Revolt of the Eggheads
R. Alex Whitlock
So Harriet Miers is out. When is the last time a nominee was shot down not because of some personal scandal or even for being "too radical," but simply for not pleasing the forces in one's own party? I'm not a Supreme Court historian, so I don't know.

Much has been talked about with Miers, so I don't feel the need to waste our time on rehashing what has been said elsewhere. It's apparent, to me, that Miers was a poor pick. Easy to say now, of course, but any time a nominee has to step aside before it even begins due to objections within your stable, it's pretty tough to put forth face-saving spin. I was never particularly excited about Miers and as the opposition to the nomination mounted, I found myself agreeing with it. At the same time, though, while I found Miers uninspiring and a poor pick, she was nowhere near worthy of the multitude of attacks heaped on her.

It's all quite astonishing, really, until you consider that it was never really about Miers at all.

It has not been a particularly easy time to be a Republican. One by one, many of us have looked back at the Administration that we are defending and realizing that only are we finding ourselves defending the indefensible, we're defending much of what we're here to attack. And yet we find ourselves in the position articulated so well by Rob Booth:
Nancy Pelosi et al criticizing the GOP for abandoning their ideals is kind of like David Lee Roth criticizing The Police for abandoning their New Wave roots. He might be right, and it is sad that Synchronicity isn't as good as Outlandos D'Amour, but are you saying that if I buy the new David Lee Roth album it's going to sound like Regatta de Blanc?

Of course not. Give the Democrats the House, Senate, and Presidency, we'll be living in a European-style socialist state faster than you can say anarcho-tyranny.

So, if the goal here is to win the debating contest, then ok, you win. I'm disappointed in the Republican leadership. Glad to see that's fun for you all, that really endears me to your cause.

If the goal is to disalign limited government types from the GOP, they're doing a good enough job by themselves. Thanks for playing though.

And critiquing party that you've come to merely find less unfavorable than the other party, you're put in a bind also well-articulated by Mr. Booth:
One of the many things that tires me about politics is this: In any endeavor I undertake, I look back at it afterwards and think about ways that it could have been better. That's the military training coming through, we always conducted "after action reviews" where we were free to critique our performance and the performance of others. Done right, this is an excellent tool.

Unfortunately, in politics, this technique is impossible to implement. Because some people are interested in assigning blame, for political purposes, people try to avoid taking responsibility, for political purposes.

This leaves people like me, with one foot in politics and one foot in the real world of people who do things for a living, in a difficult position. I can critique the Administration's response and aid those who would use that honest critique for a dishonest political advantage.

I can't be the only Republican feeling this crunch. I'm pretty confident that I'm not. The usual suspects have been chest-beating purity grunts for a couple years now. But a lot of us have sat back and looked at the alternatives and punched the ticket for the administration by either defending it or ceasing fire. This includes a number of the people that were the loudest during this nomination process.

I'm not sure exactly what it was about Harriet Miers that made it the straw on the camel's back, but I think that's what it was. Even with Miers withdrawn, the underlying causes of the fissure remain. Intellectual and philosophy-oriented conservatives have been taking all kinds of social heat for defending an administration largely seen as anti-intellectual. And it was this particular poke-in-the-eye that they had no particular interest in defending because there was the perception that it came at their expense. In the same way that the Katrina response made it harder to defend the administration more broadly in Iraq, the Miers pick made it harder than it already was to defend the notion that this Administration even has a philosophical underpinning. That's important because without it, some of the sacrifices made that are 180-degrees from where conservatives would like them to be (spending, most centrally) becomes impossible to defend. It even becomes impossible to accomodate. It's one thing to run up deficits to 'choke' the federal government or to spend more our way so that we don't spend it theirs, but without the philosophical underpinning, all you're really doing is negotiating the terms of your surrender.

For a party that's been in almost complete and uninterrupted power for five years now (except the courts, another reason why this straw was heavier than it originally looked), it's enough to blow one's mind. And that's what happened. A lot of otherwise thoughtful and conscientious conservatives simply blew their minds. People can try to paint David Frum as an opportunist all they want, but he's done his career no favors this past week and I honestly believe that wasn't the point. The point was catharsis, which makes for crappy career moves and even crappier politics.


Posted to Head of State
 
 

Observations

 
Gary Farber wrote:
I may be wrong, but I suspect the answer to your initial question is George H. Williams, 1873, a U.S. Grant nominee.

See here:
http://www.cqpress.com/inco...

"Only two Supreme Court nominees have gone unconfirmed primarily on the grounds that they were professionally unqualified. In 1873 President Grant nominated his attorney general, George H. Williams, to be chief justice. Williams had served as chief justice of the Oregon Territory, but his record was undistinguished. When the Senate showed signs of balking at the nomination, Williams asked that his name be withdrawn."

Naturally, the Senate was majority Republican; can't recall exactly why; something about a recent regional spat.
10/31/2005
 
Gary Farber wrote:
"(except the courts, another reason why this straw was heavier than it originally looked)"

The overwhelming majority of both Federal judges overall, and appellate judges on their own, have been appointed by Presidents Nixon, Ford, Reagan, Bush, and Bush. You can look it up. The federal courts are overwhelmingly majority-Republican-appointed, and not by President Eisenhower, either. (It would be fairly odd if this were otherwise, if you simply look at the number of Republican Presidents to Democratic Presidents in the last 40 years; only a massive bomb killing hundreds of federal judges during Clinton's turn, or something of that nature, might have lead to a different result; that's 6.5 Republican Presidental terms to 3 Democrat terms, he said helpfully; naturally the courts have long been Republican; it's this sort of thing that leaves Democrats so baffled as to how Republicans can feel persecuted when they've so long held such dominance; 1986 is kind of a long time ago, and that wasn't exactly in a time of Vast Democratic Power; you have to look back to 1966 for the last time the Democrats actually had that.)
10/31/2005
 
RAW wrote:
Gary,

Thanks for the history lesson on Williams. Never would have gotten that on my own.

As far as the judiciary goes, that only goes to underscore the conservative frustration. Judges appointed by Republicans have issued ruling after ruling more friendly to the left than the right (affirmative action, sodomy, abortion, compaign finance reform...). At least insofar as the Supreme Court, which had a 4-2-3 split despite having 7 GOP appointees and 2 Dem ones.

Despite making a majority of appointments, time and time again the Supreme Court has issued rulings unpalatable to Republicans. Makes what would otherwise be a light straw (an uncertain and underwhelming nominee) an incredibly heavy one. A tendency of Republican-appointed justices to shift to the left is in someways more disturbing than Democratic-picked justices making similar rulings. There's a reason that Souter is singled out by Republicans more often than Ginsberg.

Republicans, it can be said, only have themselves to blame. Hence the anxiety.
10/31/2005
 
MIKE wrote:
Actually RAW, I don't think the point was catharsis.

I rather think it was meant as a reminder to the President - these parts of his constituency finding a way, finally, to remind him that they do matter. Because as much as unfortunate as it is, Bush and his administration's position are predicated strongly on the "well would you really vote for the other guy" appeal rather than actually making conservatives WANT to vote for and/or support the administration.

As for your point on the courts, I couldn't agree more. Although much of that has to do with the fact that during most of those "Republican" administrations (indeed, every one but Bush43) the Democrats held the Senate, and so confirmation of judges required that they be wishy-washy picks that were as likely as not to turn out quite left.
10/31/2005
 
publiustx wrote:
>>That's important because without it, some of the sacrifices made that are 180-degrees from where conservatives would like them to be (spending, most centrally) becomes impossible to defend. It even becomes impossible to accomodate. It's one thing to run up deficits to 'choke' the federal government or to spend more our way so that we don't spend it theirs, but without the philosophical underpinning, all you're really doing is negotiating the terms of your surrender.<<

The 2005 deficit is 2.6% of GDP.

Reagan, the President that the loudest critics all want to hold up as the ideal that Bush is failing to live up to, presided over a figure as high as 6% in 1983.

The Gipper saw his tax cuts eroded (and a real estate/banking crisis emerge because of his terrible backtracking on tax policy) in 1986, never enacted any reforms as significant as No Child Left Behind (look beyond the spending to the real reforms) or the 2003 Medicare legislation (look beyond the prescription drug bribe for the real reform, Health Savings Accounts), and didn't dare forge ahead on anything as daring as Faith Based Initiatives (that scares most libertarians, of course).

I'm not saying Reagan wasn't the real deal, or that W is somehow "more" of a real deal, although the legislative accomplishments do speak loudly (and will speak even more loudly in time -- we're too close to it now). I'm just saying that myopic libertarian bloggers were always mistaken if they thought Bush (or Reagan) was truly "one of them."

To be honest, their man is Ron Paul. And his Presidential campaign was such a success that he had to scamper back to become a Republican to get elected to anything.
10/31/2005
 
RAW wrote:
Mike,

/these parts of his constituency finding a way, finally, to remind him that they do matter/

The search for relevence is not inconducive to catharsis, in my view. The point was that it was not about Miers and was only marginally about Bush, but it was mostly about them, the sense of personal affrontary that they felt, and coastal Republican frustration.

This was more than a case of Miers not being conservative enough. Only the libertarians actually have a problem with her that's ideological. The primary case against her was that she wasn't smart enough, she wasn't distinguished enough, and she wasn't philosophical enough (she not only had to vote against Roe, but she would have to do so for the "right" philosophical reasons).

Of all the "examples" they wished to make, they made it against a court nominee who probably would have voted their way three times of every four and without their involvement would have been confirmed rather easily. But dammit, she wasn't what they wanted and for a variety or reasons this one was personal.
10/31/2005
 
RAW wrote:
Kevin,

I may not have been clear about the "philosophical underpinning" part. To give the President any points on the nature of how the money is spent (NCLB and FBI), you have to accept to an extent that there is a philosophical difference that drives how the GOP would spend the money (market-based incentives, private engines such as churches, accountability) compared to how Democrats would, you have to believe that there is a method to Bush's madness. There used to be a case that it was all a means to an end. It's a harder proposition to defend at this point.

As for the Reagan comparisons, there's a perhaps incorrect assumption that Reagan's spending was more tied to the military than Bush's has been. A better way to compare Reagan's "faults" with Bush's would be to point to specific domestic spending initiatives of Reagan's that compare to Bush's increased federal spending on education, health care, and so on.

In any event, one of the things I find most interesting in discussions with many liberals is that their faults with Bush seem largely to be centered around how conservative he is. Conservatives, of course, have a very different complaint.
10/31/2005
 
MIKE wrote:
RAW,

/Of all the "examples" they wished to make, they made it against a court nominee who probably would have voted their way three times of every four and without their involvement would have been confirmed rather easily. But dammit, she wasn't what they wanted and for a variety or reasons this one was personal./

I won't disagree there. The "variety of reasons" are a lot of them I can understand - Bush has not, despite the rhetoric of the Democrats, been all that conservative on most issues. Conservatives who vote Republican, and Republicans who identify as Conservatives, have both spent probably about as much time wondering what the heck he's thinking as they do supporting him.

Bush got elected on a vote of "I don't really feel like voting for this guy but I can't let Kerry win" from many of them, and for a lot of them, they're biting their lip right now because they're feeling a ways distraught - primarily because they are sure (right or wrong I can't say) that a much more conservative person still could have won against Kerry, and they wouldn't be looking on from the outside wondering how Bush can ignore his base, even moreso now that he's a lame duck Prez.

As for the nominee who probably would have voted their way 3 out of 4 times, I'll remind you that even the "turncoat" justices like Souter probably do that; remember how many cases reach the Court each year, many of which really don't set that much precedent and are mostly a matter of some procedural workthrough or otherwise just don't set people off.

It's that 1/4 that they're worried about, because for some reason the 1/4 involved are always the bigger issues. And once a Justice is confirmed, they're on the bench for life. Miers was too unpredictable for them, and I can't really say I blame them for it, even if you're also right to point out that it was a fight made personal because of the way the pundits who opposed her have felt on a variety of other issues.
10/31/2005
 
RAW wrote:
Relatively few thought she would actually be a Souter, though. The prospect was mentioned by a couple, but at least some of them (Coulter, for instance) said the same of Roberts. Many of Miers detractors conceded that she may even be a more reliable vote than Roberts. The issue was framed about intelligence. They said over and over again that how she would vote wasn't the point, the point was that she would not be a good justice. She was the "wrong kind" of conservative and wrong kind of judicial thinker. That's why I don't buy that this was an ideological struggle between the puritans and the sell-outs.

We seem to be on the same page regarding the source of the frustration, though I place less of it on ideas (how conservative or not Bush has been) and a lot of it on cultural pressures. It's no accident, in my mind, that most of the anger came from coastal conservatives because they're the ones that are holding on to their ideology despite cultural pressures not to, and intellectual conservatives, who have been facing similar cultural pressures by being intellectuals in the anti-intellectual party.
10/31/2005
 
rrbooth wrote:
publiustx,

I think the Pres. Reagan analogy is not quite valid. The excuses myopic libertarians were given then don't apply now.

Advocates of limited government, in the GOP and out, did object to the deficits during Pres. Reagan's terms. I remember being told that there were compromises that had to be made because the Democrats controlled the House and that the defense buildup was necessary to defeat international communism.

Then during Pres. Bush 41 complaints about his not limiting government were met with excuses about Democrats.

During Pres. Clinton's two terms, when the GOP gained control of the House and the Senate, the excuse was Pres. Clinton.

For a while the excuses under Pres. Bush 43 were the "liberal Republicans."

I haven't heard any attempts at excuses lately that I've even bothered to remember.

Maybe it's a big misunderstanding. I understand GOP platform statements, politician speeches, etc in favor of limited goverment to mean that the size of government will be absolutely reduced.

They seem to mean that the government will grow more slowly than if the Dems were in charge. If they mean anything other than making promises to get people to vote for them.

I never thought that Reagan or Bush were libertarians. I did take the GOP position in favor of limited government to mean something, though.
10/31/2005
 
MIKE wrote:
rbooth,

I'll take part of the problem being the fact that the Democrats/Media managed to successfully rebrand reductions in planned growth rate as "cuts", giving a REAL bad name to anything that would actually reduce the size of government.
10/31/2005
 
Gary Farber wrote:
If it helps, I'll thoroughly agree that President G. W. Bush hasn't governed in a particularly conservative way at <i>all</i>, he said cheerfully.
11/1/2005
 
Gary Farber wrote:
"I haven't heard any attempts at excuses lately that I've even bothered to remember."

There's a war on, you know. Effort that would have been devoted to excuse-making has been devoted to armor plating. Plus we've had Katrina/Rita, and 9/11 in general.

And it would be great to help out small business, but, darn it, we need big business to help pass our bills, and for the war effort.

Besides, we're too busy talking straight to the American people to make excuses.

The last remaining bits of effort have gone to restoring honesty, honor, and dignity to the White House.

Beg pardon. Apparently someone grabbed this keyboard while Gary was away from his desk. Most embarassing.
11/1/2005

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