Miers Withdraws

My only reaction:  whew.

Bring on Janice Rogers Brown

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At this point, this was probably the best viable outcome for the White House. Miers stood a real chance of not even making it out of committee. That would have been much worse than withdrawing her nomination. Fortunately, Bush has the opportunity to nominate someone with solid credentials. The risk now is of a filibuster.....

IlliniPundit's picture

Bring on a filibuster, too. We need a loud, straightforward debate between Democrats and Republicans that clearly illustrates what they stand for and clearly illustrates what we stand for. I want the 24-hour video of Hillary and Ted in the well of the Senate demonizing a perfectly acceptable nominee. I want the filibuster, I want it to last a few weeks, and then I want the nuclear option. I'm tired of the national GOP playing by the Democrats rules - it's time to take the initiative.

Amen.

I'm all for it. Let's see some liberal senator beat Strom Thurmond's record on reading the DC phone book on the Senate floor!

Do you think he's going to go with Brown or back to Texas for Priscilla Owen? Owen has more time as a judge. Brown has about 2 months. They are both unacceptable to the extreme left, but Owen received endorsement from every Texas paper (including the liberal Austin paper). I still think he wants to put a woman on the bench.

IlliniPundit's picture

We have a "conservative" Republican President and 55 GOP Senators. There's no reason - absolutely none - that we cannot get JRB or Priscilla Owen confirmed.

I think Lindsey Graham is still an outside option. There's a Republican governor in S.C., so his seat would still be filled by a Republican. That would be an easy choice if Bush doesn't want a fight. I like Graham, but I would love to see a fight.

Preach it brothers!

Preachings good. Prayer will be good. Calling senators and writing letters to the editors of the USA today, Times and etc. would help. This will be a big fight. They might consider finding a really good conservative from a state with two Democrats so they will support them. We will lose 4 or 5 republicans. Even the woman Judge from Louisiana would be good.

PF it's nice to see you on the right side of an issue. :)

What exactly are you folks expecting out of a conservative justice? No gay marriage, obviously. Perhaps a retraction of abortion rights. More legal protection for corporations?

Sounds great! I would also love to hear a debate about what is really going to go on if we have a solid conservative majority in the ilk of Scalia and Thomas. I'm sure many Americans would be horrified at what your side has in mind.

Is there something positive here I am missing? Just keep in mind, you all are the folks yelling about activist judges. Or was that just another six month fling with idealism, like the short-lived arguments against "nation building" in the 90s?

What are you hoping for?

IlliniPundit's picture

What exactly are you folks expecting out of a conservative justice? No gay marriage, obviously. Perhaps a retraction of abortion rights. More legal protection for corporations?

I don't really care about gay marriage, but I'd rather it be left to the states or Congress to decide. For abortion, I'd much rather it be left to the state legislatures. I'd like an immediate reversal of Kelo, which is clearly both a Federal and Constitutional issue.

I'm hoping for/expecting a justice who will rule based on what's in our Constitution, not based on whatever they might imagine should be in the Constitution. I don't expect every ruling to be something I'll be happy with, but I'd like to be able to know that what's in the Constitution matters most, and that the elected legislature is the next best authority to decide things that aren't in the Constitution.

I understand the federalism argument, though I think it is impossible to achieve. The constitution is like the Bible: everyone can find what they want in there if they look hard enough.

So are you looking for someone to overturn Roe, specifically, or just place new (reasonable) limits on abortion rights. Are you also looking for legal decisions that strike down government regulations on corporations, like environmental protections, worker rights, etc.?

For the record, I would be excited about limits on abortions. I think it is a barbaric practice that is way too easy in this country. Morality has a place in law.

But my big concern is the environment. I think we actually need a more activist government when it comes to environmental regulations. Corporations have consistently shown that they do not have the capability of policing themselves, and this is an issue of national security. Global warming is real, and it is a real threat to the security of this nation. Any justice who supported the further loosening of these regulations would be a disaster to me.

Any specifics you want to throw out there (besides Kelo, which I agree needs to be overturned)?

Michigan affirmative action case rings a bell, Foley

"Do you think he's going to go with Brown or back to Texas for Priscilla Owen? Owen has more time as a judge. Brown has about 2 months."

Paytonfan86,

What do you consider to be a judge?

Brown was on the California Court of Appeals for two years (1994-1996), the California Supreme Court for nine years (1996-2005), and in her new position for four months (June 2005 - present). That's 11 total years of being a judge???

striking down McCain-Feingold would be good too.

and I think Cali should be able to have medical marijuana if they want.

Matthew,

*blushing*

My fault on Brown. I stand corrected. This is doubly embarrassing because I lived in CA for so long. I was focusing on her recent appointment and forgot about the other. Oops.

IlliniPundit's picture

I understand the federalism argument, though I think it is impossible to achieve. The constitution is like the Bible: everyone can find what they want in there if they look hard enough.

So are you looking for someone to overturn Roe, specifically, or just place new (reasonable) limits on abortion rights. Are you also looking for legal decisions that strike down government regulations on corporations, like environmental protections, worker rights, etc.?

For the record, I would be excited about limits on abortions. I think it is a barbaric practice that is way too easy in this country. Morality has a place in law.

I think abortion laws should be decided by state legislatures. Some will restrict, and some won't - but the people who make those decisions should be elected.

But my big concern is the environment. I think we actually need a more activist government when it comes to environmental regulations. Corporations have consistently shown that they do not have the capability of policing themselves, and this is an issue of national security. Global warming is real, and it is a real threat to the security of this nation. Any justice who supported the further loosening of these regulations would be a disaster to me.

As long as there's a clear Constitutional justification for the Feds to be involved in this-or-that environmental regulation (commerce clause?).

Any specifics you want to throw out there (besides Kelo, which I agree needs to be overturned)?

RSW already nailed McCain-Feingold. Executive power, IMO, could be better protected.

"My fault on Brown."

No prob, Paytonfan86.

Actually, the more I read about Brown, the more I think she'd be ok. I've heard her described as 'libertarian,' and while I take issue with libertarianism to a certain extent, it doesn't come across to me as a one of the more narrow-minded ideologies, such as the extreme right and the extreme left.

Looking over some of her decisions, she's definitely got some feet in both the conservative and liberal camps (if we're going to use labels).

With GWB in office, I'm not expecting much.

I wonder what kind of rift this will make between Bush and Senate Republicans. Another loser in this is Bill Frist. Undoubtedly, Miers had to be approved by the Majority Leader before she was even selected. Bush would never have nominated her without his support. Frist neglected to rein in Republicans from criticizing the appointment. This never would have happened with Bob Dole calling the shots in the Senate. Miers would at least have made it to a full Senate vote.

I'm hoping for/expecting a justice who will rule based on what's in our Constitution, not based on whatever they might imagine should be in the Constitution.

I will steal IP's words. I agree and I think you all know how I feel on the some of the issues. But most people I know including at my church feel the same way. That you need to follow the law and the Constitution as a judge. Words mean somethings as precedents and history the law means even more there is structure that has to be followed. I think if the Judge follows the Law we will be right most of the time. We can't get everything we want and we will loose some but we won't have the supreme Court pulling something out off the hat from nowhere.

Payton your ight about the fall out Reid probable is not happy either.

I'm a Democrat, but I'm also something of a constructionist. I wouldn't mind seeing more things left up to the states. But I have trouble reconciling that with most of the decisions from the Civil Rights era. Is Mississippi deciding blacks and whites shouldn't intermarry (Loving) any different than Mississippi deciding that a married couple shouldn't have access to contraception (Griswold), or that a woman shouldn't have access to an abortion (Roe?) Can civil rights statutes barring race and sex discrimination be defended from a strict constructionist point of view? Being a white male and living in a state which respects individual liberty enough that it presumably wouldn't make abortion or contraception illegal even if the Supreme Court allowed it to, I'm a little less excitable about these issues than if I were, say, a black man or a woman living in the deep south, who was granted the rights of citizenship only by Earl Warren's court, over the objections of my neighbors. For some reason, "judicial conseratives" don't like talking about this and try to change the subject, but I think that's disingenuous. Especially when they're advocating the appointment of a Supreme Court Justice (Janice Rogers Brown) who once said that "In the heyday of liberal democracy, all roads lead to slavery." I'd say that "opens the door" to a discussion of the proper role of the Supreme Court in adjudicating racial issues.

I'm also discouraged that many so-called "conservatives" don't understand the concept of separating church and state. Apparently it's easy to support a religious state when your religion is in the majority, but it shows a frustrating lack of tolerance. I'd prefer that my elected representatives take care of saving my country and let me take care of saving my soul.

In consideration of all these issues, I fully supported John Roberts. He's conservative but he seems to view the Court as a passive interpreter of the Constitution, not an activist tool for ushering in a new era of Christian evangelism. I hope Bush steps up and nominates an equally qualified and responsible candidate for the O'Connor vacancy. Even conservatives should be offended when the President as much as states that evangelical Christianity was a major factor in his selection of Harriet Myers.

Civil rights became Supreme Court issues when Constitutional amendments were passed relating to them.

Many folks act like the federal government should control everthing. That would be fine except that is not our system. Powers have been stolen from states over the years because folks didn't like what the states come up with, but that knife cuts both ways.

(Anon 3:08 again). I actually agree with you, redstate, about federal power. Mostly because I believe the endemic corruption at the federal level stems from too much power concentrated in too few people. Once you get a Tom DeLay or a Tip O'Neill who can dole out unlimited pork with no negative consequences, Washington becomes a for-profit enterprise. Since tax-cutters can cut taxes without having to be responsible for cuts in programs, and spenders can expand programs without having to be responsible for raising taxes, the fact that we end up with huge deficits and no accountability is no surprise.

At least most states have balanced-budget requirements and limited spending power (once they've raided all their pension funds, that is), which cuts back a little bit on the abuse-fest. Instead of being able to rob us all at once by contributing to a few federal campaigns, Halliburton would have to rob each of the 50 states individually. (Republicans can feel free to subtitute the unions or trial lawyers of their choice for Halliburton).

Conservatives envision judges as sterile, law-applying machines who never bring personal views to their decisions. That's unrealistic both because it's counter to human nature and, two, because to "interpret" the law necessarily means giving additional meaning to it that was not there before. If the meaning of laws was objectively ascertainable, there would be no need for courts in the first place.

I'm also discouraged that many so-called “conservatives” don't understand the concept of separating church and state. Apparently it's easy to support a religious state when your religion is in the majority, but it shows a frustrating lack of tolerance. I'd prefer that my elected representatives take care of saving my country and let me take care of saving my soul.

--Well Anon there is no such thing as separation of Church and state in the constitution. This was added by a liberal activist court which decided to take away my personal right to free speech, which is in the Bill of Rights. I love it when someone uses the word "intolerance" when their being intolerant. As I have said before no one can force you to accept their religion that's a choice by you. But that's why it's best to have a court that follows the Law rather then the whim of the people. “I'd prefer that my elected representative”; Well I think they will try to do what you prefer if their elected.

The place to make policy changes and law is in the Congress. If you don't like a law petition your government and have it changed. If they don't change it run for office or change the people making the law. The Courts at all levels are there to decide if those rights in the constitution and bill of rights are protected. They are not there to add to the law personal things as needed to legislate from the bench.

That was incomprehensible, run. See immediately above, please.

Is there any way we can just let Geena Davis nominate this justice?

run4cvr: The first sentence in the Bill of Rights is "Congress shall make no law respecting an establishment of religion." Only a small lunatic fringe disagrees with the notion that the establishment clause in effect bars the government from getting into the religion business. Hence, separation of Church and State. I'm not sure on what basis you claim that separation was "added by a liberal activist court," but the basic concept has been the law of the land for 200+ years. Movement conservatives (as opposed to true conservatives) seem to favor judicial restraint except where religion is concerned. For example, the Constitution says even less about contraception, marriage, and homosexuality than it does about religion, but Dobson, Falwell, Roberts and their zealots seem comfortable encouraging the courts to intrude into those matters--in effect saying that personal liberties are paramount except for liberties to engage in activities which conflict with fundamentalist Christian dogma.

Anon 6:45--There has been no Government church like the church in Britain that people left but people were allowed to have much more freedom of religion in public in America. To say--Hence, separation of Church and State. I'm not sure on what basis you claim that separation was “added by a liberal activist court,” but the basic concept has been the law of the land for 200+ years. I say it because it's true it's only been since the ACLU started suing and liberal courts started removing prayer , the ten commandments and faith from society. You must be confused about what a lunatic fringe means a much larger number of Americans agree with me then you. I guess we know what that says about you Mr. Fringe.