And Bush may have the chance to name two more Supreme Court justices in the remaining three years of his second term.
In the long term, the type of justices Bush has selected and will continue to select if given the opportunity -- well-qualified, traditional conservatives who believe in judicial restraint rather than judicial policy-making -- may do more to change the course of our nation than the presidency and Congress combined.
Shorter-term effects already are being felt. There are four political, cultural and legal issues upon which Bush's nominations have placed an indelible mark:
--Elections matter: Democrats groaning about Bush and the GOP Congress will not override the fact that Republicans have won the past two presidential elections and the past five congressional elections. But for the missteps of Al Gore and John Kerry, and the agenda-less campaigns run by congressional Democrats, Roberts would still be sitting on the U.S. Court of Appeals for the D.C. Circuit, and Miers would be an attorney in private practice.
--Liberal branding (again): One of the main problems national Democrats have is that the activist wing of their party is wedded to the failed ideology of liberalism. Despite the best efforts of such centrist Democrats as Indiana's Sen. Evan Bayh, chairman of the Democratic Leadership Council, to lead the national party away from the tenets of loopy liberalism, the far left was at center stage throughout the Roberts hearings, and we can expect to see them again with Miers.
Sens. Edward Kennedy of Massachusetts, Charles Schumer of New York and Joseph Biden of Delaware alternately blustered and bullied their way through the Roberts hearings and painted their party squarely back in the left-of-center bull's-eye that has cost the Democrats the White House and control of Congress. Beyond their ideological missteps, these lefties also were, to put it plainly, jerks. Kennedy was rude, and Biden was visibly irritated when Roberts interrupted Biden's questions with answers.
Liberal interest groups fared no better. Groups such as NARAL Pro-Choice America declared all-out war against Roberts and mobilized costly media and grass-roots efforts that fizzled. To top it off, a group of Democratic senators, including Schumer, were called onto the carpet by Hollywood activists at a meeting of the People for the American Way after the Roberts hearings concluded. Liberals, such as TV producer Norman Lear, castigated the senators for not being tough enough. This continued leftward pressure on already left-wing Democrats is great news for Republicans.
--Qualifications out, ideology in: A seismic shift has occurred on what constitutes the basis for suitability for service on the U.S. Supreme Court, courtesy of the liberal wing of the Democratic Party. Previous nominees (with the exception of Judge Robert Bork) were confirmed on the basis of judicial experience, temperament, intellect, honesty and knowledge of the law. Under the new standard, it is now ideology all of the time. All other considerations are secondary.
The new shift to the primacy of ideology, led principally by Schumer, now will be considered settled precedent by both parties, and political pyrotechnics will be the norm for all future Supreme Court confirmations.
--The distortion of the right- to-privacy concept: Legal experts see the concept of privacy in broad terms. Issues such as the quartering of troops, the right to die, search and seizure, gay sex, freedom of religion, the sharing of computer files, advanced medical technologies and inspection of library or financial records under the USA Patriot Act all fall under the rubric of "privacy." But when Democrats questioned Roberts on "privacy" they principally pounded one issue -- abortion. The Miers confirmation hearings promise more of the same. It is clear that the far left of the Democratic Party wants to define government service, whether it be in elected office or the courts, on the basis of the single issue of abortion. Although some in the conservative movement also agree with this narrowing of scope, the vast majority of Americans are strongly against it.
Even before his swearing-in as chief justice on Monday, Judge Roberts' legacy had begun. His confirmation, and the likely confirmation of Miers, provide a boost for President Bush, a setback for Democrats, a blow to single-issue pro-choicers and set the stage for further tensions between centrist and liberal Democrats.
Bond is the former Republican national chairman.
Distributed by the Los Angeles Times-Washington Post News Service
