despite her ramblings of years ago, I happen to think Harriet Miers was "a very conservative choice."

And I'm not treating this as a political game.  I'm looking for signs of life in a Democratic Party that blew the Roberts hearings by capitulating on document requests and not highlighting to America just how out of the mainstream Judge Roberts' views are.  Instead, we had Democrats waxing prolific about his lovely family and wonderful life story.

I just want them to do their jobs, which to my mind would have been grilling, then voting against, Miers.  They will have the same job to do now against a new nominee.  Nothing's changed from that point of view.

I do take your points.  But I'm more worried that the Senate no longer takes itself seriously enough to do the advice and consent job well in any case, and I'm looking for reassurance there before I worry about the more partisan aspects.

Angie and Bill: Colorado's bright future!

i think we may have a few more fascinating episodes left

before there even is a nomination....everyone is talking about the white house losing power....they are bringing up all the creepy judges they were looking at last time....abu gonzalez keeps coming up and we get to watch the pseudochristians gnash their teeth over that prospect....who knows what whcak job he will nominate next....maybe someone who has a juicy sex scandal in their background....its so exciting.

add the coming indictments and the abu graib pics that should be out any minute and its like someone keeps serving me ice cream sundae after ice cream sundae loaded with fun and exciting toppings.

and then next year when roe or griswold are overturned we get to watch the country of morons who voted dumbass into office again recoil in horror over what they have done....as we usher in 30 years of democratic control of everything.

i lick my chops with anticipation.

Edible panties taste like crap.

just told Wolf that gay-bashing is an excellent issue for Republicans, and Bush should have nominated a gay-basher, since gay-bashers in Ohio re-elected him.

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I share your concerns -- every one of them. But, I still think this is heartening news, if for nothing else, the symbolism. When a President who has defined himself by resolve (inflexibility), backs down on something this important, it sends the message that he is a defeated man. If Miers had been confirmed, not only would we have had a spectacularly unqualified Supreme Court Justice, it would have been an indicator that Bush still had his mojo working. As one left wing publication, I can't remember which, put it, "Even when they lose they win." Now they look like losers, plain and simple, imho. The damage is done, in terms of his standing with ultra-conservatives. They no longer trust Bush or see him as their champion. Now he's just another weak President, like his father, who has to be bullied into doing their bidding. They won't be putting humpty dumpty back together again, anytime soon.

"I only know that people call me a feminist whenever I express sentiments that differentiate me from a doormat or prostitute." ~ Rebecca West

Miers' withdrawal letter:

"I'm one of the worst candidates ever!"

Okay. It actually says this:

The White House
October 27, 2005

Dear Mr. President:

I write to withdraw as a nominee to serve as an Associate Justice on the Supreme Court of the United States. I have been greatly honored and humbled by the confidence that you have shown in me and have appreciated immensely your support and the support of many others. However, I am concerned that the confirmation process presents a burden for the White House and our staff that is not in the best interest of the country.

As you know, members of the Senate have indicated their intention to seek documents about my service in the White House in order to judge whether to support me. I have been informed repeatedly that in lieu of records, I would be expected to testify about my service in the White House to demonstrate my experience and judicial philosophy. While I believe that my lengthy career provides sufficient evidence for consideration of my nomination, I am convinced the efforts to obtain Executive Branch materials and information will continue.

As I stated in my acceptance remarks in the Oval Office, the strength and independence of our three branches of government are critical to the continued success of this great Nation. Repeatedly in the course of the process of confirmation for nominees for other positions, I have steadfastly maintained that the independence of the executive Branch be preserved and its confidential documents and information not be released to further a confirmation process. I feel compelled to adhere to this position, especially related to my own nomination. Protection of the prerogatives of the Executive Branch and continued pursuit of my confirmation are in tension. I have decided that seeking my confirmation should yield.

I share your commitment to appointing judges with a conservative judicial philosophy, and I look forward to continuing to support your efforts to provide the American people judges who will interpret the law, not make it. I am most grateful for the opportunity to have served your Administration and this country.

Most respectfully,

Harriet Ellan Miers

That's a bunch o' crap.

When Dems wanted documents before from the WH on, well, anything, executive privilege was claimed and the WH got away with it.

"the confirmation process presents a burden for the White House and our staff that is not in the best interest of the country."

No, Harriet, your total lack of experience was not in the best interest in the country.

As I said before when I called for her withdrawal, only a person with a huge ego and so little experience would have accepted the nomination to begin with. She can't blame this on the process.

It was terrible news when it was happening, its terrible news now that its not.

The fact the Meirs spectacle/debacle (and that other treason/traitor thing) might be seen as relatively good news is profoundly emblematic of where we are right now.  And we all know it.  

No matter how "entertaining" the decay of the criminal class is, we all still have to wake up some day with a hangover: tens of thousands dead, millions more in poverty, our political system undermined, our planet broken.

there is no such thing as history. there are only historians.

The other army has other choices.

Some people say we need a third party. I wish we had a second one. Jim Hightower

It seems to me that her withdrawal was timed to deflect press attention away from the Fitzgerald indictments. Not that Bush nominated her for that purpose, but since she was going down anyway he thought it best to at least use it to consume a news cycle. I think we can thus judge the efficacy of this diversion by how much press attention is focused on Miers after the indictments come down. If the MSM ignores Miers and instead focuses on Fitzgerald, Bush will have lost media control this cycle. --M

----
Enjoy reading The Proxies, a free crime thriller in short story form.

There's nothing worse than a Supreme Court justice who knows nothing about Constitutional Law, but has all sorts of opinions about everything. That's the mark of an ideologue, and a born-again ideologue is worse than a Scalia any day of the week, if you ask me.

Our Word
Why modern-day conservatism makes no sense to me

Susan, your post has brought back all the angst about the Democratic Party's ability to even speak, let alone fight a good fight. I heard some dame interviewed by phone on CNN this morning. I never did find out who she was but she is some sort of wing nut leader. She was identified as a 'movement conservative'. She arrogantly stated that the conservative movement is extremely powerful in this country, because they singlehandedly caused Mier's withdrawl.

As much as that turned my stomach and brought to mind many play's on the words "movement conservative", it made me realize something. Conservatives seem to think that they will go on forever, but this time, when power shifts things could be different. What if the general average American who is turning on Bush realizes that the things they dislike the most about Bush are the very things conservatives are championing?

I think that right about now they are so dripping with arrogance and hubris that those very same movement conservatives are going to overplay their hand in any upcoming nomination fight. They are at their most outrageous when in this state. Maybe they will suceed in turning off the electorate enough to bury themselves. Once you find the bunny drawn in the tree and circle it, it's hard to hide that bunny again.

"Information is the currency of democracy" - Thomas Jefferson

Concur 100% with your analysis, Susan.

She is malleable and would have come around (if she hasn't already).  We just lost the best deal we could have gotten.

And what's (or, who's) next?

Any of thesestrike you as more palateble than Miers?

The "female John Roberts", perhaps?

I want something else, to get me through this, semi-charmed kinda life..
Third Eye Blind

Dare I say it?

God must be on our side.

Things look bad, yes.  But they have looked worse.

The "'cons" will come out for a known wingnut judge who can unify support.  Plus, Miers will be in Bush's huddle defending against Fitzgerald.

The problem is, the hurricanes, the war and the indictments offer 'cons no political cover.  The electorate is sick of it, and a new cast is going to play in Washington after 2006.

The so-called "War on Terror" IS Terrorism!

Susan, your last para spoke very powerfully to me, personally.  Those of us in the trenches are having to re-load, put on the kevlar, clean our glasses, and figure out who is taking shots at us so we can protect our often clueless leaders from the huge machine that is still working well enough to do huge damage just by revving the engine.  

The Supreme Court is to take up three abortion-related cases on November 30, and now it's more than likely that SDO'C will still be around to hear them rather than her replacement. Salon also says, however, that Bush might announce his new pick tomorrow.

The public wants what the public gets, but I don't get what this society wants. -- Paul Weller

On a gut level, this all seriously concerns  me, when combined with growing evidence all around us of just how far the long and powerful fingers of the religious right are reaching into our lives already. Now they can claim the power to subvert presidential judicial nominations as well as undermining womens reproductive rights, siphoning off tax money into faith based initiatives, infiltrating the school systems, and making it legal for religious medical professionaly to refuse care on releigious grounds. This is like a deep slow growing cancer that has spread much farther already that many realize.  

ONward!

The downside first.  Democrats will not be able to push for documents relating to Meirs' understanding of presidential power.  But the presidential power questions don't go away.

The bright spots:

1. It was the wingnuts who brought down a Bush nominee, which split his base on this issue.
   
2. If he rolls out someone acceptable to the wingnuts, the split might continue if the presidential power questions instead of Roe become dominant
   
3. Any nominee has to dodge the Roe question, but dodging the Roe question sets off the wingnuts; they want a guarantee
   
4. Any hearings might not take place until after the first of the year because of upcoming Congressional vacations.
   
5. Given Bush's current approval ratings, any crazy recess appointment, such as one without Senate consideration, would drive his numbers down further and should the Republican Congress let the appointment stand, their prospects for 2006 would decrease.
   
6. More people might be paying attention to the next nominee.
   
7. The public might be more likely to give the Democrats some spine in opposing the next nominee, since it is will not be a stealth candidate and the majority of the country indeed does not support the wingnuts.

The Partie Lion