Here's how we should proceed re: Miers [View All]

[Geoff R. Casavant]

First, a small parable -- once there was a man who displeased his king and was sentenced to be beheaded. He told the king that if the king spared his life for a year he would teach the king's horse to talk. His friends asked him why he would make such an outlandish promise. He replied, think of what could happen in a year -- the king could forgive me, or I could die, or the king could die, or the horse could die. Or the horse could talk.

The point being that time is definitely on the Democrats' side with regard to SCOTUS nominations. There have been plenty of comments in the last few days about Miers, ranging from utter disgust, to glee at the strong possibility that once confirmed she will actually be better for the country than we expect. However, my final thought on her nomination is that she simply does not have the experience and qualifications to be a SC justice.

So how do the dems work this to their advantage? By using their time wisely -- when the committee hearings begin, Dems should use every procedural tactic they can use with a straight face to delay the proceedings -- every Senator should use his or her full time in questioning, even if it means asking the same questions over and over. Dems should push to subpoena any hostile witnesses that may be found, and question them fully as well.

Frist has said he wants the nomination sent to the floor in Nevember. Once the committee has finished its work, at least one Senator should place a hold on the nomination until the WH provides her documentation (this withholding, I feel sure, will happen).

Finally, filibuster. I propose that the nomination of an unqualified crony for SCOTUS definitely constitutes extraordinary circumstances allowing for the Gang of 14 to back out of their deal. The repubs are not terribly enthusiastic about Miers, so I sincerely doubt they will have the stomach to try the nuclear option for her. This leaves Miers in limbo until Bush caves and is forced to withdraw her nomination, definitely a political blow.

Now, by that time, who knows how much will come out from under the rug? We could have a slew of indictments from Fitz, a slew of indictments from the Abramoff tea party, and Frist could be looking at an insider trading indictment. The repubs will be reeling and will have little stomach for a knock down fight on a second nomination, so some little milquetoast will get the nod.

Dems can do a lot worse than to delay as much as possible on this one. I expect the horse will talk.