Geoff Metcalf
Wednesday, Nov. 2, 2005

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The disastrous goat rope over the Harriet Miers nomination and withdrawal to the Supreme Court should be a reality check for the White House AND the GOP.

From the mean-spirited partisan acrimony to the self-serving grandstanding of wildcatting senators, most of the sound and fury has been a direct result of efforts to avoid a fight that desperately needs fighting.

The Senate Judiciary Committee has been venial, partisan, petty and inordinately successful in hobbling the president on judicial nominations.

Majority Leader Bill Frist has been a huge disappointment, and the diffident White House has served only to enable congressional dysfunction.

Since before the 2000 election, both parties have told us that the inevitable Supreme Court nominations would be the Super Bowl of politics.

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Regardless of whatever legacy history may impose on the Bush presidency regarding Iraq, Afghanistan, Iran, North Korea, China or the economy, THE most lasting and enduring impact will be what ‘W' does or doesn't do with the Supremes.

His is a unique, historic and monumentally signification opportunity ... which, based on recent performance, he was in danger of squandering. Then he did the courageous thing and appointed Judge Samuel Alito.

Dr. Robert Jarvick (inventor of the artificial heart) once said: "Leaders are visionaries with a poorly developed sense of fear and no concept of the odds against them. They make this happen!"

Bush 43 has been visionary, but his ‘sense of fear' has been mitigated by political correctness. His brave willingness to commit to unpopular military action for the greater good is as commendable as his wimping out over the threat of inevitable partisan battles is contemptible.

Then he announced Alito.

Politics may be the art of compromise, but leaders lead. Lead, follow or get out of the way. Many of us have put great hope into this president for his ability to lead, and many of us have been disappointed with gaffs and missteps that never should have happened.

Then he appointed Alito.

The Harriet Miers excrement storm is a symptom of the administration's challenges. It was an ‘event,' not the whole process.

Confucius said, "To see what is right, and not do it, is want of courage, or of principle." So, what is it? Does Bush lack the courage to appoint the kind of justice he has consistently claimed he would? Or is it principle? Come on ... enquiring minds want to know.

And then he nominated Alito.

Ambrose Bierce claimed, "Politics is the conduct of public affairs for private advantage."

Here's the deal: Bush needed to select a nominee consistent with what he SAID he would do.

1. "The voters should assume I have no litmus test on that issue or any other issue."

2. "Voters will know I'll put competent judges on the bench; people who will strictly interpret the Constitution and not use the bench for writing social policy. ..." 3. "I believe that the judges ought not to take the place of the legislative branch of government ... 4. that they're appointed for life and that they ought to look at the Constitution as sacred."

5. "They shouldn't misuse their bench." 6. "I don't believe in liberal-activist judges." 7. "I believe in strict constructionists." 8. "Those are the kinds of judges I will appoint."

Listen, there ain't no way, no how that Democrats are going to embrace ANYONE who meets those eight criteria as defined. That is a given. The Democrats were going to throw a cosmic hissy fit no matter whom Bush nominated. LET THEM! And in the wake of the Alito nomination we have not been disappointed.

If or when they try to filibuster a nominee meeting the eight points articulated by the president, the White House AND the thus far gutless GOP leadership need to pick the fight. Bush (for whatever reasons) has done just that.