Since we're airing out SCOTUS regrets...

[FBaggins]

Yes... in hindsight it would have been better for RBG to retire while Obama could replace her.

And yes, we wouldn't be here if Clinton (or some other Democrat) had won in 2016.

My question is - should we have accepted Bush's selection of Harriet Miers to replace Sandra Day O'Connor so that we didn't end up with Alito?

[brooklynite]

1. I don't recall that Miers was an issue with Democrats

"Many notable conservatives vigorously criticized her nomination, and numerous conservative groups normally considered part of Bush's political base planned to mount an organized opposition campaign." -- Wikipedia

[FBaggins]

3. She absolutely was

Partially - it was just the lack of relevant experience. But we just couldn't figure out whether to believe those like James Dobson who assured conservatives that she was a sure vote on Roe, or those (including the conservatives who eventually killed her nomination) who thought it was just a strategy to buy conservative support. And, of course, there were plenty on the left who were happy to just see Bush take a loss.

In the end - it's reasonable to wonder whether she would have been as far right as Alito has ended up.

[gldstwmn]

11. I think DU lost its shit with her when she said that W was the most brilliant man

she ever met. If you go into the way back you'll see what issues DU had with her. The Neocons hated her.

[Mr.Bill]

15. Bill Maher refered to her

as "Bush's cleaning lady".

[gldstwmn]

19. I remember that now. He was still funny then.

[haele]

2. Judge French Fry would have been up for Rhenquist's place later on.

He was on the Federalist Society's short list in the early 2000's.
Putting him in for O'Connor was actually better than what we would have gotten if he was then nominated for Chief Justice.

Haele

[Crunchy Frog]

4. I was actually angry at her for not resigning prior to the 2012 election.

Given that there was no guarantee that Obama would win reelection, and given her health issues.

I was genuinely astounded that she didn't resign in his 2nd term.

It just seemed like common sense to me.

[Duncan Grant]

5. Republicans opposed Harriet.

“Much of the opposition came not from Democrats but from conservatives in Mr. Bush's own party. Pro-life activists in particular complained that Miers had no track record of publicly opposing abortion. They considered her an unreliable choice to help overturn the Roe v. Wade decision legalizing abortion.”

Why Miers Withdrew as Supreme Court Nominee

[we can do it]

6. How would that have helped? McConnell blocked Garland.

[FBaggins]

8. Miers could have turned into another Souter

Or any number of other Republican appointees who nevertheless got it right on abortion.

McConnell blocked Garland.

And we were all for that here on DU. But that's not the point of the thread. This was a decades-long effort by the right that involved more than just one justice.

[PTWB]

17. We controlled the Senate earlier in Obama's presidency.

He appointed Sotomayor and Kagan, after all.

[unblock]

7. we got alito because republicans didn't think miers would do exactly what alito just did.

she was anti-abortion, but not anti-abortion enough for the right wing.

democrats made some noise about her lack of experience as a judge and her being in the white house inner circle, but it was republicans who pulled the nomination.


the fact that we got alito instead, who was clearly more radical, is pretty solid evidence of that. if democrats had caused the nomination to fail, you would expect the replacement to be less right-wing, not more.

[gldstwmn]

9. We sure didn't like Harriet Miers. But since it has been nearly 20 years I can't recall what it was

we didn't like about her. I'm not sure she would have been much of an upgrade from Alito.

[Mr.Bill]

16. My recollection is that

she was very unqualified. (see my post #15) Of course, today that's a requirement for the republicans.

[gldstwmn]

18. Yes. She had never been a judge. She was also affiliated with a pro life group.

I still think her fawning over W is what sent everyone over the edge.

[W_HAMILTON]

10. She was a problem with REPUBLICANS; that is why she got replaced.

I mean, do you really think Republicans would back down on something like that because of what Democrats thought about it?

[The Magistrate]

12. That's One Helluva Chess Problem, Sir

I suspect your answer would yes, and on thinking it over, I would answer the same.

[Shrek]

13. She'd have voted no differently

It just means the opinion would be from Thomas.

[FakeNoose]

14. You are correct about RBG - but be careful

I said the very same thing the other day, and I got chewed out. Some people don't like hearing the truth about someone they love. At least not on DU they don't.

I don't remember Harriet Miers being controversial. Did she actually receive the nomination or was it simply a suggestion? I guess I missed the conversation on her. Yes Alito is bad, but in hindsight Thomas is so much worse.