Wednesday, October 05, 2005

President Bush Says "Trust Me" On Miers, But Should We?

While on the campaign trail President George W. Bush promised us that he would nominate candidates in the image of Clarence Thomas and Antonin Scalia to the Supreme Court. On Monday President George W. Bush made is second nomination to the Supreme Court by nominating Harriet Miers. President Bush also asked us to "trust him" on his nomination that few had ever heard of. Why should we just blindly "trust him." After all, lets not forget that it was President Ronald Reagan who told us to "trust, but verify."

The problem with the nomination of Harriet Miers is that she has never been a judge and there is no judicial paper trail, it is hard to verify President Bush's choice when there is very little known about the kind of Supreme Court Justice she would be. Beyond the assurances of President Bush (" She will strictly interpret our Constitution and Laws") and Vice President Cheney("I'm confident that she has a conservative judicial philosophy") no one knows what her judicial philosophy is or will be.

So, who is Harriet Miers? What do we know about this mystery woman other than she has been the personal legal council for the Bush Administration and a personal friend of the President for 10 years?

Well, at Olasky's World Magazine Blog, Marvin Olasky, in support of her qualifications reports that Texas Supreme Court Justice Nathan Hecht endorsed his fellow parishoner by saying, "Miers has been a member of Valley View Christian Church in Dallas for 25 years." Where Hecht has been an elder. He also says, "She was on the missions committee for ten years, taught children in Sunday school, made coffee and brought donuts."

Olasky also interviewed Mier's pastor, Ron Key, who was pastor there for 33 years until a few weeks ago. He said, "She helped out with kids, made coffee, furnished donuts, served on mission committee. She worked out her faith in praticical, behind the scenes ways. She doesn't draw attention to herself, she's humble, self effacing."

That is a great story of character perhaps but there is a lot more at stake here than her ability to provide Sunday refreshments. For instance, does she believe in a Constitutional "right to privacy?" Does she believe the Constitution mandates that the Supreme Court re-examine legislative choice under the ridiculous notion of substantive due process?" What about the second amendment? Does she believe that the Constitution guarantees the "right to bear arms?" We have no idea.

Miss Mier has no judicial "paper trail" but her record as White House Counsel throws up a possible red flag of what she could be. Elaine Donnelly, President of the Center for Military Readiness, told World Net Daily, Miss Miers either approved of the Department of Defense's illegal assignments of women in units required to be all male, which continues to go on, or she was oblivious to the legal consequences of those assignments."

Donnelly believes the actions of Miers could lead directly to a future court ruling requiring women to register with selective service.

Meanwhile, during Miers' long affiliation with the American Bar Association, she submitted a 1999 report, which included under the heading International Law and Practice, a recommendation for "the development and establishment of an International Criminal Court."

I'm sorry to say but this looks like it could be more of a deal for democrats than conservative republicans. Especially when Democratic Minority Leader Harry Reid says, "I like Harriet Miers."

It is also true that Harriet Miers was a democrat and even contributed to Al Gore in the 80's. But let's not forget that Ronald Reagan was a democrat long before he became a republican and Zell Miller, well, he is still a democrat but a disgruntled one. The point is people change.

No one knows how Harriet Miers will turn out. What we do know is that when it comes to President Bush's Circuit and District Court nominations he has kept his campaign promises. Even the newly confirmed Chief Justice John Roberts was right on the money. But we knew that because their was a judicial paper trail showing us who they were, not the case with Miss Miers, who has never been a judge.

A lot of people are upset because she has never been a judge. If she had been a judge we might be able to tell more about her judicial philosophy. Maybe, or Maybe not.

Sandra Day O'Connor was a judge and she didn't turn out the way Reagan conservatives thought she would.

The truth of the matter is, just like most nominations, no one knows for sure how Harriet Miers will rule from the bench of the Supreme Court only time will tell.

Could President Bush have picked a better nomination? I think so, but based on his choices in the past to the courts I will "trust him" and support Harriet Miers. If she doesn't meet up to conservatives expectations at least we will know that the Supreme Court will have coffee and donuts on Sunday.

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