If you accept the judgment of the polls, George Bush is a stricken President. Leave aside his now permanent sub-50 percent status in popular approval. Take his calling card, conduct of the “war on terror” and Iraq. His status on the approval charts now shows him wallowing without mast or rudder in the mid-30s. Honesty? Here Bush is bidding to join Nixon in the sub-basement of popular esteem, somewhere around the 40 percent mark.
But hold! The measure of a stricken President is surely an inability to push through the legislation he desires. Remember Bill Clinton. By midsummer in his maiden year of White House occupancy he was truly stricken. He had to send a Mayday call for lifeboats, which duly arrived under the captaincy of Republican David Gergen, with Dickie Morris soon to follow. By July 1993, as the receptacle of liberal hopes, the Clinton presidency was over.
Look now at Bush. Stricken he may be in the popular polls, but his political agenda flourishes.
Start with his nomination of John Roberts to the US Supreme Court. As the career of this far-right jurist gets dissected, there’s surely rich meat for critics to feast on and even throw the nomination into doubt. It turns out that Roberts’s judicial philosophy is as extreme in its right-wing tilt as that of Robert Bork, although Roberts wears the mien of a cornfed Midwesterner and not the feral snarl that doomed Bork from the outset. The record shows that throughout his career Roberts has been a prime legal strategist for the subversion of constitutional rights and unbridled expansion of executive power.
But does Roberts face a gantlet of ferocious interrogatories from Democratic senators? Hardly. The Democratic challenge to Roberts, such as it is, has mostly devolved into a pillow fight with the White House over the availability of records, the kind of procedural wrangle that drags on to the delight of political insiders, but to no useful consequence.
There’s no need for more materials. The necessary details are already there in full view, from Roberts’s legal assaults on the environment and on civil rights to his stance on corporate impunity and on the denial of fundamental human rights in the prosecution of Bush’s wars. Why the search for more records?
The Democrats have long since lost the appetite to confront a nominee at the level of political philosophy, the terrain on which they defeated Bork in 1987, when Jesse Jackson was challenging the party’s credentials from the left. When it came to Clarence Thomas they opted for a probe of his sex life, and Thomas turned the tables on them.
You can’t expect the Democrats to toast Roberts on the grill for his ruling upholding denial of any rights to “enemy combatants” when the Democrats themselves shunned torture at Abu Ghraib as an issue in the spring and summer of 2004.
Go now from Roberts to John Bolton and yes, we find another summer triumph for the stricken President. It seemed for a while that Bolton’s nomination was on its knees. The Democrats could have floored him on a number of issues, starting with his lies to Congress about the fact that he had been questioned by the State Department’s Inspector General in 2003 in the Plame inquiry. But the Democrats let him struggle on, losing the initiative in another wrangle about records, and now, with the recess appointment, Bolton is installed as US ambassador to the United Nations till January 2007.