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Brer Miers and the Briar Patch?

The DC Guy
October 4, 2005 | Comments (9)

brerrabbit.JPGWhen I was growing up, one of my favorite child hood stories was the story of Brer Rabbit and the Tar Baby.. To sum the story up, Brer Rabbit gets caught by his arch-nemesis Brer Fox. Brer Fox is about to do unspeakable things to the rabbit before he begs not to be thrown into the nearby briar patch.

He begs so hard, Brer Fox does it believing it to be the worse punishment he could inflict. Turns out, Brer Rabbit was born and raised in a briar patch, and he hops away unscathed.

Nothing like teaching kids about reverse psychology.

While I read and listen to all of the hype surrounding President Bush's choice of White House counsel Harriet Miers as the replacement for Sandra Day O'Connor on the Supreme Court, I keep looking around, waiting to see a giant briar patch. It's gotta be here somewhere.

To see the reaction of a lot of conservatives, you'd think that Bush had nominated Gloria Steinem to the court.

I can't help but thinking there's a bit of Shakespeare going on.

The Right gets nervous
It's no big secret that there are a lot of Republicans very concerned about Miers selection.

Short of having the ghost of Ronald Reagan appear on Fox News and say he thinks this choice is a bad idea, you can't get much more conservative than those three. And they all are upset by Bush's decision.

This all strikes me as exactly the kind of strategy I would use to con my opponents into giving my choice an easy ride.

Put yourself in the average Democrat's shoes for a moment. You've got Rush Limbaugh, Bill Kristol, and Pat Buchanan out there saying this is a bad pick for them. You have got to be thinking "how can she NOT be a good pick for the Democrats?"

Now, I'm not saying that there is some kind of giant conspiracy, but it is interesting that you've got this many folks who are traditionally on Bush's side slamming him for this choice. That's enough to make me suspicious.

Maybe I've been in this town so long I am getting paranoid or cynical, but Bush has picked someone that is scaring his base into convincing his opponents that she's the right choice. He's doing this knowing that she's really on his side.

Am I the only one that sees this as a great move?

Is there really anything to worry about? Depends.
I don't think there really is anything to worry about, if you are a conservative. Liberals should be concerned about any candidate that Bush nominates, because you can guarantee that he's learned the lessons of his father's presidency. I find it hard to believe that Bush would let himself get snookered here.

As I said in my inaugural column, Bush was going to choose someone who was close to him. A "Bush Guy" (or Gal). He rewards loyalty, and he is going to choose someone who will be loyal to his agenda and his philosophy.

There's no reason, despite how much money Miers may have given to Al Gore when he was still Pro-Life, or her answers on a Gay and Lesbian PAC's questionnaire in 1989, to think that she is anything but a staunch conservative who shares Bush's opinion on judicial activism and strict interpretation of the Constitution.

Democrats can't afford to let their guards down because their traditional opposition doesn't like her. There has been an increasing tendency to automatically oppose anything a Republican is for (and vice versa) simply because they're for it. That's not a good idea here especially if my suspicions are right.

No matter what you think of the President, he has demonstrated a shrewd grasp of politics and strategy. His choice of Miers is, like his choice of John Roberts, probably a good one in the long run for him and his goals for the court. Some may even say that this is indicative of the high level strategic thinking he learned at Harvard Business School.

I think he just remembers his Southern tall tales or he's ridden Splash Mountain a lot.


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Comments (9):
1) Posted by: The DC Guy
October 4, 2005 10:46 PM

Add George Will to the list of conservative thinkers dumping on Harriet Miers.

It'll be interesting to see who else jumps on the right's anti-Miers bandwagon.


2) Posted by: Cabol
October 5, 2005 10:38 AM

It looks to me like the conservatives upset about this wanted a SuperConservative (who would never get confirmed) or a hispanic to bolster the minority vote (again, never would be confirmed).

I am concerned that she has never been a judge, but of course it has been shown it's not a requirement for a Suppy to be good. I just don't know enough about her to make any decision, which I guess is a plus for the President to get her confirmed.

You're right, Bush might be doing a masterful job at spinning the Dems around trying to figure out whether to love or hate her based on Republican reactions. He could also be trying to play it as safe as possible in the wake of his tribulations over the last few years.

In the end though, unless she has an illegal alien as her nanny, she'll make it through confirmation and lean conservative, so Bush will have achieved success in slanting the Court, but will have missed the opportunity to make a real statement for his political philosophy and shore up voters.

Which is better for conservatives in the long run? Holding the Court by far.


3) Posted by: jim collins
October 5, 2005 11:50 AM

If Caligula could appoint his horse to the Senate I don't see why Bush can't appoint his lawyer to the Supreme Court.


4) Posted by: PhilB
October 5, 2005 6:52 PM

Excellent column. I had some thoughts along the same lines wondering if the dems might look at all the conservative hand-wringing and not be quite as hard on her as they would have been otherwise.


5) Posted by: Scott
October 7, 2005 11:25 AM

Charles Krauthammer just released a column saying to withdraw Miers as a nominee.

In the article, he goes on to say "There are 1,084,504 lawyers in the United States. What distinguishes Harriet Miers from any of them, other than her connection with the president? To have selected her, when conservative jurisprudence has J. Harvie Wilkinson, Michael Luttig, Michael McConnell and at least a dozen others on a bench deeper than that of the New York Yankees, is scandalous."


6) Posted by: The DC Guy
October 7, 2005 12:29 PM

I have a lot of respect for Charles Krauthammer - I've run into him a few times, but have never had a chance to have a conversation with him. I'd be interested to hear his take on what I've written here.

Despite his opposition, I really can't see any major impediment to Miers nomination. Nothing is coalescing that can be used (if you hear about her religious beliefs in the Senate, it'll be a big deal and a violation of precedent) against her other than, as Krauthammer lays out, her lack of any really distinguishing scholarship or accomplishment.

Cronyism isn't anything new in Washington - 95% of every non-civil service job out here is gotten by who you know, not what you know. Who you know gets your foot in the door. What you know keeps you there. Whether or not that's a good thing is a topic for another column.


7) Posted by: The DC Guy
October 9, 2005 12:13 AM

This article is on the front page of Drudge right now.

Some Dems Defend Miers from Conservatives

Granted, this doesn't mean they plan on voting for her, but this does follow the trend I outlined in the column.


8) Posted by: vvs artikler
October 30, 2005 6:01 AM

As it happened Miers had to step down...or did she really do it by own request? No matter who was behind her resignment, I believe that having a supreme court judge without any experience as a judge would be a silly thing.

VVS


9) Posted by: søgemaskineoptimering
October 30, 2005 6:03 AM

Yeah...wonder who Bush will bring into the circus ring now? And further to that he has to handle the cia-agen scandal...phew! Do not want to be in his shoes now ;-)

soege


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