I’ve read a good bit on this subject and would first like to say that I trust the President when he says that Ms Miers is a woman of character and integrity. I also don’t hold to the notion that he must pick someone based on a litmus test of a single issue or that the court's balance must remain forever what it was in the days when Democrats had a majority of the votes in the US Senate. He does however have an obligation to nominate the best possible person based on an evaluation of all those qualified for the job. I don’t believe he did that. George Will, who I read regularly and believe provides fair analysis and criticism on such topics most of the time had this to say in his column yesterday.
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Furthermore, there is no reason to believe that Miers’ nomination resulted from the president’s careful consultation with people capable of such judgments. If 100 such people had been asked to list 100 individuals who have given evidence of the reflectiveness and excellence requisite in a justice, Miers’ name probably would not have appeared in any of the 10,000 places on those lists.
That is a very sobering thought.None of this is to say that she can’t turn out to be an outstanding justice. The problem is that there is no way for anyone besides President Bush or his close circle of friends to see that possibility. Given the significance of a lifetime appointment to the nation's highest Court, that just isn’t good enough for me.
We’re all fond of saying what we feel the Founding Fathers would say or do in certain situations. This is what Alexander Hamilton said on this exact subject.
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From "The Federalist" # 76 (signed 'Publius.') April 1788:
[The President] would be both ashamed and afraid to bring forward, for the most distinguished or lucrative stations, candidates who had no other merit than that of coming from the same State to which he particularly belonged, or of being in some way or other personally allied to him, or of possessing the necessary insignificance and pliancy to render them the obsequious instruments of his pleasure.
[The President] would be both ashamed and afraid to bring forward, for the most distinguished or lucrative stations, candidates who had no other merit than that of coming from the same State to which he particularly belonged, or of being in some way or other personally allied to him, or of possessing the necessary insignificance and pliancy to render them the obsequious instruments of his pleasure.
“Obsequious instrument of his pleasure” may be a bit strong but the logic is very sound.
