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Questioning the conventional wisdom

The conventional wisdom seems to hold that Harriet Miers, although a widely unpopular SCOTUS choice, is a likely shoo-in for confirmation. It's not just Harry Reid anymore -- other Senate Democrats are rushing to Harriet Miers' defense.

After all, the Miers nomination is an absolute disaster for the Bush White House -- so how could a disaster for Bush not be embraced by the Democrats?

But I'm not at all sure the conventional wisdom is correct on this one. Granted, Democrats are enjoying the spectacle of conservatives attacking the White House and, for the moment, are content to stand out of the way while their enemies duke it out amongst themselves. But when the confirmation hearings actually begin, I predict you'll see a much different story.

As I have said before, I am far from convinced that Ms. Miers will ever be the kind of justice I wanted from Bush, but I am perfectly willing to believe that she's pro-life. Consequently, if Miers is seated on the Court, there is a very real possibility that she could provide the crucial swing vote to overturn Roe v. Wade in some future decision. Should that come to pass, and should abortion become instantly outlawed in Kansas and Mississippi and wherever, will Democratic Senators really want to go home and face their electorates and explain to them why they voted to confirm Miers? Honestly, I find it hard to believe that Senate Democrats can afford to confirm her. I predict they'll milk it to embarrass the White House as much as they can, but ultimately, I think they will have little choice but to oppose her.

That is my fervent hope, in any case. It would be grossly out of character for Bush to rescind the nomination himself, so if Miers is to be stopped, she must be stopped by the Senate. This will not happen without substantial Democratic opposition. I'm predicting it will materialize when the time comes. Let's hope so.


You have it very wrong. At this time there are only two (2) votes against Roe v Wade: Scalia and Thomas. Even if both Roberts and Miers were to vote to overturn Roe v. Wade, there are still outnumbered 5 to 4.

The only thing that can happen is to outlaw partial birth abortions (Kennedy supports Roe v Wade but will vote against partial birth abortions). So stop having dreams that Roe v. Wade will be overturned. In fact, I am convinced that Miers is pro-choice, while I dont think Roberts would vote to overturn Roe v. Wade either. There is not a single indication that he would. Thats why many dems, including Feingold, voted to confirm him.

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