Black Box Politics

Was Harriet Miers nominated to replace Sandra Day O’Connor on the Supreme Court because she is not a judge, and thus has no history of judicial opinion? Will she use the same dishonest dodge used by John Roberts, claiming that all the notes associated with her legal cases were merely reflections of the opinions of her clients or employers and not her own? Will she be another black-box nominee, refusing to indicate how her biases and opinions might color her judicial approach?

In the press conference following her nomination, White House spokesman Scott McClellan claimed that Miers was chosen because she would strictly apply the law. In other words, she wouldn’t be a “judicial activist.” Despite the fact that the conservatives on the Supreme Court are the real judicial activists, having overruled far more legislation than their peers, the notion of strictly applying the law is yet another Radical Right deception. It assumes that our laws are perfectly clear, precise and complete. But of course, our laws are often unclear, ambiguous and incomplete, requiring all judges to make interpretations and assumptions. Strict application is an appealing lie.

If the Radical Right were capable of being honest, they would likely say this: “Miers was chosen because we believe that she will interpret the Constitution narrowly, which will further our goal of overturning Roe, allowing States to enact laws that restrict personal freedoms and prohibit behaviors we deem to be un-Christian, even though some of those laws might be repugnant to the nation as a whole. Furthermore, our nominee has no judicial history to defend, and will not have to divulge her opinions on sensitive cases, which will avoid a messy fight and guarantee that she will not suffer the same fate as Robert Bork. The public is too distracted by other things to demand more of the nomination process, and if non-conservatives in the Senate go after Miers, it will likely make them look bad. Her confirmation will be another victory in our effort to turn back the clock and repress the immoral citizens of our nation who have not embraced our form of fundamentalism.”

Is it possible that Miers could turn out to be a moderate? Don't bet on it. Karl Rove and his scheme-team wouldn't leave something as important as the Supreme Court to chance. I'm sure they know exactly where Miers stands. Too bad the public won't, at least until she is on the court and deciding cases.

America will be a much better place when Bush and his pack of scheming, deceptive, incompetent cronies leave Washington for good.