Exactly. Lawmakers often prefer to "let this cup pass away," and allow courts to decide social and moral issues. But if we are to remain a republic, the proper recourse when lawmakers lack the courage or wisdom to do the right thing is not to have judges order them to do the right thing, but to elect new lawmakers.
In her speech, Miers showed sympathy for feminist causes, spoke of the "glass ceiling" and said that on issues like abortion, "the underlying theme in most of these cases is the insistence of more self-determination. And the more I think about these issues, the more self-determination makes sense."
Miers seemed to be implying that Roe v. Wade, by which the legal protection of unborn life was removed from the jurisdiction of lawmakers and handed over to women, was probably the right call.
Given Miers' absence of a judicial record or a deeply embedded philosophy of judicial restraint, her expressed sympathy for jurists who order legislators to act, and her sympathy for feminist causes and affirmative action, it is hard to see how a conservative senator could vote to make her the decisive voice on the Supreme Court for the next generation.
If they voted her down, they would split the party and enrage the president. If they voted her onto the court, they would betray the voters to whom they had pledged to support only strict constructionists and constitutionalists of proven merit and ability.
It was lose-lose. The president, his party and the right were all marching grimly toward First Manassas, when Sister Harriet saved us all.
Sens. Kennedy, Leahy and Boxer are urging President Bush to "show strength," by appointing a moderate. But, if I am not mistaken, didn't Bush just do that? And how did the nominee that made Harry Reid a happy man turn out?
President Bush just survived a barrel ride over Niagara Falls. A man of reasonable intelligence would not risk it a second time.
With the nominations of John Roberts and Bernard Bernacke, Bush appointed men of experience and proven capacity who share his beliefs. Given this heaven-sent second chance, he should do the same with the Supreme Court: Pick a justice whose credentials are unimpeachable and whose judicial philosophy reads likes an excerpt from The Collected Works of Antonin Scalia.
With a single stroke -- the nomination of a Supreme Court justice who will remove the smile from the countenance of Chuck Schumer and unite his unhappy household in praise of Bush and anticipation of battle, as they pull down the rusty old pike-staffs from the wall -- President Bush can begin the resurrection of his presidency.
In the title of the old Gospel Song, "Oh Happy Day."