Tuesday, October 18, 2005

The end of Roe

Today, we find out that, despite her earlier disingenuous denials, Miers does have a record on abortion rights. And the record leaves no serious room for doubt, despite the Derridian parsing of the evidence that the right has grown so fond of lately. Miers is an antichoice zealot. She may nonetheless remain anathema to some of the most fanatic elements on the right, those to the right of Pat Robertson and James Dobson, because she has not been loudly crowing her opposition to abortion from the rooftops lately. So it is possible that a "left"-right coalition could still sink her nomination. The best case scenario is that such a coalition is able to defeat the nomination on the basis of her obvious lack of qualifications, with or without a filibuster.

Unfortunately, the problem doesn't end there. With the extreme right, Bush's ever shrinking political base, now screaming for red meat, it is likely that his next appointee will be better qualified but even more openly anti-choice. I just don't think that he would risk alienating his base to cater to the will of the majority, whom he has little chance of winning over anyway. Alas, there is almost no way to stop him at this point. Even if the Democrats were able to muster the courage to block Miers, they clearly don't have the will to filibuster nominee after nominee. After all, several key Democrats, including minority leader Harry Reid, are not pro-choice. But at this point, that is what it would take to prevent the court from forming an anti-abortion majority and overturning Roe.

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