Tuesday, October 18, 2005

Newsmax continues to harp on the same two themes--one, Condi should run for president in 2008; two, Harriet Miers is really a closet conservative who will overturn Roe v. Wade. I am so tired of the first song that I'm going to ignore it for now, but this newest development in the Miers case has me wondering. She will overturn Roe v. Wade? First of all, a court just can't decide to overturn a case; it has to be reopened. So, even assuming this woman really is conservative, which I doubt, the first step towards doing so would be a group bringing legal action to overturn the case. It would then have to be appealed through the court network to reach the US Supreme Court, and would then have to come down to a 4-4 tie so Miers could cast the winning vote. Let's see whether or not that would be likely: Scalia would vote to overturn it, and maybe Clarence Thomas, ok, good, that's two votes. Would John Roberts vote that way? Probably. Ok, that's three. The others, Miers excepted would vote against such a motion. The final result would be 5-4 against overturning the decision. I'm still just leery of this nomination and am hoping that Bush withdraws her soon and replaces her with an actual conservative. I mean, I'm sure Ms. Miers is a wonderful person, but how can someone who has voted liberal almost all her life and left no track record of conservative tendencies suddenly become the conservative champion we've all been waiting for? There are plenty of great legal minds who often happen to be female out there--we didn't need to stoop to this. My preference would be Janice Rogers Brown or Priscilla Owen.

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