'Nuff Said

I hate to be the only one in the blogosphere who does not link it, and since this is the only blog my mom reads, here is George Will's take on the Harriet Miers choice.  I am not sure there is much more to say than this.  First, he dispatches the Bush "trust me" argument:

It is not important that she be confirmed because there is no evidence that she
is among the leading lights of American jurisprudence, or that she possesses
talents commensurate with the Supreme Court's tasks. The president's "argument"
for her amounts to: Trust me. There is no reason to, for several reasons.

He has neither the inclination nor the ability to make sophisticated judgments
about competing approaches to construing the Constitution. Few presidents
acquire such abilities in the course of their pre-presidential careers, and this
president particularly is not disposed to such reflections....

In addition, the president has forfeited his right to be trusted as a
custodian of the Constitution. The forfeiture occurred March 27, 2002, when, in
a private act betokening an uneasy conscience, he signed the McCain-Feingold law
expanding government regulation of the timing, quantity and content of political
speech. The day before the 2000 Iowa caucuses he was asked -- to ensure a
considered response from him, he had been told in advance that he would be asked
-- whether McCain-Feingold's core purposes are unconstitutional. He
unhesitatingly said, "I agree." Asked if he thought presidents have a duty,
pursuant to their oath to defend the Constitution, to make an independent
judgment about the constitutionality of bills and to veto those he thinks
unconstitutional, he briskly said, "I do."

Then he takes on Miers's credentials:

Furthermore, there is no reason to believe that Miers's nomination
resulted from the president's careful consultation with people capable of such
judgments. If 100 such people had been asked to list 100 individuals who have
given evidence of the reflectiveness and excellence requisite in a justice,
Miers's name probably would not have appeared in any of the 10,000 places on
those lists....

It is important that Miers not be confirmed unless, in her 61st year,
she suddenly and unexpectedly is found to have hitherto undisclosed interests
and talents pertinent to the court's role. Otherwise the sound principle of
substantial deference to a president's choice of judicial nominees will dissolve
into a rationalization for senatorial abdication of the duty to hold presidents
to some standards of seriousness that will prevent them from reducing the
Supreme Court to a private plaything useful for fulfilling whims on behalf of

Quoting Bill Paxton:  "That's it man, game over man, game over".  I understand that politicians want to reward their supporters, but that's what ambassadorships to friendly countries are for.  Not FEMA.  And certainly not the Supreme Court.

  Is it too late to nominate Billy Carter to the high court?


  1. Gregg:

    That settles it. Our nation's representative to the Oracle of Delphi has spoken. It really would be easier to let George Will run the country anyway. Why didn't we think of that years ago? I think a punditocracy would be far preferable to our current representative republic. As long as it is our pundits running the country.

    In the meantime, I guess we will just have to wait for the confirmation hearings. If she turns out to be constitutional invalid and all around rube, it should be pretty obvious then.

    The Senate will roundly reject her, and then FINALLY a candidate acceptable to the opinion elite will be nominated.

    It really is sad that we have to wait ALL that time though. Maybe we could read some of George's enthralling books while we wait.

  2. Scott:

    JRB -- please George, please.

  3. Eric:

    So, let's start with this proof that she's a Rube. Warren Burger is her favorite Supreme Court Justice? She doesn't set her standards very high (see this: http://volokh.com/archives/archive_2005_10_02-2005_10_08.shtml#1128666588), does she? Or did she really mean to say Earl Warren, but realized that would have every conservative and libertarian in the country opposed to her and anything else Bush ever says or does? Either way, she's not helping her cause at all, in fact, she did it a lot of damage with anyone who is serious about the Court.