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Monday, October 24, 2005

John Fund thinks the Miers nomination will be defeated.

I believe it is almost inevitable that Ms. Miers will withdraw or be defeated. Should that happen, it is important President Bush understand how it really happened. While he acted out of sincerity, the nomination was quickly perceived by many as merely a means to a desired end: getting another vote for his views on the court. While some conservatives backed her because they honestly believed she would rule independently with an understanding of the limited role of judges envisioned by the Founders, that message was drowned out by accusations of cronyism and mediocrity.

The president also was let down by seven senators in his own party who in May agreed to scuttle plans to end judicial filibusters blocking nominees from ever getting a vote. It wouldn't have been unreasonable for him to think the Senate wasn't in a position to confirm a nominee with a long paper trail.

But he may soon have a chance for a fresh start and no choice but to have a fight over substance. When Douglas Ginsburg asked to have his nomination to the Supreme Court pulled in 1987 after allegations he had used marijuana, Ronald Reagan won unanimous confirmation in a Democratic Senate for Anthony Kennedy, then a judge with a decade-long conservative track record on a federal appellate court. Similarly, Mr. Bush recovered quickly from losing Linda Chavez as his nominee for Labor Secretary and Mr. Kerik as Secretary of Homeland Security. The damage to his relations with his conservative base would blow over quickly if Mr. Bush were to quickly name a well-qualified nominee who was not a sphinx when it came to judicial philosophy. Perhaps this time he might even expand the talent pool to include--gasp--men.

Frederick W. Kagan has a blueprint for victory in Iraq. I agree with him. Make the Sunnis understand they have been defeated, and that violence will not enable them to restore their dominance in Iraq.

Cathy Young examines the blogosphere's reaction to the suicide bomber in Oklahoma. I'm all for journalistic standards, for bloggers and the MSM. Right now, though, the suicide bomber story aside, it's the MSM that has been stumbling the most of late.

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