The Right Coast

October 19, 2005
Bork on Bush
By Mike Rappaport

I don't always agree with Judge Bork, but he nails it in the Wall Street Journal today. The first paragraph of the piece states:

With a single stroke--the nomination of Harriet Miers--the president has damaged the prospects for reform of a left-leaning and imperialistic Supreme Court, taken the heart out of a rising generation of constitutional scholars, and widened the fissures within the conservative movement. That's not a bad day's work--for liberals.
The last paragraph concludes:

Finally, this nomination has split the fragile conservative coalition on social issues into those appalled by the administration's cynicism and those still anxious, for a variety of reasons, to support or at least placate the president. Anger is growing between the two groups. The supporters should rethink. The wars in Afghanistan and Iraq aside, George W. Bush has not governed as a conservative (amnesty for illegal immigrants, reckless spending that will ultimately undo his tax cuts, signing a campaign finance bill even while maintaining its unconstitutionality). This George Bush, like his father, is showing himself to be indifferent, if not actively hostile, to conservative values. He appears embittered by conservative opposition to his nomination, which raises the possibility that if Ms. Miers is not confirmed, the next nominee will be even less acceptable to those asking for a restrained court. That, ironically, is the best argument for her confirmation. But it is not good enough.
It is just amazing how alienated I am from the Bush Administration these days. It is not just the insanity of the Miers nomination; it is also that Miers was the last straw.

That said, I am still optimistic about one thing. I think it is slightly more likely than not that Miers will not be confirmed. And if she is not confirmed, I think it is also slightly more likely than not that the reason is that she withdraws rather than she is rejected by the Senate.