Tuesday, October 04, 2005

Is it possible?

Like many, I've been pondering the, seemingly inexplicable, nomination of Ms. Miers. Many conservatives are up in arms because they feel like President Bush broke a "promise" to appoint judges with conservative backgrounds. Every quote I've been able to find from the Pesident has been with regard to federal judges in general. Most of them speak more emphatically about judicial restraint rather then conservatism. In fact, the only mention of the word "conservatism" I could find was when it was preceded by the word "judicial".

Which brings me to my question: Is it possible that politics do not play a part in Bush's decision making? Is it possible that he is ONLY concerned with whether or not the prospective judge will legislate from the bench?

This was clearly the case with Roberts. Roberts was quite clearly a federalist. His most impassioned writings were against the expansion of federal power. His clearest statements were those in which he was asked about the role of congress and the executive.

Conservatives have been thinking that Bush wanted to stack the court with conservatives. Is it possible that he's actually doing the right thing? Is it possible that he wants to stack the court with strict constructionists?

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