From David Kaiser:
Mark–feel free to circulate this–I am going to put it on my own blog but I want it to be as widely circulated as possible.
The Reverend James Dobson discussed his conversation with Karl Rove about Harriet Miers on his radio show a few days ago. During the conversation he let more of the cat out of the bag than he perhaps intended regarding the code that is being used between the White House and its supporters. Initially, he said:
“Well, my reasons for supporting her were twofold, John. First, because Karl Rove had shared with me her judicial philosophy, which was consistent with the promises that President Bush had made when he was campaigning. Now he told the voters last year that he would select people to be on the Court who would interpret the law rather than create it and judges who would not make social policy from the bench. Most of all, the president promised to appoint people who would uphold the Constitution and not use their powers to advance their own political agenda. Now, Mr. Rove assured me in that telephone conversation that Harriet Miers fit that description and that the president knew her well enough to say so with complete confidence.”
Nothing too new there. But some time later, he dropped the other shoe.
“We did not discuss Roe v. Wade in any context or any other pending issue that will be considered by the Court. I did not ask that question. You know, to be honest, I would have loved to have known how Harriet Miers views Roe v. Wade. But even if Karl had known the answer to that, and I’m certain that he didn’t because the president himself said he didn’t know, Karl would not have told me that. That’s the most incendiary information that’s out there and it was never part of our discussion.
“One thing is clear. We know emphatically that Justices Souter and Kennedy and Breyer and Ginsburg and Stevens have made up their mind about Roe v. Wade by politicizing their decrees on that issue and others. They have usurped the right of the people to govern themselves and they imposed a radical agenda on this country.”
Now it is important to note, in this connection, the Souter, Kennedy, Breyer, Ginsbrug and Stevens were not on the bench when Roe v. Wade was initially decided. All they have done is to uphold it. But to Reverend Dobson, that alone qualifies as “imposing a radical agenda on this country,” “usurping the right of the people to govern themselves,” and, in effect, “making social policy from the bench”–exactly what President Bush has claimed his judges would not do.
In other words, Rev. Dobson seems to believe that when the President says he won’t appont judges who will legislate from the bench, he is saying he will appoint justices who will overturn Roe v. Wade. Shouldn’t some one ask Scott McClellan or the President if the President feels the same way?