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Miscellaneous meanderings and philosophical ramblings. The title from a spiral notebook I used to jot down my thoughts on religion and other matters some years ago. I like to write, think and express my views on various issues. Robust discussion is welcome.


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"Lan astaslem."
I will not submit. I will not surrender.
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Sunday, October 30, 2005

Miers - guilty until proven innocent


Miers has now withdrawn her nomination. I emailed my comments to Eileen Byrne at WLS radio that day and will expand upon them here.

Thanks for reading her letter. One of the more irritating criticisms from some conservatives is that her comments about judicial restraint are just "conservative boilerplate". So, are they implying that she is outright lying or merely too stupid to know what she means? From what I have seen, some have accused her of both, and will now be happy that she cannot respond. Innocent until proven guilty, the right to respond to accusations - I thought conservatives held these principles in high regard.

I find it sad that she was not given the chance to respond during the hearings. I guess we will never know if she was really conservative and capable. I suppose we might have a chance now to see if a Brown or Luttig can actually get through this GOP senate. I for one have never thought the argument that they could, carried much weight, as much as I would like them to be on the court. But suppose such a conservative judge does make it, would any liberal justice, considering retirement be encouraged or discouraged from doing so while Bush is in office? While I am not a professional political analyst, it seems to me, that a stealth candidate, at this time, could make another Supreme Court opening more likely and ultimately, the net result would shift the court, very strongly, back to its proper role.

But if that was the strategy, those who were allies to the President have defeated it. All good strategies prepare for contingencies or can at least adapt. Since the main strategy has failed, what now? Democrats are now on record opposing the "extreme" right tactics and attacks on Meirs. The President should publicly state that he agrees and is sure that the democrats will not be hypocrites and treat his new fire-breathing Conservative, constitutional originalist nominee in the same way.

Granted, the extremist idiots like little Dick Durbin will spin the language and still attack in ways much worse than Conservative pundits ever criticized Miers, but the point will not be lost on the American people if the President states this early and very clearly. Unfortunately, it may never be known if all of this has removed a chance for the President to have one more Supreme Court nomination as part of his legacy. This is a shame, but judging from the antics of some, they will not reflect on this and only continue to pat themselves on the back. History may vindicate them, or it may remind us of the phrase, “stupid is as stupid does”.

Previous posts:
I am neutral on the Miers nomination
Diane Feinstein - constitutional scholar
That Harriet Miers obsession
More Meirs criticism
Coalition of the Chillin
That Harriet Miers nomination
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