Tuesday, October 11, 2005

PRIDE'S PURGE. Hugh Hewitt rejoices that Professor Althouse has turned toward the light on Miers. The Professor seems to have internalized the "elitism" charge agin' stuck-up types who think we should have constitutional scholars on the Supreme Court. She has about decided that we have enough of those for now:
If you are going to devote your life to the subject of constitutional law, as an academic subject, you are probably the sort of person who is attracted to abstractions, theories, and larger patterns and aspirations. You are going to tend to approve of jurists who have a similar frame of mind, a large capacity for theory, that makes you and the people you surround yourself with so impressive. Now, who is this Harriet Miers, this practicing lawyer, who presumes to go on the Court and write the opinions we must spend our lives reading and analyzing?...[italics hers]

Perhaps the Court is harmed by an excess of interest in the theoretical. A solid, experienced lawyer like Miers, with no real background in constitutional law, might look at the text, the precedents, the briefs, and use the standard lawyer's methods to resolve the problem at hand. What is wrong with having that style of analysis in the mix? We need a safeguard against the excessively theoretical.
I can see her point. Horace Debussy Jones, aka Satch, in his childish simplicity, provided a much-needed dose of folk wisdom to The Bowery Boys, leavening the more cerebral "regoigitations" of Slip Mahoney. Perhaps Miers can fill a similar role in the Supreme Court of the United States.

Professor Althouse salts her near-endorsement with some small cavils, perhaps in order to preserve propriety, but Hewitt, like a sadistic gang boss who has cornered a wandering sheep, gets up real close and spells it all out for her:
When Bush said "like Scalia or Thomas" many people heard many things. I think it is very safe to say that the vast majority of American voters did not hear "justices committed to a particular theory...of textualism or originalism"... I think they heard "results," and if I am right, Bush has not only not broken his promise, he may be well on his way to fulfilling it twice and hopefully more times over.
Put simply, Miers is a reliable vote for every item on the right-wing agenda. Professors will hem and haw and make up pretty paradigms; nothing counts to the enforcers but votes and endorsements.

The message spreads that conservatives who decry Miers' lack of qualifications are acting self-destructively. This message is disseminated by operatives like Hewitt, but it is tended lovingly by folks like The Anchoress, who attributes anti-Miers demurrers to the Seven Deadly Sins:
Oh, it’s only all the same old tired tricks that have been used since the very beginning… still being used, because they still confound the audience: Pride. Avarice. Wrath. Envy. Lust. Gluttony. Sloth. Stirring up long-held anger and a salivating desire for revenge heats up Wrath - and wrath demands confrontation and release. Turning people’s heads so that they unwittingly embrace their Pride in themselves, their intellects, their lives, their abilities and their successes is a terrific way to utterly cloud their comprehension...
Now, it is an observable fact that one can intellectualize oneself out of the gravitational pull of reality. But it should be noticed that many of those conservatives who spoke against Miers have heretofore been reliable Bush apologists. How much "Pride," of the Deadly sort proposed by The Anchoress, can you imagine they have?

Well, if you believe in Satan, I suppose you also believe that anyone can fall, at a moment's notice and without any stronger motivation than Man's fallen state. Seen another way (roar of flames, demonic laughter), it may also be that some people can only eat so much bullshit before they become nauseated.

But, as we have seen, appetitites can change. This is all going pretty much as I expected. But, despite my Satanic pride, I can't say as I take pleasure from that.

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