Thursday, October 13, 2005

Surrendering The High Ground

Okay, the Miers nomination has finally hit my radar screen. One would have thought it wouldn't have taken this long. After all, the runaway judiciary is a real hot button for me. But I guess I had just chalked it up to another in a long line of disappointments in the Republicans for conservatives. Rush called it a pick made from weakness, I rather thought of it as a pick made on the defensive. As Immanuel said, maybe Bush was reeling from all the fallout from Katrina and wasn't up for the fight. And who could blame him anyway? Would you expect the senate Republicans to stand up?

I was thoroughly disgusted with the Democrats (which has become commonplace for me ever since the Wellstone memorial service) for their transparent view that this was all about Roe vs. Wade and abortion. Quite a small-minded view considering you are appointing someone for life to the highest court in the land. For conservatives, and, I thought for Republicans, the issue was much larger. I thought what was at stake was the Constitution and whether it means anything anymore.

With recent decisions such as Kelo vs. New London, campaign finance reform, sodomy laws, and juvenile death penalty statutes it seemed not to matter what the Constitution said or did not say. That is why it was so important to get a constructionist judge on the court who would exercise judicial restraint and not legislate.

But now, in the aftermath of the Miers nomination, that has all gone out the window.

This nomination is now about abortion. And nothing will change that. Not even if Miers is withdrawn and replaced by someone else. Anyone else. It is about abortion not because the Democrats made it so, after all such has always been the case in their view. No, it is now purely about abortion because the Republicans have made it so. By going out and assuring the pro-lifers that she is anti-abortion we have not only lost the debate, we have lost the opportunity to have the debate. We even have the First Lady calling conservatives sexist. I guess if you can't beat 'em, join 'em.

Forget the fact that Roe should have never been heard or ruled upon by the Supreme Court. Forget about justices conjuring up something in the Constitution to support their personal views. The Republicans have now allowed the Dems to frame the debate. And whether or not we win the battle, we have already lost the war.

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