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WSJ's Fund claimed that economic -- not religious -- conservatives sank Miers nomination

March 22, 2006 11:48 am ET

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SUMMARY: On CNN's Lou Dobbs Tonight, CNN senior legal analyst Jeffrey Toobin asserted that "social, largely religious conservatives" forced the withdrawal of Harriet Miers's nomination to the U.S. Supreme Court. Wall Street Journal columnist John Fund responded to Toobin by naming two conservative religious leaders who had been Miers's "biggest backers" and claiming, "It was economic conservatives, including The Wall Street Journal, that were skeptical" of her nomination. In fact, following the disclosure of a speech by Miers in which she said that "self-determination" should guide decisions about abortion and school prayer, numerous social conservative groups and leaders demanded that Miers's nomination be withdrawn.

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While discussing the schism between social and economic conservatives inside the Republican Party on the March 20 edition of CNN's Lou Dobbs Tonight, CNN senior legal analyst Jeffrey Toobin asserted that "social, largely religious conservatives" forced the withdrawal of Harriet Miers's nomination to the U.S. Supreme Court. Wall Street Journal columnist John Fund responded to Toobin by naming two conservative religious leaders who had been Miers's "biggest backers" and claiming, "It was economic conservatives, including The Wall Street Journal, that were skeptical" of the Miers nomination. In fact, after The Washington Post disclosed a past Miers speech in which she said that "self-determination" should guide decisions about abortion and school prayer, many other conservative groups and leaders, some of whom had already opposed her nomination and others who had not, demanded that President Bush withdraw it, which he did on October 27, 2005.

During the discussion, host Lou Dobbs claimed that "there's no question that religion is powerful in its influence in our court system, in our Congress, and in this White House." Toobin then replied, "Just ask Harriet Miers," adding that her "nomination was defeated not by Democrats, but by social, largely religious conservatives, who are so powerful in the White House right now." Fund then suggested Toobin's argument was false, claiming: "But her biggest backers were [Focus on the Family founder and chairman James C.] Dobson and Richard Land," president of the Southern Baptist Convention's Ethics & Religious Liberty Commission. Fund added, "It was the economic conservatives, including The Wall Street Journal, that were skeptical. She had a lot of social conservative backers. So that doesn't wash."

But as Media Matters for America has previously noted, Dobson essentially retracted his prior support of the nomination upon the release of the two speeches. The Los Angeles Times reported on October 28, 2005, that "[o]ne of the final straws may have been a report early this week that Miers, in a 1993 speech, expressed the view that women should be allowed to make their own decisions about abortion." The Times noted that Dobson, who had previously endorsed Miers, "said his group would not have been able to support her candidacy because of the speech."

Even before the speeches came out, as Media Matters has also noted, the group Concerned Women for America stated that it "cannot endorse [Miers's] nomination." Gary Bauer, president of the religious activist organization American Values, stated his concern about the nomination and vowed to withhold support until he "know[s] with some certainty that she is a vote for our values." Operation Rescue, an organization committed to outlawing abortion, also voiced its opposition, stating that it would "not support Miers' nomination unless more information is released assuring conservatives that she will be a strong constitutional constructionist to the [sic] in the mold of [justices Clarence] Thomas and [Antonin] Scalia." Additionally, Public Advocate of the United States, another conservative religious organization, stated that it rejected Miers's nomination because she was what the group considered a "stealth candidate."

Moreover, CNN, The Washington Post, USA Today, and The New York Times all noted that opposition from conservative activists to Miers's expressed views on social issues such as abortion played a role in the withdrawal of the Miers nomination.

From the March 20 edition of CNN's Lou Dobbs Tonight:

FUND: Both parties are in complete discredit with most of the American people.

DOBBS: Both parties are in complete discredit, and the idea of a theocracy, whether one -- however one looks at it, there's no question that religion is powerful in its influence in our court system, in our Congress, and in this White House.

TOOBIN: Just ask Harriet Miers. Harriet Miers's nomination was defeated not by Democrats but by social, largely religious conservatives, who are so powerful in the White House right now, they got one -- the president's own Supreme Court nominations --

FUND: But her biggest backers were Dobson and Richard Land of the Southern Baptist Conference. It was the economic conservatives, including The Wall Street Journal, that were skeptical. She had a lot of social conservative backers, so that doesn't wash.

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    • Author by Yellow Bird (March 22, 2006 11:58 am ET)
         

      Dobson only gave his consent after speaking with Rove (I belief) who said Miers was very loyal to her (fundamental) church and her faith. This was to reduce complaints from other (fundamental) religious leaders. Richard Land of the Southern Baptist Conference must have had the same dialoque, otherwise he would never have backed her (that is: backed Bush).

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    • Author by Yellow Bird (March 22, 2006 12:28 pm ET)
         

      1: on Miers

      [link to www.au.org]

      (especially: On Oct. 17, Wall Street Journal columnist John Fund described a conference call on the day Miers was nominated that was coordinated by the Rev. Donald Wildmon, head of the American Family Association. Fund wrote that he had obtained “extensive notes” from someone who participated in the conference call.

      According to Fund’s account, the conference call was an obvious attempt to rally Religious Right groups and figures around the nominee. The call included 13 members of the executive committee of the secretive Arlington Group, including Land and FRC’s Perkins.

      Hecht and another judge from Texas, U.S. District Judge Ed Kinkeade, were also on the call and were introduced to the group by Dobson.

      “What followed was a free-wheeling discussion about many topics, including same-sex marriage,” Fund wrote. “Then an unidentified voice asked the two men, ‘Based on your personal knowledge of her, if she had the opportunity, do you believe she would vote to overturn Roe v. Wade?’

      Kinkeade responded, “Absolutely.” According to Fund, Hecht said, “I agree with that,” and “I concur.” )

      2: The Christian Coalition meeting

      [link to www.au.org]

      (especially: Other day-one speakers were: U.S. Rep. Mike Pence (R-Ind.); Mike Farris of the Home School Legal Defense Asso­ciation; media commentator Arm­strong Williams; U.S. Sen. Lind­sey Graham (R-S.C.) and John Fund of The Wall Street Journal. Two other members of Con­gress addressed the legislative briefing on Thursday: U.S. Rep. Charles “Chip” Pickering (R-Miss.) and U.S. Rep. Gresham Barrett (R-S.C.). )

      3: about Moore [link to www.au.org]

      (especially: Wall Street Journal columnist John Fund later wrote that a Moore candidacy could hurt President George W. Bush by siphoning away the votes of religious conservatives. Fund reported that associates close to Moore say the ex-judge is split between running for president this year or laying the groundwork to run for governor of Alabama in 2006.)

      This last example must be viewed in accordance with Farwells statement: Vote christian, and we control the GOP from pst 2.

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    • Author by guy (March 22, 2006 3:54 pm ET)
         

      What does it tell you -- capitalism is more and more requiring fascism to exist, as the economy goes into freefall from capitalism's unsustainability.

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    • Author by mefirst (March 22, 2006 7:45 pm ET)
         

      the right wing hypocrisy. she had to withdraw because she wasn't seen as conservative enough. what happened to all the rhetoric that the nominees deserve an "up or down" vote.

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    • Author by loubranch (March 22, 2006 11:51 pm ET)
         

      Whatever happened to Senators Frist, Hatch, Sessions, et al? In the past they have pleaded for an up or down vote on judicial nominees. Didn't hear a word on this one.

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