Conservative Activism

It is no secret that the right has been up in arms over the Miers nomination. There is a good reason for the indignation, yet this reason needs to be clearly laid down.

Miers may turn out to be a moderate, or even a liberal judge. The truth is, we just don't know what she will do--assuming she is even confirmed. Drudge's latest headline sensationally paints Miers as a controversial candidate, but the actual article is actually pretty dull.

Q. . . . . In your capacity as an at-large member do you think being involved in such organizations might assist you in having a perspective that – bring a perspective to your job that you don’t have?

A. I attend meetings designed to give me that input. However, I have tried to avoid memberships in organization s that were politically charged with one viewpoint or the other. For example, I wouldn’t belong to the Federalist Society any more than – I just feel like it’s better to not be involved in organizations that seem to color your view one way or the other for people who are examining you. I did join the Progressive Voters League here in Dallas during the campaign as part of the campaign.

Hardly something to be afraid of, save for one thing. It is not just that conservatives are by definition cautious, and skepticism is, supposedly, a staple of the idealogy. Quite simply, conservatives need to be honest.

In an ideal world, it would be great if the judges could lay off, abide by the constitution and simple let the states run things as the founders intended. Needless to say this world is far from perfect. Thus any realistic conservative--and isn't realism the only defense of conservatism?--should want, not just a non-activist judge, but one who, if activist does so conservatively.

This is a curious one and must be clarified. Strictly speaking, the conservative approach to making decisions would be a hands-off approach, giving power to the states. Yet if the high court is going to come down on the abortion issue--to use an example--it is no secret which side the conservatives will align themselves with.

The right should say what it wants, and Bush should give it to them. Miers is a silly distraction, and should not be confirmed. Chances are, she won't, but it remains to be seen just how pro-life Bush is and whether or not he shares his bases position on activism, which appears to be defined solely in the eyes of the beholder.