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The Honolulu Advertiser
Posted on: Friday, October 28, 2005

Miers' bow-out gives Bush chance to redeem

Harriet Miers' decision to take herself out of the running as a nominee for the Supreme Court gives President Bush an opportunity to redeem what has been a sinking presidency.

Bush has been plagued from within and without: struggles in Iraq; criticism over his administration's response to Hurricane Katrina; the possibility of administration officials being indicted in the Valerie Plame leak case; and even the legal and ethical problems facing his allies in Congress, such as former House Speaker Tom Delay and Senate Majority Leader Bill Frist.

In this hothouse context, Bush's decision to pick Miers was met with sharp criticism from both Democrats and Republicans. Her painful lack of credentials made it even more difficult to fathom why — other than their close personal ties — Bush selected Miers.

With her resignation accepted, Bush now should move swiftly to find a replacement who satisfies his conservative ideals and also has the intellectual rigor and constitutional credentials to make a lasting impact on the court.

Long after Bush leaves office and the controversies over Iraq, domestic policy and handling of emergencies are forgotten, his appointees on the high court will remain.

As Bush learned all to well, it is a loser's game to consider nominees on the basis of whether they will play well with his political base. In fact, it was opposition from conservatives, as much as anything, that did Miers in.

By all accounts, Bush did well with his appointment of John Roberts as chief justice. It is time for Bush to think beyond his own presidency to his legacy and — most critically — the long-term future health of the Supreme Court itself.