I have been largely silent on Miers and the SCOTUS, mostly because there was so much howling. But I am going to break that silence now.
The President of the United States has nominated Harriet Miers to sit on the SCOTUS. He has assured us — and do try to remember, he knows her and we do not — that she will interpret the Constitution stricly and not legislate from the bench.
Unfortunately, he also played into the hands of conservative judicial activists — and oh yes, you people do exist — when he released her religious background and feelings about abortion. He should'nt have. Her religious beleifs, as well as her personal opinions, are utterly and wholly irrelevant — if she will interpret the Constitution strictly and not legislate from the bench.
That means not letting your personal opinions and beliefs get in the way of your job.
I really wish the White House had not done that. But it can't be undone, so we need to move along.
I cannot stress enough to you proponents of conservative judicial activism (and again, you know who you are) that the President has never promised to appoint a conservative to any court position. Not once. I know I keep saying this, but it seems like it's not getting through.
Yes, George could have appointed, say, Janice Rogers Brown. Why he didn't, I do not know, nor am I interested in speculation. I was disappointed, yes, but I'm not calling for Miers's head on a silver platter — nor am I screaming about how Bush has betrayed us.
Because I see no betrayal. We know nothing about her. Charges of betrayal are akin to liberals screaming that Bush lied. There is no evidence of such.
You want assurance that she will overturn Roe v. Wade? Why do we get a litmus test, but the liberals do not? And why do you not see that Roe v. Wade is bad law, and given a constructionist court, its overturn is nearly inevitable?
All this screaming and yammering is self-destructive. We are effectively handing the liberals the next election, perhaps the next two elections. Let Miers go up in front of the Senate, and let the Senate vote. She deserves no less than Roberts or any other nominee.
But take this "Bush betrayed us!" nonsense and shove it where the sun don't shine.