Q&A Friday #59: If There Is A SCOTUS Opening, Who Should Bush Appoint?

Question: “Bush will be in office for two more years. Odds are at least one SCOTUS spot will open up in that time. Given that the Dems control the Congress & Senate, what kind of nominee should Bush put forth? What kind of nom will he put forth? What will be the consequences of each?” — D-Vega

Answer: Here’s what he should do if a nomination were to open up, let’s say in the next few months.

First nominate Janice Rogers Brown. When the Democrats rip her and say they won’t vote for her, rip them day after day for opposing her because she’s a conservative black woman.

If Brown doesn’t make it through, nominate Miguel Estrada or Emilio Garza. When the Democrats rip the chosen candidate and say they won’t vote for him, rip them day after day for opposing the candidate because he’s Hispanic and conservative. Additionally, blast them for being obstructionists.

If that candidate doesn’t make it through, nominate Priscilla Owen. When the Democrats rip her and say they won’t vote for her, rip them day after day for opposing her because she’s a conservative woman and because they’re obstructionists.

The effect of all this would be to make the Democrats look terrible (The American people generally think the President should be able to appoint any qualified candidate he wants), stiffen the spine of the Republicans in the Senate (who’d be filibustering everything to try to force the Dems to capitulate), and to fire up the conservative base. Eventually, the Democrats wouldn’t be able to take it any more and they’d cave.

That’s why, under no circumstances, NO CIRCUMSTANCES, should Bush appoint anyone other than a qualfied conservative originalist who will be acceptable to the base.

PS: Bush has political instincts that are probably a bit better than those of Katherine Harris and a little worse than those of his father, Read-My-Lips, so it wouldn’t surprise me if he appointed Alberto Gonzales or the next best qualified Country Club Republican pal of the Bush family rather than doing something like what I suggested above.

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