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TechnographColumn: Miers: a Souter in making?
By Shouger Merchant
Posted: 10/19/05 Section: Opinions
When politicians realize that they do not have to pander to partisan loyalties, they often make decisions that are in harmony with their conception of public good and a deep-rooted sense of right and wrong. Conservatives live in the great fear that Harriet Miers, after her confirmation might defect to the liberal wing, Souter style.
A major cause of concern for them is that Miers contributed to Gore's presidential campaign and the Democratic National Committee and is listed as chairman of the 1998 American Bar Association committee that recommended legalization of gay adoptions. But, to lend her some Republican credit, she has served the Bush administration since 2001 in various capacities as White House counsel, staff secretary and deputy chief of staff for policy. Bush has also said he has complete confidence in her political philosophy which is akin to his personal frame of mind. While maintaining that he doesn't recall ever talking to Miers about abortion, Bush stated, "I know her heart."
But that isn't enough for conservatives; they have heard it all before. Republicans now want assurances that nominees who appear to be conservatives will stand their ground when relieved of their parties and labels, unlike their past nominees. Eisenhower appointed William Brennan, who later became the leader of the court's liberal division, and then Earl Warren, who was Eisenhower's "biggest damned fool mistake." Nixon's appointments Harry Blackmun, who wrote the majority opinion of Roe v. Wade, and Lewis Powell, champion of affirmative action, also betrayed their party alliance.
Then there was Ford appointee John Paul Stevens and Reagan appointees Anthony Kennedy and Sandra Day O'Connor, who deliberated and set many liberal precedents in the past few decades. Last but not least David Souter, nominated by George W. Bush's very own father was also a "defector." All of them were sought after as conventional conservatives until they hit the bench.
Why is this a trend? Nobody knows. Maybe they become wiser. Maybe their respect for the constitution and the citizens who put all their trust and faith in the Supreme Court enables them to rethink their philosophies.
A major cause of concern for them is that Miers contributed to Gore's presidential campaign and the Democratic National Committee and is listed as chairman of the 1998 American Bar Association committee that recommended legalization of gay adoptions. But, to lend her some Republican credit, she has served the Bush administration since 2001 in various capacities as White House counsel, staff secretary and deputy chief of staff for policy. Bush has also said he has complete confidence in her political philosophy which is akin to his personal frame of mind. While maintaining that he doesn't recall ever talking to Miers about abortion, Bush stated, "I know her heart."
But that isn't enough for conservatives; they have heard it all before. Republicans now want assurances that nominees who appear to be conservatives will stand their ground when relieved of their parties and labels, unlike their past nominees. Eisenhower appointed William Brennan, who later became the leader of the court's liberal division, and then Earl Warren, who was Eisenhower's "biggest damned fool mistake." Nixon's appointments Harry Blackmun, who wrote the majority opinion of Roe v. Wade, and Lewis Powell, champion of affirmative action, also betrayed their party alliance.
Then there was Ford appointee John Paul Stevens and Reagan appointees Anthony Kennedy and Sandra Day O'Connor, who deliberated and set many liberal precedents in the past few decades. Last but not least David Souter, nominated by George W. Bush's very own father was also a "defector." All of them were sought after as conventional conservatives until they hit the bench.
Why is this a trend? Nobody knows. Maybe they become wiser. Maybe their respect for the constitution and the citizens who put all their trust and faith in the Supreme Court enables them to rethink their philosophies.
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