'Stealthy' Aspects of SCOTUS Nomination Ruffle Conservative Feathers
by Allie Martin and Jody Brown
October 11, 2005
(AgapePress) - The president of Liberty Counsel says he's disappointed in President Bush's latest nomination for the Supreme Court. Attorney Mat Staver is not alone in that reaction. Staver is also general counsel for Liberty Counsel, a Florida-based nonprofit organization that protects the constitutional rights of Christians. He says the president had an opportunity to nominate a strong conservative who will strictly interpret the Constitution. But according to Staver, Bush's nominating of fellow Texan Harriet Miers -- an attorney with no judicial experience -- to the high court carries implications that perhaps were not intended.
"Even if Harriet Miers in the end turns out to be a good nomination, I think his selection -- by going with a stealth candidate who has no track record, who's not thought about constitutional issues, who's not given clear expressions about her positions on judicial philosophy or the abortion issue or religious liberty -- sends a wrong message," says Staver.
Mat Staver | |
"It sends the message that, if you're going to be a conservative, if you're going to interpret the Constitution, if you're going to be a judge and you're going to give out good rulings, you're not going to be elevated to the Supreme Court." The Liberty Counsel leader believes President Bush was timid in his nomination of Miers. And while he acknowledges that Miers could turn out to be a solid conservative justice, there is virtually no way to know at this time.
"Literally, the lives of children through the barbaric procedure of partial-birth abortion, religious freedom, and many other matters of morality and faith are hanging in the balance," Staver says, "and you shouldn't put forth a stealth candidate."
He asserts that President Bush was elected because the people had a referendum on issues of morality and religious liberty and on judges who will interpret the Constitution. For that reason, Staver says, the president "shouldn't hide behind some stealth candidate and play hide-and-seek with his nominees."
But that is essentially what the Chief Executive has done, according to Concerned Women for America's chief counsel. Jan LaRue says that despite her organization's evaluation of the nominee's background and qualifications, they have learned "nothing new" that would cause CWA to endorse Miers.
"Whether we can eventually support her will depend on answers to questions raised in our memorandum [explaining that evaluation process] and what is learned during the hearing process," says LaRue. "We believe the American people deserve convincing evidence that Miss Miers can be trusted with a lifetime appointment to the Supreme Court."
LaRue adds that nothing in the evaluation establishes the nominee's knowledge of and experience in constitutional law.
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Gary Bauer |
Conservative pundit Gary Bauer, who has reserved judgment on Miss Miers thus far, also has problems with the "stealth" approach to judicial nominations. The chairman of the Campaign for Working Families cites that as the reason why two liberal members of the Senate Judiciary Committee have suggested calling Focus on the Family founder James Dobson to testify before the Committee. Dobson recently stated publicly he had received information from the White House that has convinced him the nominee will do the "right thing" if confirmed to the high court. He has also stated that he plans to use his daily radio broadcasts on Wednesday and Thursday (October 12-13) to "set the record straight" regarding the controversy over what information he possesses.
Bauer says it is "outrageous" that Senators Arlen Specter (Rep.-PA) and Charles Schumer (Dem-NY) would even suggest the Judiciary Committee grill Dobson -- but that if they do so, the leaders of liberal groups should be put under oath as well and asked what assurances they have been given by liberal senators about opposing nominees who are pro-life and pro-family.
"This is why we should reject the stealth strategy of nominating people to the Supreme Court who don't have clear records on the key issues," Bauer laments. "We leave the bullies in charge -- the same bullies who are now threatening Jim Dobson with a subpoena." He is convinced that unless liberal groups like the American Civil Liberties Union and the National Abortion Rights Action League are confronted, they and "their Senate allies" will continue to control the judicial confirmation process.
