Tuesday, October 11, 2005

"Sexist" Conservatives

Laura Bush is a lovely woman, but she's not helping to soothe the rift between her husband and his staunchest supporters over the last few years by accusing those supporters of being sexist because of their opposition to Harriet Miers' candidacy for the Supreme Court:

First lady Laura Bush joined her husband in defending his nominee to the U.S. Supreme Court on Tuesday and said it was possible some critics were being sexist in their opposition to Harriet Miers.

"That's possible, I think that's possible," Mrs. Bush said when asked on NBC's "Today Show" whether criticism that Miers lacked intellectual heft were sexist in nature. She said Miers' accomplishments as a lawyer made her a role model to young women.

Mrs. Bush's statement was thoughtless. The critics of the Miers nomination are not opposed to having a woman on the court and indeed would love to see Priscilla Owen, Janice Brown, Edith Jones, or Alice Batchelder nominated. Their objection to Miers is rooted in the fact that she's an unknown at a time when there are at least a dozen exceptional candidates whose judicial philosophy and acumen have been demonstrated for all to see. The president has asked us to trust him, and conservatives want to do so, but they also want the best qualified people appointed to the court that Mr. Bush can find, and the White House has given us no reason to think that Ms Miers belongs on that list.

Unlike his conservative critics, perhaps, the president is not overly impressed by scholarly credentials. That is not to say that these are not important to him, but rather to say that they're not of primary importance. He's a man who places more weight on an individual's personal character and virtues and believes that Ms Miers' possession of such assests more than compensates for any shortage of judicial experience or expertise she might suffer. Unfortunately, assessments of character don't lend themselves to quantification and they strike many as vague and subjective, so the administration is unable to mount a compelling rationale for its selection. That's why Bush has to ask that we simply trust him.

The critics respond by noting that there are plenty of candidates out there from which the president could have chosen who have both character and an impressive paper trail, and they are dismayed that he declined to pick from that group. Nor are they shy about giving voice to their disappointment. Unlike the critics, though, we think it to no good purpose to be too critical of the president's nominee until the hearings.

If she's impressive the criticism will appear foolish, if she's a dud then there will be time to call for her defeat on the Senate floor - although defeating her will surely be an uphill battle. If she ultimately turns out to be David Souter in heels then conservatives may justly join with liberals in decrying George Bush's historical legacy and the magnificent opportunity he squandered despite his campaign assurances to the contrary.

See Captain's Quarters for some thoughtful analysis of Mrs. Bush's comments and the Miers nomination.