Tel-Chai Nation: Miers' withdrawal from nomination is probably for the best

Harriet Miers, who was a candidate for chief justice in the Supreme Court, has withdrawn from the nomination following severe criticism by the conservative movement.

Until recently, I had no idea what to think of this whole affair, until I read this column by Barry Freedman of the NY Jewish Star, which notes the following:

What’s my opinion? I am with those that hope she withdraws, forcing President Bush to nominate someone who has a record of originalist opinions that can be relied upon. Another Blackmun, Kennedy or Souter – Republican appointments gone astray – would be bad for America and bad for Israel. Judicial activism that pushes for progressive causes and the looking towards international law and precedent not only dilutes American sovereignty, it is a great encouragement to the Judicial Imperialism of the High Court of Israel which in its post-Zionist drive to become part of a transnationalist and post-democratic EU/new middle east would be greatly encouraged by the subjugation of the American Constitution to those diluting forces. Not only would I hate to see that happen, I am greatly concerned about it.

And I think he's got a point there too, that Miers' being appointed could also have been bad for both the US and Israel alike, and a bad role model/influence even for foreign justice. On the other hand, if a candidate with an inspiring record were to be appointed:

On the other hand, a truly conservative appointment would mean that the Supreme Court’s activism would be reigned in and looking to international law and precedent would end – or be consigned to dissenting opinions. For the Israeli High Court, this could make the difference between having a co-traveler in the legal deconstruction of the nation-state or the opposite – a contrasting and disturbing reminder that the Israeli High Court is choosing a course of its own will, not born of American pressure and example, and a clearer perspective, through contrast, of what just exactly it is doing. That perspective, and an example set in America resisting the swallowing up of sovereign law into the progressive transnationalism of international law, precedent, and tribunals, might even help bring public awareness in Israel to the point where real change to the old-boy network of internal Israeli judicial appointments of leftist elitist judges might become possible through reform of the apparatus of appointments. That change is one that is recognized as needed by a vast majority of Israelis who know that the High Court is completely out of touch with them.

I think there's some interesting points to that part too, given how the High Court acted in a case like this one. So let's all hope that a real candidate for chief justice will be found and appointed, one who can inspire for the better both at home and abroad.

Oblogatory Anecdotes has one of the best summaries of the topic:

What has President Bush learned from this experience? Hopefully the President has learned that he cannot attempt to please the Democrats and keep the loyalty of his base. He has learned that conservatives are not blind followers, that when we see something we disagree with we will speak up no matter who is in the Whitehouse.