A lost opportunity

By Aussiegirl

Mona Charen weighs in with some common sense arguments. She starts off by dismissing the unfair charges of elitism that have been thrown at those who question Miers' nomination, and follows up with these fine thoughts:

A timid and tepid pick by Mona Charen:

No, the stinging disappointment we feel is the lost opportunity. For 20 years, conservatives have been waiting to see Justice O'Connor's seat taken by an articulate, persuasive, thoughtful and energetic conservative jurist. The talents demanded by the post include, but are not limited to, a philosophical grounding in political theory, thorough familiarity with the Supreme Court's jurisprudence over the past two centuries and particularly over the past several decades, a skilled pen, and a commanding personality. Ideally, the president would have chosen someone with an established reputation for legal brilliance. Why? Because the task of a Supreme Court justice is to persuade. Even in dissent, his or her reasoning may influence the law and our society for decades. This is not the place for an affirmative action hire (though a number of splendid women judges were available), nor for a fine staffer, no matter how solid and reliable she seems to the president.

It strikes me as incorrect, however, to label this as "cronyism." It isn't that President Bush was using this key appointment merely to pay back the loyalty of a staffer (if so, he could have appointed Karl Rove). Rather, I suspect arrogance. It was probably President Bush's belief that because Miers has served him so well, she will do the same for the nation. Some of us demur. The two jobs are completely different. Remember the Peter Principle? Besides, isn't this the same man who believed he could see into the soul of Vladimir Putin?

Others have explained that the watchword is "confirmable." If that was the president's motivation, then he failed to learn from his own success. Didn't the Roberts confirmation demonstrate that there are limits to liberal obstructionism? Roberts was so well-qualified, well-spoken and amiable that his nomination deflated the liberals without firing a shot. Far from launching a filibuster, a number of Democrats wound up voting for Roberts rather than look like extremist zealots.