The Politik of Tork

The Supreme Court - Harriet Miers

Todays source material is this from CNN

I am not saying that I was for or against Miers. I was hoping that I would have gotten the chance to see her go through the confirmation hearings. Unfortunately, that won't happen thanks to pressure from conservatives. It seems to me that the whole nomination process has gone from ensuring that the nominee is capable of doing the job to ensuring that the nominee will be someone who will rule a certain way.

You hear this term of "judicial activism" a lot nowadays. What those who use that term a lot seem to not realize is that it is a double edged sword. I believe that placing someone on the court who would overturn Roe v. Wade would be considered by some to be judicial activism as well.


This is what the constitution says about the appointment process.

Clause 2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

Clause 3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Given that, if there is continuous opposition from either party to the President's nominations, what would stop him from waiting until the Senate goes on recess and just appointing the next Justice? It's not like he has to run for office again, and it's ultimately his decision and no one elses. Going that route wouldn't necessarily effect the next Republican to run for office, and if it were to come down to this, people might actually see that a given appointee isn't so bad after all.

Ultimately, I believe that Miers' withdrawl was caused by the overreaction of conservatives who did not have as much information as they could have if the confirmation hearings would have happened. Let the hearings happen. If after the hearings you still have issues with the nominee, then openly oppose her.

By voicing your opinions so loudly that the hearings never happen and the nominee withdrawls, you not only make yourselves(whoever is in opposition) look like power mongering dilletantes only concerned with your own narrow views but you belittle the foundation of the whole process, our Constitution.

posted by Matt @ 3:02 PM