Thursday, October 06, 2005

Roberts & Miers -- too clever by half

The Roberts nomination may be the perfect example of W and Karl Rove outsmarting themselves. If conservatives like Sam Brownback vote against Harriet Miers, then moderate-to-conservative Democrats like those in the Plains and the South could vote against her with impunity, citing lack of judicial experience. But if she goes down (or, more likely, gets withdrawn) then who does the President nominate? A hardline conservative female judge (his only real option if Miers withdraws) would only prompt a flat-out Democratic filibuster (you nominated a mainstream conservative, we would have supported her, now you are just pandering to the right).

I must admit that Roberts was almost the perfect first choice for a President wanting a conservative, brilliant legal scholar with little record to pick apart. But then every second choice pales in comparison. Bush's strategy (guided by Miers herself) may look too clever by half.

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