who will not elicit the public outcry that one of your suggested nominees would unleash and who will serve us well.

In naming someone with no public record, he has given the Democrats a fig leaf to hide behind with their God-forsaken constituencies.

She is a devout Christian, she is unabashedly pro-life and she carries (or carried) a 45.

p>Enough said. Keep up the great work. br> —