So What's the Fuss? - OpEd
So What’s the Fuss?
It might have been expected that with the nomination of Harriet Miers to replace the retiring Sandra Day O’Connor, President Bush would ignite a din of criticism. What has confused the public is that the often bitter invective has come from his own party. While no nominee selected by this president would meet with approval by Democrats, the left has been gleefully restrained. In the face of the strident criticism from his staunchest supporters, the President has remained Ms. Miers’ primary cheerleader and assures his base that they will like what she does on the Court. The Left would like to know more about her position on abortion, but has been largely silent, and there appears sufficient Democratic support gathering for her among Democrats on the Hill that she would receive at least the 22 Democratic votes given to Justice Roberts and perhaps a few more.
What we know about the Nominee is that she is a native Texan whose career and life have been circumscribed by her state’s borders. In
Beset by problems domestic and foreign, the President needs all the support he can muster on Capitol Hill and cannot afford a bruising battle over this nominee. If you take the President at his word that he “knows her heart” and that she is a committed Christian and conservative who will not legislate from the bench, what is the “Right” really upset about? The President and the right to life portion of his coalition are facing different realities. The President has to manage a broad array of issues while keeping together a ruling coalition. For him to win in today’s “contact sport” approach to policy implementation requires finesse in an independent minded Senate. He knows that today’s opponent is likely to be tomorrow’s ally. For the “Far Right” the President’s reality is their disappointment. They are focused on actually having the battle. They have supported Republican presidential contenders since Ronald Reagan totally focused on turning the clock back to a simpler age where the social fabric coalesced around traditional Judeo-Christian values. They cannot imagine how that was allowed to change. They are spoiling for the fight before another election puts its majority at risk for them; it has become an end in itself. Ms. Miers, conservative or not, just doesn’t do it for them. They want to collide in the U.S. Senate with Ted Kennedy’s legions over a candidate that is a proven conservative symbol. Re-nominate Bork! Nominate Estrada, Pryor, Owens or any number of candidates highly identified with an activist agenda. For the “Far Right” Miers’ stealth candidacy takes away the fulfillment of the years of toil to meet the Left head-on and roll over them.
I hope this won’t get me run out of the “club,” but I am with the President on this one even though I suspect Ms. Miers will be an “O’Connor” not a “Scalia”. To continue as a ruling majority we must take our victories with as little blood on the floor as possible. We must also recognize that dynamic conservatism is tasked with ruling in the first decade of the 21st century—not 1980. It is essentially a weak position for the Far Right to presuppose the battle must be fought with blood on the floor before next year’s congressional races. It does not bespeak confidence as to the political future for the conservative coalition, which does not yet have a candidate for 2008 when Hillary Clinton is the likely opponent. Dynamic conservatism’s timeless values—fiscal prudence, individual responsibility, a strong defense but smaller central government, federalism, and free enterprise—continue to represent the view of the conservative majority. I am more concerned that the ruling party is losing its way in applying these principles than I am about its flexing muscles over Ms. Miers.
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Robert E. Freer, Jr., an attorney, former general counsel of Kimberly-Clark Corporation and sometimes federal government official is President and CEO of The Free Enterprise Foundation, a tax-exempt think tank located at The Citadel dedicated to the study of ethics, civic responsibility, leadership and enterprise best practice. Mr. Freer is also a visiting professor and The John S. Grinalds Leader in Residence at The Citadel’s
Charleston Mercury October 27, 2005. Page 16
