printBush’s new Supreme Court nomination may turn out to be the cathartic event to push his loyalists over the edge. Yes, some still imagine Bush is a conservative rather than a radical, faithless to tradition, constitutional or other. After taking a handbagging from Laura Bush, the president appointed Harriet E. Miers to replace Justice Sandra Day O’Connor. The woman is a veteran administrator, and the president’s personal lawyer and confidante (cronyism? You don’t say!) As ominous: Senate Democratic leader Harry Reid is also hot for Harriet. To say she hasn’t a discernible judicial philosophy is an understatement. But why would Bush care whether she can tell Blackstone from Bentham when he can’t? The president simply wants to ensure his appointees vote as he expects them to. Left-liberals, like Catharine Crier of Court TV, believe a judicial activist is someone who reverses precedent. George Bush thinks a judicial activist is someone who disobeys the President.
P.S. Striking down unconstitutional laws is not judicial activism. Judicial activism means 1) minting new rights not in the Constitution 2) striking down laws to comport with these freshly minted unconstitutional rights.
Update: A must read today in The Walls Street Journal is Cronyism: Alexander Hamilton wouldn’t approve of Justice Harriet Miers by Randy Barnett. Smart-alecky comments about Hamilton being a centralizer are not germane to Randy’s argument, of course. I’m only preempting the perennial libertarian red-herring harangues.