Richard may be on to something here:
The real problem that bibliocons have with the court showed up earlier this year in the great shouting match over the corpse of Terri Schiavo. All along the bibliocons and paleocons had been telling us they were fed-up with activist judges getting involved in state and local issues where they didn’t belong, but suddenly they were all over the courts for refusing to be activist with respect to the family and the State of Florida. So it became clear that the right wants the mirror image of what the left wants, an activist bench that is willing to impose its personal values and beliefs on the rest of us.
Looking for judges who have that sort of orientation is a hard search, because the conservative team that the right’s been grooming since Roe (Luttig, McConnell, Olsen, et. al.) is all about judicial restraint, and none of them can be relied upon to jump into the breech on Schiavo-type cases and do the right thing by the right. So Bush had to ignore the conservative farm team and draft a close personal friend with the proper religious credentials and the requisite lack of judicial hang-ups.
On today’s “700 Club” broadcast, the Rev. Pat Robertson responded to criticism from the Right regarding the Miers nomination and also offered a stern warning to those conservative senators who might be thinking of voting against her. Rev. Robertson suggested that people should look at who is supporting Miers before they doubt her conservative credentials. He named James Dobson, the Rev. Jerry Falwell, Richard Land of the Southern Baptist Convention, Jay Sekulow of the Robertson-founded American Center for Law and Justice, and himself as proof of support for Miers’ nomination from the Right. Robertson concluded by noting: “These so-called movement conservatives don’t have much of a following, the ones that I’m aware of. And you just marvel, these are the senators, some of them who voted to confirm the general counsel of the ACLU to the Supreme Court, and she was voted in almost unanimously. And you say, ‘now they’re going to turn against a Christian who is a conservative picked by a conservative President and they’re going to vote against her for confirmation?’ Not on your sweet life, if they want to stay in office.”
Sure makes Bennett’s theory more plausible.