Tuesday, October 11, 2005

Watch them Eat their Young or Give them a Fork?

It has been just over a week since President George W. Bush nominated his White House Counsel Harriet Miers to replace retiring Supreme Court Justice Sandra Day O'Connor.

It has also been just over a week since conservatives have been expressing their disappoint in the appointment. Seeing this as the moment they begin reshaping the court in their conservative view for a generation.

Conservatives have waited for 5 long years for this moment. They thought the seat would that of the liberal and aging Justice John Paul Stevens. But it turned out to be the Republican appointee O'Connor.

It was sweet justice in a way since Justice O'Connor had disappointed the flock since she had become the court balancing moderate on critical issues like abortion, Affirmative Action and some civil liberties. The very cases they want to overturn.

Conservatives are frightened to death the they won't be able overturn those case if Bush 43 pulls a Bush 41 and appoints a "Con" - a conservative only in name - like the elder Bush did with now Justice David Souter.

That scenario has been a reoccuring nightmare for the Right since last Monday, causing Conservatives to express their angst loud and publicly for eight consecutive days. Commentators, elected officials and faith leaders of the Right have said they won't be "Soutered" again and are trying to apply pressure to the President and Ms. Miers to withdraw the nomination.

As the Right bickers and battles the Democrats must feel like the guy who finds himself in the middle of a Halle Berry and Beyonce sandwich, he can't believe he's there but there are worse places to be.

Dems expected to be in the place of leading the charge against the nomination once it was made, but after it was announced the Far Right went ballistic and is leading a not so quiet charge to derail the Miers nomination. Democrats can't believe what's going on and certainly know after the Roberts coronation there are certainly worse places to be. But how do the Democrats react? Do they join in the chorus of "we don't know who she really is?"or do they stand back and watch the theater of the absurd?

The answer is easy. Senate Democrats, their leader excluded, should sit back and watch the fireworks. Then prepare blistering questions to be offered at the hearing (if the nomination gets that far), but let the conservatives carry the water on this fight and keep their powder dry in the event the Far Right wins this incestuous struggle, Ms. Miers withdraws and the President appoints a demonstrated conservative.