Quote:
Originally Posted by CShine
You are wrong when you say the Miers nomination failed because she was unqualified. It failed for TWO reasons, she was both unqualified AND ideologically unproven. This is the criticial point. If she had a long record of publicly championing a broad range of social conservative causes, christian conservatives would've fought tooth and nail to confirm her even in spite of her lack of professional achievement. On the flip side, if Bush had nominated someone who had both sparkling, top-notch judicial credentials and a sparse ideological track record, the christian right would've grudgingly accepted that nominee the same way they accepted John Roberts.
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I think you have it absolutely backwards here. You say that Miers' nomination failed both because she was unqualified and ideologically unproven. However, we have already seen a case of an ideologically unproven, but well qualified, nominee get confirmed without difficulty. This does not support your hypothesis that unqualified, but ideologically proven candidates would be supported by the religious right. In fact, I daresay that Miers would have been rejected by the Republicans even if she had a solid conservative paper trail.
Quote:
Originally Posted by CShine
I think we all have to agree that Justice Roberts was and still is a complete unknown on the ideological issues most cherished by the christian right. There are only 3 areas of law where Justice Roberts had clearly-written judicial views prior to his nomination. Those are found in his written appellate opinions which (1) strongly favored a broad expansion of Presidential power in the war on terror, (2) allowed individual property rights to trump federal environmental laws, and (3) expanded police powers while at the same time limiting the rights of criminal defendants.
While those positions are certainly agreeable to mainline conservatives, there is not one single instance where Justice Roberts has publicly championed any of the issues that are considered most crucial by the religious right. He has never taken a professional stance on the abortion question. He has never taken any kind of public stand on the role of religion in the public sphere. Furthermore, he actually gave legal assistance to the team of lawyers who went on to win a major victory for gay rights advocates in the case of Romer v. Evans.
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This is just more evidence that the religious right is concerned with qualifications over ideology. Brownback, Graham, etc. didn't know Roberts' position on the issues that mattered most to them, but they still voted to confirm him. What better proof is there that today's Republicans value qualifications over ideology?
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The peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error. ~John Stuart Mill, On Liberty
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