Know them by their enemies. The more I read of the vituperative right-wing attacks on Supreme Court nominee Harriet Miers, the more sympathetic I become. Anyone who has incurred the wrath of Trent Lott, Gary Bauer and George Will can't be all bad. If Robert Bork thinks she's a "disaster," maybe there is a positive side to this nominee that I have missed.
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McCain and W.
Robert Scheer: McCain's not a perfect replica, but Oliver Stone's Bush bio-pic reminds us they're two spoiled screw-ups who divided and conquered the country for their high-rolling pals.
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Boston Tea Party, 2008
Robert Scheer: Fear-mongering pundits and pols question the patriotism of lawmakers and taxpayers who oppose the bailout. They've got it all wrong.
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Financial Fascism
Robert Scheer: Henry Paulson isn't proposing the nationalization of private corporations--he wants a corporate takeover of government.
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Obama: Find Your Inner Populist
Robert Scheer: To win this election and save the country, Obama must renounce the scoundrels from both parties who plunged us into economic crisis.
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McCain and the Mortgage Meltdown
Robert Scheer: John McCain's fingerprints are all over our current financial crisis.
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Alaska's Windfall Profits
Robert Scheer: Why is it a good thing for Alaskans to get a cut of exorbitant oil company profits, but not the rest of us, if we are all part of one nation?
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The Cold War President
Robert Scheer: He lacks the chops to deal with our economic crisis, so McCain's best strategy is to run as the President who'll fight the next cold war. Scary thing: he might win.
True, what we know of her own religious convictions and the Valley View Christian Church, to which she has been so fervently committed, would indicate that Miers is something of a zealot and that she is personally opposed to abortion. But that would be true of any Bush nominee. Is our recently confirmed Catholic Chief Justice, John Roberts, any less fervent in his religious belief about when life begins?
What is crucial here, and what should be fully explored in the Senate confirmation hearings, is whether Miers will impose her personal religious views on the nation. Or does she, as a self-avowed strict constitutionalist, accept the doctrine of separation of church and state, which was the clearly expressed intent of the men who drafted the Constitution?
That, not the red herring of "judicial inexperience" raised so strenuously by her critics, should be the real deal-breaker here. If experience as a judge is so decisive, we would never have had a William H. Rehnquist court, nor would Roberts be replacing him as chief justice. The late Rehnquist had zero tenure as a judge when President Nixon nominated him, and Roberts has had less than three years on the bench.
As for the right wing's other main criticism of Miers--her supposed lack of constitutional-law bona fides--it must be dismissed as laughable. These same folks enthused over George H.W. Bush's 1991 nomination of rookie judge and ex-Reagan Administration bureaucrat Clarence Thomas to the High Court.
What does concern me about Miers's legal background is that she advanced her career by placing her skills in the service of the rich and powerful--whether corporations or politicians. Also worthy of serious Senate grilling are questions relating to Miers's role as a key White House legal advisor during a period when torture and other human rights violations have been routinely condoned by this Administration.
The real problem with Miers is the possible conflict of interest between her loyalty to the law and her devotion to a President she has called, according to conservative pundit David Frum, "the most brilliant man she had ever met." And the Los Angeles Times reports that an associate of hers said she considers the President "a genius." Such quotes hardly leave one sanguine about Miers's capacity for objective judgment.
The most important responsibility of the Supreme Court is to guard against the unconstitutional abrogation of power by any of our three branches of government. Yet here is a nominee to the high court who, with every glance, expresses fawning admiration for a President who has shredded constitutional safeguards. (Deceiving Congress as to the justification for a foreign invasion must leave the founders of this nation twirling in their graves.)
Such devout loyalty to a President is quite worrisome--especially one who only attained the Oval Office through the connivance of a Supreme Court sufficiently politicized to interfere in the clearly defined obligation of the states to conduct a fair vote count. And does her loyalty extend to Bush's relatives, such as brother Jeb, who is a likely presidential candidate down the road? Or to the growing number of allies of this President who are now in trouble with the law?
For all of these reasons, Miers's nomination must be thoroughly scrutinized, but we should keep an open mind. With the vicious and deceitful enemies that this woman has made, she deserves a few honest friends.
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