Lode 10-5 II

This week, Bush nominated White House counsel Harriet Miers to replace the retiring Sandra Day O'Connor as justice of the Supreme Court. Though little is known about her judicial philosophy, there are certain things about Miers that should raise red flags, especially to conservatives.

Firstly, Miers has never been a judge. Having never issued a decision, this makes it terribly difficult to predict how she will vote when and if she is confirmed as a Supreme Court justice. In and of itself, it is not problematic that she has no judicial experience. Rehnquist had not been a judge before he became a Supreme Court justice, and, from a conservative perspective, he turned out to be a stellar selection. However, just because it turned out well with Rehnquist does not mean that Miers will be an equally sound pick. In fact, most wild-card candidates—Souter, O'Connor, Warren, just to name a few—have turned out to be moderates at best and disastrous for the Republican party.

Precedence alone demands that the prudent conservative react cautiously to Bush's appointee. Further, there is more troublesome news that should make the right—specifically the religious right—flinch. It seems that when she was running for the Dallas City Council in 1989, Miers, expressed full support for civil rights for gays and lesbians. Strictly speaking, her stance on gay rights is of no concern to anyone. However, if her personal viewpoint corrupts her interpretation of the law, her personal views becomes important.

To the religious right there are two very important issues, and taking the wrong stance on either of these is an unpardonable sin. These issues are, of course, abortion and gay marriage. Miers is on record as committing the unpardonable sin.

As an attempt to sell Miers to the base, the administration has spouted off platitudes about how much of a constitutionalist Miers is. This may be so, but there is

no proof she will judge with a conservative mentality. Add this to the fact that she supports gay rights and that she is at best moderately opposed to abortion; conservatives have a good reason to remain skeptical.

Quite simply, George Bush has betrayed his loyal base. With control of the Senate, Bush should have had no problem nominating a genuinely conservative justice, one who passes the litmus test of the religious right. Bush has forgone another opportunity to reshape the court in a conservative fashion, opting instead for a supposedly easy confirmation in the Senate.

“Compromise used to mean that half a loaf was better than no bread. Among modern statesmen it really seems to mean that half a loaf is better than a whole loaf,” wrote G. K. Chesterton. It goes almost without saying that Miers is half a loaf. Conservatives can only hope that the Senate rejects her. Maybe next time around Bush will adequately feed his followers.