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Fly At Night

A balanced view of politics, ethics, and government budgeting

Thursday, October 27, 2005

Miers Withdraws

The Headlines in the anti-Miers blogs (some 281 blogs as reported at “the truth laid bear”):

Michelle Malkin: HARRIET MIERS WITHDRAWS: RELIEF – “What a relief. Sad, pensive, what-a-waste relief. Not happy-joy-joy relief.”

Instapundit: HARRIET MIERS HAS WITHDRAWN HER NAME from nomination – “She's to be commended for doing this. The White House made a dreadful error in nominating her, which it compounded by its ham-handed efforts in support of her candidacy, and this was perhaps the only way to ensure that it wouldn't be a complete debacle for the Bush Administration.”

Captain’s Quarters: The Krauthammer Option Wins Out – “The face-saving withdrawal option presented by Sam Brownback and Linsday Graham took only a matter of days to get recognized by the White House.”

The elitist-activist Conservative bloggers got what they wanted – Miers withdrawal. What I have learned over these past few weeks, which is what I have thought for years, is that there is little difference between the activists on the left and the right.

The “battle for the Supreme Court” is no longer about the law but about getting what the activists want.

The left could have simply brought Roe to the Congress when they ruled both houses and the President and had it passed into law. Doing so would be political death because the left would have nothing of substance to discuss during the silly election season.

The right could have done the same. The problem is that the right doesn’t have the votes in Congress to get the job done. The right will stand up and say they are against Roe but they simply won’t cast the vote.

Abortion is not an issue in Europe because the politicians had that political debate. The people spoke.

The Republicans claim that the Supreme Court is an activist court. Unfortunately, they are seeking an activist court that represents their point of view. Austin Bay echoes the right by saying “I wanted a superior constitutionalist.” You can read that as someone who will overturn Roe.

Austin Bay also notes that the Republicans are itching for a fight. Burned by Bork, the Republicans want to “restore sanity and civility to the process.” I dare say that a confrontation will not accomplish this. Just another slight of hand by the right.

We have 9 elitists on the court now. Can anyone remember the painful logic of Kelo?

I am looking for a candidate that openly states that precedent is not set in concrete. Too many decisions have been made in the past that simply weren’t based upon the Constitution.

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