Bush’s advisors must have momentarily forgotten that their boy-king doesn’t read the newspapers; probably Bush overlooked how desperate right-wingers were to nominate their very own reactionary Supreme being. His advisors also apparently lost track of who it was that first inserted into Bush’s stump speeches all that stuff about nominating a Scalia/Thomas-lookalike. Bush aspired to highest office with hardly a clue about how to thoughtfully select a Supreme Court nominee. With little previous interest in the fine details of constitutional law, he lacked the legal sophistication to distinguish a Scalia from a William O. Douglas.
Upon gaining the presidency, however, Bush quickly turned to his small inner circle for the necessary crash courses on foreign policy (Rice) and law (Miers), just as he once turned to his boyhood hero, Cheney, for instruction on how to select a running mate. It’s very likely that, just as Bush learned everything he needed to know (we hope) about geo-strategy from Rice, he has Harriet Miers to thank for his insights into the workings of the Supreme Court.
So, based on recent evidence, what did Miers teach George W. Bush?
That selection of a Supreme Court justice is a uniquely personal presidential prerogative, as well as a weighty responsibility…
…And that someone with the very specific qualities of say, a John Roberts—someone not a partisan ideologue, who loves the law, who is well-trained, accomplished and respected, moderate in temperament and above reproach in his personal life—would be an admirable choice.
Miers would also have taught Bush that conservative presidents can reasonably appoint conservative justices, that litmus tests aren’t appropriate, that candidates don’t have to answer questions about their personal and political opinions, and that good justices set aside their own biases, and seek, with each new case, to determine the current law of the land.
Bush might also have learned from Miers that, for every thorny case before the Supreme Court, a reasonable legal argument could be made on either side, and that a wise justice resists radically changing accepted law, but rather leaves major legal shifts in direction up to elected lawmakers. If Bush took in the highlights of the Roberts’ proceedings, he no doubt enjoyed hearing distinguished colleagues from both parties echo and affirm his own newly-acquired legal convictions.
No minority candidate with anything like Roberts’ sterling qualities appeared on the shortlists, so Bush must have gratefully embraced the idea that Miers would be a good compromise—for the same reasons he believed Roberts to be a sound nominee. Bush probably thought he was cleverly cutting a Gordian knot in nominating Miers—a woman who (he imagined) would distress no one. Bush’s advisors erroneously had assumed Bush had shortlisted Miers as a professional courtesy, and would not forget where his bread was buttered.
Yet Bush has always elevated his most-trusted teachers—Rice, Cheney, and now Miers—because each has taken advantage of their considerable opportunities not only to shape their belatedly conscientious pupil’s thinking, but to successfully persuade his eager blank-slate brain of the soundness of their ideas. Considering our president’s infamous youthful lack of intellectual curiosity and indifference to exploring alternative viewpoints, it’s doubtful he realizes even now that his newly-received pearls of wisdom may in fact be debatable matters of opinion, rather than revealed truth.
It’s curious that presidents can be elected with no rigorous public hearings at all (one cannot count elaborately orchestrated debates), yet these same presidents are the very ones given the heavy responsibility of wisely nominating lifetime Supreme Court justices who must jump through elaborate hoops to get themselves confirmed.
During the upcoming hearings, Democrats will pacify their constituencies by expressing grave concern over Miers’conservatism, when in truth they’ll be kissing the very ground beneath her feet in gratitude that they weren’t handed a Scalia/Thomas clone. Democrats may even, with some reason, harbor just the teensy-weensiest outside hope that Miers will turn out to be a malleable stealth centrist.
It’s both admirable and tragicomic that President Bush so often accidentally buys into the public storylines his cronies elaborately create as cover stories to paper over their less admirable ulterior motives. With respect to Iraq, for instance, Bush actually convinced himself for awhile that his war really was all about democracy, rather than oil, giving his polpals fits as he briefly tried to run the occupation with that primary goal in mind. Now he's gone and gummed up his Supreme Court nominations by equally stupidly buying into the foolish pretense that he was actually supposed to nominate a fair judge.
Bush used to submit more humbly to his advisors’ supposed expertise. These days, Bush is apparently contemplating the possibility that he may after all have some small capabilities and experience, and is, indeed, in fact, the president, entrustable tentatively with a few independent decisions. I hope Bush shrugs off all his discredited advisors soon; just as he once picked up several useful approaches from West Wing reruns, I hope during his lame-duck years, Geena Davis will rub some of her moxie off on him, and make him surprise us and himself by going with his gut, jumping right on in—sans old advisors—to do a few things for his fellow citizens, just because they’re the right thing to do.
Will Miers be able to handle the tricks and traps that crafty old senators will throw at her with the intention of engineering a nomination do-over? If she’s Supreme Court material, she'll prove herself no slouch by winning over the American public, despite Republican machinations. In fact, the only scenario I can see for the GOP pulling out this big bad ol' disaster to their diehard constituents' complete satisfaction, would be for them to take a contract out on a couple of the current court liberals. Their fates rest….
During the upcoming hearings, the GOP will be constrained from coming right out and saying what they really wanted to do, which was to put in place an ideologue whom they could trust to consistently seek out whatever constitutional pretexts were necessary to legally lead the country back to the stone age. They’ll be forced instead to mumble lip-service courtesies to Bush’s candidate, even while scheming to blow her out of the water and replace her with some right wing nut. Democratic senators will also be squirming as they assume the distasteful duty of backhandedly persuading everyone to confirm an avowedly conservative nominee.
I hope Miers gets a fighting chance during the hearings to have the American public eating out of her hand before Christmastime. I also hope she gets a new haircut. (I’m not being sexist. John Warner needs one too.)