Miers and Trust

It is very noticable that the most common argument in support of Harrier Miers to the Supreme Court is, "Trust me. She's a conservative." What's missing from that argument is any statement about qualifications. When Roberts was nominated, even those philosophically opposed to him acknowledged his credentials to sit on the court. That he was qualified was never in doubt. With Miers, all there is is doubt. Not even her supporters argue that she is qualified, just that she is a reliable conservative who will vote the way they want.

President Bush won re-election last year primarily on the argument of trust. Americans trusted him to keep them safe from terrorists, to confront our enemies, and perhaps even to manage the economy. Those calls resonated most with the religious right Republicans, the very same people now turning a deaf ear to his calls to trust him on this. The problems with Miers are a sign of just how far Bush has fallen since the election. Those who trusted him so deeply just one year ago now have little confidence in his word.

But it isn't just Bush. James Dobson is one of the leading figures of the religious right movement. Last week he was out talking about how he had met with the person who led Ms. Miers to the Lord, which is his way of saying, "Trust me. She's a good evangelical Christian. She's one of us." (So am I, and that hardly qualifies me to sit on the Court and certainly does not guarantee I would vote the way Dobson and his followers want. But I'm not talking about the stupidity of Dobson's argument.) In rejecting Bush and Miers, the religious right is also rejecting Dobson and his cadre of leaders. This seems a rather important development, but it doesn't seem to be getting much attention. The nomination of Harriet Miers may be the beginning of a changing of the guard in religious right politics.

Why is the religious right so up in arms over Miers? It could be partially that they respect the integrity of the Court and are offended that such an unqualified person would be nominated. But beyond that, in choosing a stealth nominee like Miers, the administration will avoid that confrontation with Senate Democrats they have sought all year, a confrontation over judicial philosophy that would allow the right to trigger the nuclear option. Isn't that what Dobson's Justice Sunday I and II were all about, rallying right-wing Christians to demand an end to the filibuster? Marvin Olasky writes, "A whole lot of evangelical conservatives were eager for a rumble, to really fight it out with the devilish Dems." They were thwarted by the so-called gang of 14 earlier this year, and now by Bush in choosing two nominees, neither of whom would trigger vehement Democratic opposition. Having been rejected in what has become such a driving issue for the religious right, they are turning on their leaders. Frustration over a lost opportunity to confront the Democrats is just the latest in a growing list of disappointments, as the New York Times documents.