Who Is Being Disingenuous?

10 October 2005 @ 18:40 | Posted in » Politics

But only a disingenuous pundit will argue that it is better to lose ground in the elections of 2006 than to maintain or gain grouynd then. And only a self-deceiving individual will argue Hillary-Obama is getting hurt by this intra-party melt-down.

The above is Hugh Hewitt’s latest argument for why conservatives should not block Harriet Miers’ nomination to SCOTUS.

This is the wrong angle to take. Nominating a justice to SCOTUS needs to rise above mid-term elections. The justice filling Justice O’Connor’s seat will be an integral part of the next generation. That is not something which should be taken likely. The candidate needs to demonstrate more than loyalty to POTUS. Mrs. Miers has no constitutional law background. That is what the job entails: applying the US Constitution.

Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;–between a State and Citizens of another State;–between Citizens of different States, –between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Even if Mrs. Miers is a brilliant lawyer, capable and decent, to say she is the best person available discredits others who have worked a lifetime studying the Constitution.

There is zero advantage and plenty of harm in defeating Miers, including the very obvious encouragement of the previously fever-swamp argument that Bush was a lame duck.

It is not so much trying to defeat Mrs. Miers. Rather, it is heralding a call for excellence at every turn, despite poll numbers, mid-terms, and other politically motivated initiatives. SCOTUS deserves the best justice available. Americans deserve the best justice available. Is a White House lawyer who has been in the president’s entourage for the past 15 years the best person available? If not, stop bloviating about what is politically expedient and hold the president, even if of your own party, to the highest standard.