Friday, October 07, 2005

Supreme Court

I haven't made up my mind on the whole nominee issue yet, but here's a well-argued article from the anti-Bush side.


Blogger Noumenon said...

Krauthammer's got it! Here's why Miers was nominated:

] "We are now at war, and therefore the great issue of our time is the powers of the president, under Article II, to wage war. For four years Miers has been immersed in war-and-peace decisions and therefore will have a deep familiarity with the tough constitutional issues regarding detention, prisoner treatment and war powers.

] Perhaps. We have no idea what her role in these decisions was. But to the extent that there was any role, it becomes a liability. For years -- crucial years in the war on terrorism -- she will have to recuse herself from judging the constitutionality of these decisions because she will have been a party to having made them in the first place."

Bush wants those decisions approved. This is a substitute nomination for Gonzales, whose "torture memo" finding legal justification for our interrogation techniques is exactly the kind of enabling judicial philosophy Bush wants on the Court. Increased executive power and privilege is more important to him than perceptions of cronyism or even supporting torture. That's why he nominated somone whose only qualification is loyalty to the executive.

This is what advice and consent is designed to prevent. Republicans in Congress are mad, but I don't think Congress has the teeth to stop it any more. It's another step toward the imperial presidency.

(Krauthammer thinks recusal would be necessary, but who says she has to? Bush was pretty happy nominating Gonzales to Attorney General to enforce the same laws he was writing legal justifications around.)

9:32 AM  
Blogger Noumenon said...

I admit this theory doesn't explain why the Democrats aren't complaining or why Miers was on Harry Reid's list of good compromise candidates. Oh well, theories are fun, like my one about Karl Rove being kicked out of the White House over Plamegate and that's why Bush is doing all this apologizing and compromising now. Then they come out with that article, Rove played an active role in the selection of Miers. But then I thought, what if they're just making him take the fall for this one so he can resign? What fun it is.

10:43 AM  
Blogger Octavo Dia said...

Bix's interpretation was that this was high-stakes political payback. He interpreted it as Miers getting Bush out of a serious jam a while earlier, and now he's returning the favor.

I have decided that I am opposed to the Miers nomination.

7:49 AM  
Blogger Noumenon said...

He interpreted it as Miers getting Bush out of a serious jam a while earlier, and now he's returning the favor.

Didn't he owe Scalia the Chief Justice nom. then?

Here they've caught some more conservatives speaking candidly about the nomination -- what a delicious leak!

7:40 PM  
Blogger Noumenon said...

The supreme court entrance exam, revealed. (I'm surprised didn't get this one first.)

8:08 AM  

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