Conservatives are split on George Bush's nomination of Harriet Miers for a seat on the Supreme Court. The American Center for Law and Justice calls Miers an "excellent" choice. But others are less pleased. A group called Public Advocate has released a statement which states that:
Viewpoint joins Kristol in being disappointed that Bush didn't pick a proven conservative from among the eight or nine candidates that have outstanding judicial records, and we're concerned, too, that Meirs has no real record from which her views can be gleaned. Most of all, we're concerned that her nomination seems to have delighted Senator Chuck Schumer.
Conservatives fear that the specter of David Souter hangs ominously over both John Roberts and Harriet Miers since, like Souter, they both purport to be conservatives but also like Souter, we have no way of assessing the depth of their commitment to an originalist reading of the constitution. Souter has turned out terribly, and the trepidation among conservatives is due to the possibility that Roberts and, even more, Miers, may turn out likewise.
Perhaps. But the difference in the present case is that George Bush is committed, we hope, to putting constitutional originalists on the court. He also knows Miers very well. Unlike his father who didn't know anything about Souter, W. knows Miers' philosophy. Presumably, her convictions mesh with those of the President. If we believe his own judicial convictions and instincts to be correct then it is probably unwise to condemn him for his selection at this point in time. Conservatives have been disappointed by George Bush on more than one occasion, but in picking judges he's been impeccable and has, in our view, earned the benefit of the doubt. One is justified in withholding it only if one thinks that Bush is unprincipled enough to go back on his word that he wants conservative judges on the court. Whatever one thinks of Bush, however, "unprincipled" is hardly a fair description of his conduct in office over the last five years.
We think that much of the disgust and frustration expressed by conservatives over the Meirs pick derives from a desire for a resolution of the power struggle going on in the Senate. Conservatives want Republicans to apply the coup de grace to the floundering Dems who act as if they are still the majority party. Republicans, unfortunately, too often act as if they're still in the minority and seem loath to use the prerogatives bestowed by their majority status. This frustrates conservatives who want Bush to nominate a Scalia/ Thomas type justice and then dare the Democrats to filibuster.
In other words, conservatives are spoiling for a slugfest, but Bush prefers to beat the Democrats with finesse rather than brute force. That's what he did with Roberts and what he'll probably do with Meirs. He has taken something of a gamble, to be sure, but if both picks turn out to be more conservative than Sandra Day O'Connor then Bush will have succeeded in his goal of moving the court to the right without shedding much blood. Conservatives want him to fight like Joe Frazier, but he prefers to dance like Muhammed Ali. If he's confident of the conservatism of his selections then it's hard to fault him for his tactics.
The President has enough enemies on the Left. He doesn't need criticism from the Right unless we're sure he deserves it. On this matter we're not yet sure that he does.
