Standing up for competence should be a trait of the Democratic Party. How can Democrats fail to strongly reject Harriet Miers on the grounds she lacks the qualifications necessary for the Supreme Court in light of the "Brownie" fiasco and the rampant cronyism in the Bush administration?
To those who might be numbed by the propaganda from the Bush administration about the role of the Senate in deciding who will sit on the Supreme Court, perhaps a stroll down memory lane will help.
In 1970 Richard Nixon nominated G. Harrold Carswell, a federal appeals court judge, to the Supreme Court. He was attacked as a racist based on his record. More importantly for us, however, he was also seen as unqualified. There was never a "Justice Carswell." Some highlights from the fight to confirm G. Harrold Carswell:
The Record (Bergen County, NJ)
October 7, 2005 Friday
By CHARLES KRAUTHAMMER, Wire Services
Sen. Roman Hruska achieved...unsought immortality when he declared, in support of an undistinguished Nixon nominee to the court, that, yes, G. Harrold Carswell is a mediocrity but mediocre Americans deserve representation on the court as well.
All of the following are abstracts from the New York Times - Wandering Mind
NEW YORK TIMES
January 21, 1970, Wednesday
Page 44, Column 2
Judge G H Carswell seen perfect 'strict constructionist' type that Pres Nixon pledged to appoint to Supreme Court, men who would 'interpret' and not 'make' laws; his tendency toward judicial restraint in decisions noted; Carswell's policy of remaining with settled precedents until change came from higher courts is point of friction with rights activists; his record found to be more conservative than that of Judge Haynsworth whose nomination was defeated; Prof L D Clark, former NAACP legal expert, terms Carswell 'open blatant segregationist'; Yale University doctoral candidate Mrs Curzan, in study of civil rights decisions of 31 Federal judges in posts in Deep South, '53-63, ranks Carswell 23d in terms of number of times he ruled in favor of Negro plaintiffs' positions; AFL-CIO spokesman says organization has no present plans to oppose nominee.
NEW YORK TIMES
March 21, 1970, Saturday
SECTION: Page 11, Column 3
US Sen support for Carswell's nomination to US Supreme Ct continues to ebb but apparently too little to prevent his confirmation; Repub Sens Aiken, Prouty, Fong and Cook, who had either been publicly pledged to Carswell or regarded as solidly behind him, rept independently that they are now uncommitted and are reappraising their positions; Sen Hartke criticizes nominee, accuses Nixon of 'an unabashed pol apptmt', s, Ft Wayne; tally of Sens shows 45 committed or leaning towards confirmation, 37 opposed or leaning against and 16 uncommitted; Carswell opposition urges some candidates for '70 Sen elections to make confirmation a major campaign issue; Carswell supporters charge an unidentified group in Calif is using 'underhanded methods' designed to misrepresent mail campaign against nominee; Hruska Sen Baker criticize tactic; Miller defends Carswell, s, Sen; Kennedy holds rejection will serve notice on Nixon that Sen seeks candidate so well qualified that all Sens will be pleased to share in hon of his apptmt, s
NEW YORK TIMES
March 23, 1970, Monday
SECTION: Page 27, Column 1
Ex-Justice Goldberg says Carswell is not qualified for Supreme Ct, TV int; Iowa Univ Coll of Law faculty expresses opposition to nomination.
NEW YORK TIMES
April 2, 1970, Thursday
SECTION: Page 1, Column 1
Pres Nixon contends Pres' appointive powers are being threatened by Sens seeking to defeat Carswell's nomination as US Supreme Ct Justice, lr to Sen Saxbe; says 'it is the duty of the Pres to appt and of the Sen to advise and consent'; charges 'those who wish to substitute their own philosophy or their own subjective judgment' for his choice jeopardize Const's div of powers between legis and exec branches of govt; says opposition raises question of whether he will be granted 'the same right of choice in naming Sup Ct Justices' which was freely accorded his predecessors;
NEW YORK TIMES
April 8, 1970, Wednesday
SECTION: Page 42, Column 3
James Reston, commenting on controversy over Nixon apptmt of Judge Carswell to Sup Ct, discusses larger issue of pub confidence and trust in insts of authority in nation; says central issue is whether nation will settle disputes by legal and peaceful means or by illegal coercion and violence, whether insts are to deserve pub's respect or merely demand it without deserving it; poses question of how to persuade young to give up coercion and obey Govt if adults, in particular unions of Govt employes, defy Govt and demonstrate that coercion pays; holds major issue in Carswell case is lack of pub confidence and trust in US insts; queries outlook for building such respect when Pres nominates 3d-rate judge to lifetime on highest ct in US and defends him with inst of Presidency or respect for Sen if it submits to const arguments by Pres and Sen supporters of Carswell which it knows are false and misleading.
NEW YORK TIMES
April 9, 1970, Thursday
SECTION: Page 32, Column 6
Max Frankel analysis of US Supreme Ct nominee Carswell rejection comments on view of some Pres Nixon aides that powerful and vengeful 'liberal establishment'_including NE press and leading attys, is determined to humiliate Nixon at every turn and to frustrate conservative sentiment that swept him into office; says Dem and Repub Southerners have been telling Nixon he is waging heroic struggle for South and that prejudiced Northerners are determined to deny South fair share of pol influence; speculates on reasons for his defeat; holds decisive factor was feeling throughout Sen that Nixon made lackluster selection for narrowest of pol reasons, that he was taking legislators for granted and detracting from Ct's reputation
