Ray Malone's Commentary

Many people are just ignorant of the situation President Bush faces. They would prefer that Bush appoint a known conservative to the Supreme Court. That makes no sense if one wants to change the direction of the Supreme Court. Appointing someone who would be rejected by the Senate rather than a stealth conservative that will be confirmed is not a route to success.

A known conservative would be filibustered. That would leave the Republicans with only the nuclear option to salvage the nomination. But we all know there are at least 7 RINOs and more likely 10 RINOs in the Senate. It is deductively clear that the RINOs refused to approve the nuclear option or Bill Frist would have used it last spring. The nuclear option was not used because Frist did not have the votes to get it done. Thus the nuclear option would fail and the conservative candidate would be rejected. Filibuster would be reaffirmed and the Democrats would have control the Supreme Court for another generation.

After Bork was borked, there were many intelligent conservatives who reasoned that in order to change the direction of the court, a Republican president must appoint stealth conservatives. It was reasoned that only stealth could defeat the combination of Democrats and the media. There were recommendations that young conservative lawyers should not try to make a public record of their conservatism. It was important that only the president know where they stood on issues but not the public, the Democrats or the press.

If I had been advising a lawyer in 2000, on how to get on the bench, I would have recommended that the lawyer get him or herself in a position where the President would know exactly where the lawyer stood on issues while no one else had a clue. That looks to me exactly like what Harriot Miers did.

If Republicans can not confirm a known conservative then their only chance to move the court more conservative is to nominate and confirm stealth conservatives. That means good candidates must stay stealthy for decades in order to be confirmed. By definition the public, Democrats and the media, will not know where a stealth candidate stands on the issues. It is every helpful if the stealthy candidates record is ambiguous.

Roberts undoubtedly took the tact of leaving a very small public foot print . He certainly conducted himself in such a way as to not leave much of a track record with which the Democrats could Bork him.

It should be obvious that for his second nominee, President Bush has to nominate a stealth candidate or take defeat in the senate. There are many conservatives who would prefer that President Bush appoint someone who can not be confirmed. That would start a fight with the Democrats that only the Democrats can win.That is pure "Stuck On Stupid." It is a fact.... many Conservatives would rather fight and lose than outsmart and win.

President Bush is very smart. He knows the right wingers will be angry with him for appointing Miers. But if Miers takes on the Court to a solid 5 to 4 conservative majority, that anger will turn to praise. As the years roll on the Bush stature among conservatives will go up. Just as the conservatives who trashed Reagan for his spending record and failure to veto Democratic spending measures, revere Reagan today... Next decade the same sort of conservatives will worship at George W. Bush's knee.

If Bush were to please the far right now, his legacy would be doomed. A stalemate that would likely last until Hillary takes office, would ruin his place in history. Hillary would then appoint and confirm liberals and. the right would despise Dubya forever. But if his Stealth candidate turns the judicial tide, President Bush will be a hero for centuries.

The fact that President Bush appointed stealth conservative should surprise no one. The far right can't understand why the President does not appoint a Bork and get him borked. Reagan did that, and had to follow Bork with a semi liberal Kennedy. President Bush does not repeat the mistakes of his predecessors.

The difference between President Bush and the far right is the far right always wants a confrontation. President Bush always wants to accomplish his goals as fast and with as little confrontation as possible.

The left is not the only group to misunderestimate Dubya!!