Invisible Woman To Replace O'Connor?

American Center for Law & Justice | In The News:

The American Center for Law and Justice (ACLJ), specializing in constitutional law said today that Harriet Miers, the nominee named by President Bush for a seat on the Supreme Court of the United States, is an excellent choice who represents the conservative mainstream of judicial philosophy of interpreting the Constitution, not re-writing it.

“Once again, President Bush showed exceptional judgment in naming Harriet Miers to the Supreme Court to replace Justice O’Connor,” said Jay Sekulow, Chief Counsel of the ACLJ, who argues regularly before the high court and has a pro-life protest case at the high court this term. “At a time when the high court is facing some of the most critical issues of the day – including a number of cases dealing directly with abortion and life issues – the person who replaces Justice O’Connor is critical. Harriet Miers is an excellent choice with an extraordinary record of service in the legal community and is certain to approach her work on the high court with a firm commitment to follow the Constitution and the rule of law. I have been privileged to work with her in her capacity as White House counsel. She is bright, thoughtful, and a consummate professional and I enthusiastically endorse her nomination.”


Firstly, let me say that I despise "stealth" nominees. Yes, I understand that today's confirmation process makes having a history into a weakness, not a strength. Remember how thoroughly The Usual Suspects mined Chief Justice Roberts' record for ammunition against him? Yes, it's a sad statement, but having a record of what you believe only makes you a target these days.

And that's why I despise "stealth" nominees. Because nominating someone without a record is simply conceding to the overpoliticized, ideological tone in our current confirmation process. In effect, the President is saying, "You're right, nobody with a strong record of being an originalist deserves to sit on the Supreme Court!" No, no, no, NO!

Mr. President, I know that the "values voters" like me were only a part of the coalition that re-elected you in 2004, but we were a big part of that coalition. The Supreme Court is a big part of why we re-elected you. You promised us that you would appoint judges like Thomas & Scalia. We believed your promise. You made rousing speeches about the need to end judicial activism in the courts. We believed those speeches. Does Harriet Miers fulfill your promises? Will she do her part to end judicial activism?

She might, but she might not. And that's why I'm bothered. After a resounding re-election victory that also expanded the GOP's control in both Houses of Congress, it seems like the President is still trying too hard to be clever. Cleverness is a good thing, but this is the time to stand on your principles! Nominate a strict textualist with a strong record, and let the opposition try to oppose him or her. If there's a filibuster, ask Senator Frist to invoke the nuclear option. In other words, we elected you to lead, so lead already.

That said, I am finding some silver lining in the cloud of my dissatisfaction. The main source of my hope is the support of the ACLJ, as quoted above. The ACLJ, as led by Jay Sekulow, has a strong record of supporting the issues that matter to me. That doesn't mean that I blindly follow all of their recommendations (I think they were wrong about Terri Schiavo, for example), but the ACLJ's recommendation does carry quite a lot of weight with me.

(cross-posted at Naaman the Ex-Leper)


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