O'connor and the 2005 Term
JMHACLJ at aol.com
JMHACLJ at aol.com
Thu Oct 27 10:20:20 PDT 2005
In a message dated 10/27/2005 1:03:28 P.M. Eastern Daylight Time,
zimmermi at shu.edu writes:
There generally comes a time when the question is asked whether a
second-term President has become a lameduck. The Mier's fiasco might well be the
turning point for President Bush. With the cloud both over the White House and Dr.
Frist, the nuclear option seems gone. So any nominee has to be acceptable to
some Democrats. But no one acceptable to the Democrats may be acceptable to
the Republicans who want to distance themselves from the leadership for their
own political interests. It is like Republican gubernatorial politics in
California: Before the recall, no Republican who could get elected could get
through the Republican primary and no Republican who could get through the
primary could be elected.
Here's two cents worth, and they are mine:
First, the base and the President have to come to terms, and they are
simple: Set aside all discussion about whether Miers satisfied his commitment to a
certain kind of judicial candidate. No prideful displays of "we told you
so-ism." No petulance over disappointments about the response of the base to
his choice and his call for trust. The President either (a) believed that she
did or (b) wanted others to believe that she did. Whether those who
disagreed with the President over the Miers pick are right or not, they must have
the good graces to move forward without playing the oaf or the bully. The
President, of course, can be counted on to act the man here and to move forward
without rancor or spite.
Once the terms of the relationship are re-established, all that is required
is for the President (again, as he sees, or for the first time on this
nomination, as some in the base may see it) to follow up on his commitment to
Justices in the mold of Scalia and Thomas. If he does this, and if he is seen by
the base and understood by the base to have done it, then the base will rush
in to him with open arms. No lameness. No duckness. Just an overwhelming
outpouring of love and support.
But to get that response, we can expect that base will insist that no
guessing game must be forced on them regarding the choice he makes. In other
words, the base will rightly insist, in return for its outpouring of affection
that on an Edith, an Alito, a Luttig, or another (than me) Henderson, as in
Karen LeCraft Henderson. In other words, a nominee who looks, walks, talks,
writes, and veritably oozes Scalia-Thomas-ism.
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