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The Miers thing right now appears to be the scenario I thought Bush would pursue: nominate someone so un-confirmable that Congress, the pundits, etc., expend all their energy during her confirmation process, with nothing left over after she eventually pulls herself out of consideration. The next person Bush nominates will not seem as bad compared to her, but they would’ve had a hard slog if nominated first.

With this strategy, no one has the will or energy to really pursue an obstructionist approach to his second, and real, nominee.

Other than that, I find it hard to believe that the Monicas out there are suddenly not swallowing George’s load (except George Will, since he’s a real conservative). It has the feel of a set-up, and I’m not normally given to paranoid conspircay thinking, but dammit, it feels like a set-up.

“it feels like a set-up.”

Well, that could be. It would explain some things. But I have to ask … do you think they’re that shrewd? And … just how shrewd is it for a President who allegedly got a “mandate” 11 months ago to base their most important nomination strategy on the concept that they no longer have the political capital to ram the choice through?

I mean, based on the past month or two, it feels like an ongoing unravelling to me.

I don’t know about a “mandate”, but what I do know is that most of the moaning is just political theater to appease the Party’s fringe elements, because whomever the President nominates is basically going to be approved because the Republicans enjoy a good majority in the Senate. I mean, he could nominate you or me and we’d be on the Supreme Court a couple of months from now.

At the same time, I do think TPTB want to avoid a filibuster, and the best way to do it is to nominate someone odious to everyone so that the second nominee doesn’t look as bad by comparison, plus the Democrats will have spent their wind on the first person. It just strikes me as common sense, especially since the Democrats had already indicated that they’d put up a fight on this second nominee so they’d have some good campaign fodder for next fall.

This being essentially a One Party government, everyone wins. Republicans get whoever they want on the Supreme Court, Democrats get to pretend they’re an opposition Party for the suckers who fund them, and the rest of us get to observe the goings-on of what is increasingly looking like somebody else’s government.

“he could nominate you or me and we’d be on the Supreme Court a couple of months from now”

Now there’s some crunchy food for thought. I can just see us, offering Justice Thomas a Diet Coke, and saying c’mon, Ruth Baby, loosen up. You’re too tight.

I doubt Harriet will be nearly as much fun.

I think I’d have too much fun asking them to guess what’s under my robes and making random Constitutional decisions that piss-off various fringe groups for fun. What the hell, I could play, “Guess what illegal substance I just ingested?” during drug cases and asking the counsel for the RIAA if the massive music collection I downloaded off Limewire would be better if I added some Steve Miller or Stevie Ray Vaughn to it.

Man, being a Supreme Court justice would rock. Now that I think about it, it would probably be more realistic to aim for that than trying to be a Pirate or a Ninja when I get out.

I think I’d have too much fun . . . making random Constitutional decisions that piss-off various fringe groups for fun.

You sound like a great replacement for O’Connor!

There’s a big logical fallacy with this theory-

He nominated John Roberts.

Remember? When he nominated Roberts, it was possible this would be the person he nominated for that seat. So for this whole theory to hold up, he would have had to have precognition, to see into the future and know that Rendquist was going to pass away. I don’t give them that much credit for clever. I’m of the opinion that he’s nominating someone who has no record to research.

The only really bright spot is that she’s hated pretty much totally by the extremists on both sides of the aisle. When you can annoy both the hardcore liberals and the hardcore conservatives with one nominee, she can’t be all bad.

That’s kind of where I’ve settled, too, Todd. If this many people are pissed about it, well, that can’t be all bad.

I personally don’t think she’s qualified, yet I believe she will be confirmed, and that it’s probably for the best. Because the alternative is for Bush to try again to “get it right.” Better to confirm someone who will (theoretically) have to recuse herself on any case related to the White House where she was anywhere near the process as counsel.

No, I don’t think they thought that part through, either.

So for this whole theory to hold up, he would have had to have precognition, to see into the future and know that Rendquist was going to pass away.

I don’t think it required that much imagination, considering his string of hospitalizations towards the end. If he hadn’t died, then I’m sure he would’ve had his colostomy bag sitting-in for him. The guy had a death-grip on his chair.

When you can annoy both the hardcore liberals and the hardcore conservatives with one nominee, she can’t be all bad.

You got that right.