A Disappointing Choice
Ventura Star, October 24, 2005
By Terry Paulson, PhD

Every month I write my President. From Bill Clinton to George W. Bush, I have taken the opportunity to express my opinions directly. After all, presidents deserve to know what citizens think about their leadership, their actions and their vision of the future. I've been supportive and critical. I have received some replies and numerous requests for donations from both parties. My letters to President Bush are most often supportive, but not this month.

I am disappointed by President Bush's appointment of Harriet Miers to replace Supreme Court Justice Sandra Day O'Connor. As many from both parties have suggested, Miers is a "stealth appointment." There's little known about her positions and no judicial record to assess. She may be approved, but neither liberals nor conservatives will rest easily until she actually begins to make critical decisions as a justice.

Harriet Miers may prove to be a wonderful choice; there is much to admire. But, for such a critical appointment that could turn the balance on the U.S. Supreme Court, America deserves better--an appointment with a clear track record and the heartfelt contention and dialogue such a choice would create. Conservatives want a justice who will uphold a strict, narrow interpretation of the Constitution. They want judges who would support using the amendment process to change the Constitution instead of allowing judicial fiats to establish settled law. Liberals want the Constitution to remain a living document that would secure the broadest interpretation of rights possible. They want justices appointed who will accept settled law and avoid a narrow interpretation of the Constitution. America deserves to have a bold and thorough discussion on this critical choice.

Republicans have not had a good track record in selecting stealth candidates. Soon seven out of nine of the Justices will have been chosen by Republican Presidents. President Clinton had no trouble staying true to his principles in appointing strong liberal judges with proven liberal track records, but Republicans seem to prefer peace over progress on judicial principles. We were told to trust that Justices O'Connor, Kennedy and Sutter would be fine appointments. With their record of decisions, you can understand why Republicans are not impressed with Bush's assurances that he knows the "heart of this woman."

She may be committed to the President personally, but is she equally committed to the principles conservatives are counting on to reverse the liberal drift of the U.S. Supreme Court? The Americans who worked hard to re-elect George W. Bush and to give him a majority in both houses of Congress expect him to deliver on his campaign promises. George W. Bush campaigned on appointing justices like Thomas and Scalia. Harriet Miers may prove to be a good appointment, but she has not evidenced those kinds of credentials. Not all good lawyers make great jurists. With so many wonderful conservative women jurists with proven judicial track records to choose from, President Bush has not taken this golden opportunity to fight for a clearly conservative appointment! Bush has asked his supporters to accept a crap shoot when he could have been playing with loaded dice! Liberals don't appoint mainstream moderates. To their credit, they appoint proven liberals and fight for them.

I know these last few months have been brutal for the President. With a continuing war in Iraq, the Hurricane Katrina and Rita disasters, low poll numbers, and a liberal press ready to blame any and everything on George W. Bush, I can see why he would want to avoid another fight over a critical judicial appointment. Unfortunately, President Bush may never again get the chance to appoint a conservative justice and have the power to see that appointment through.

I am thankful that President Bush has had the resolve to stay the course in Iraq. He would have been wise to have done the same with this critical Supreme Court appointment. He will never appease the radical left with any conservative choice. In fact, by seeming to give in on this appointment, he has sent a very unsettling message-attacks work! George W. Bush has always admired the resolve and optimism of Ronald Reagan-Reagan delivered on his promises and let the criticism of the media and radicals roll off his back. Instead of appeasement, he pushed full steam ahead for conservative change. As a result, to the dismay of liberals, he remains one of America's most admired Presidents. President Bush should follow Reagan's example!

I trust this President and want to believe in his appointment. He's not going on recommendation of others; he is betting on the knowledge of Harriet Miers he has gleaned from working so closely with her. The appointment has been made, and I hope for the best. She may be the "Iron Magnolia" and the "Pit bull in size six shoes" that some suggest she is. Bush wants to leave a lasting legacy, but with the uncertainty in Iraq and with this appointment, it may be years before anyone knows how positive that legacy will be.

Dr. Terry Paulson is a psychologist, speaker and author of The Dinner: The Political Conversation Your Mother Told You Never to Have

—May we never forget how truly blessed we are!