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October 09, 2005

Why Stealth?

There are three reasons given for George Bush's choice of Harriet Miers:

  • She is a long-term associate of his, and he knows how she thinks.
  • She is a born-again Christian, and Bush wants this group represented on the Court.
  • There is no paper trail, making informed opposition difficult.
The first two points, from Bush's point of view make perfect sense. The last one begs a question: just whom is this "stealth" aimed at?

One naturally would assume that it is aimed at the Democratic opposition, but this doesn't really make any sense. The Democrats have, as their highest priority, preserving the "abortion right" and furthering increased social liberalism. This is nearly the only area where Harriet Miers views are predictable, and the Democrats will not be happy with them. If there is stealth here, it is only in Democrat's hopes: maybe she's a moderate in other areas.

But it is becoming increasingly clear that President Bush's "stealth" strategy is aimed at Republicans, not Democrats.

In the Republican camp are at least three main groups:

  • The Social Conservatives, or Christian Right, focused almost entirely on social and family issues.
  • Traditional Republicans, who add smaller government, reduced economic regulation, lower taxes, a balanced budget, immigration control, state's rights, and a strong defense to a reduced or nonexistant interest in social issues.
  • Libertarians, who add strong support for individual liberty to the Traditional Republicans' economic and defense issues, while being generally unsupportive of the immigration or social agenda.
Traditional Republicans make up the bulk of the party, as always, with the Christian element growing and the libertarians on the defensive.

President Bush was elected as a Traditional Republican, but over his term he has increasingly tilted into the Christian camp, giving strong play to social conservatives while promoting large government initiatives at great cost, alienating the other two wings. Were it not for his strong National Defense policies, Bush's relations with Traditional Republicans would have weakened long since. Libertarians have been unhappy since McCain-Feingold was signed. Currently, George Bush is governing as a socially conservative, economically liberal advocate of a large and increasingly powerful federal government.

In the run-up to this Court nomination, nearly all of the leading judicial candidates were in of the Traditional Republican persuasion, with some nods to the other wings: judges like Scalia (social conservative tendencies) or Thomas (libertarian leanings). Apparently, this is not what George Bush wants on the Court. What he wants is a centrist on economic and liberty issues, supportive of federal power, coupled with an overriding commitment to the Christian Right's social agenda.

But to nominate someone who clearly has these qualifications would create a revolt in the Party, so we have Harriet Miers. The stealth is against us. I hope we realize it in time.

Those Republicans who still favor personal liberty, governmental restraint, prefer the local to the federal, and have little investment in the social conservative agenda, have much to lose from a Miers appointment.

Miers is our Souter. And it is no accident.

Update: Welcome Instapundit readers. Also check out Patterico's ongoing commentary on the Meirs nomination.

More: As I said.

Posted by Kevin Murphy at October 9, 2005 12:37 PM
Comments

See, I would say the exact opposite is happening, or at least, the "stealth" part is aimed at the social conservatives.

They basically want someone who will overturn Roe Vs. Wade (or vote against it). I don't think the Republican party wants that, they prefer the status quo.

So you get someone like Miers, whose religious creditionals get played up, to get social conservatives to think she will vote against it. But in reality, she won't.

Posted by: Jeremy at October 9, 2005 04:46 PM

I think you're wrong about why he chose her. To me, the answer is simple: 1) she's a woman, and 2) she pleases Democrats, relatively speaking.

The evidence is building that those factors are all he cared about.

Posted by: Patterico at October 9, 2005 05:14 PM

It is somewhat surprising to see that the O'Conner seat has become a defacto "woman's seat". There seems to be an expectation on all sides that O'Conner will only be replaced by a woman, and that no other factors are important.

Talking with my wife about this before the Miers nomination, she stated that she wanted it to be a woman, though she had no other particular demands.

So I believe Patterico is correct.

Posted by: Duke at October 9, 2005 05:45 PM

Hmmmm.

Sorry but there are more sub-types within conservatism than just Social. For one example I am a Fiscal Conservative and most definitely not a Traditional Republican. If anything I have always viewed myself as a Conservative first and a Republican second.

Posted by: ed at October 9, 2005 06:24 PM

Ed--

Of course it's more complicated than that, but those are the three major groupings. Traditions change, and more and more "traditional" Republicans are the party of Reagan, as opposed to the parties of Goldwater or Dobson. The old-line Rockefeller Republicans really don't count much anymore.

Patterico, etc --

If he wanted a woman, why not Janice Brown or either Edith? Truth is he wanted Gonzales, and when that was blocked, he chose someone just like Gonzales, just with no record.

Posted by: Kevin Murphy at October 9, 2005 06:36 PM

Jeremy is right.

Remember Gonzales and the fact that the associates of Miers (including Rice who describes herself as a pro-choice evangelical, Laura, and Barbara Bush) are pro-choice in the judicial sense.

The odds of Miers being pro-life in this sense are miniscule.

Here is an analysis: Birds of a Feather

Posted by: Paul Deignan at October 9, 2005 08:24 PM

If he wanted a woman, why not Janice Brown or either Edith?

Because! I listed two things, 'member? They satisfy only #1.

Posted by: Patterico at October 9, 2005 11:17 PM