Is the White House Fabricating Excuses?

Another tidbit from the Fund column is the suggestion that the White House is fibbing when it has put out word that other potential nominees withdrew from consideration.

After making several calls to White House and Senate staffers as well as conservative activists who unofficially advised the White House, I have grave doubts about the White House storyline, as do others. One potential nominee did want the White House to know she had some family problems that could bear on the selection process but she did not withdraw her name. Three whose names the White House has privately mentioned as having dropped out say they are angry at any suggestion they did.

This is as troubling as earlier indications that some in the White House smeared http://bench.nationalreview.com/archives/079481.asp some individuals not picked so as to justify their choice. [Note: I will gladly post information that would exonerate the White House on either point.]

Another tidbit from Fund worth highlighting:

What is clear is that the same White House that says it won’t listen to senators who tell them the Miers nomination should be withdrawn was highly solicitous of Senate objections to other qualified nominees. One federal judge was nixed by a powerful senator over a judicial opinion that would have been attacked by feminists. Priscilla Owen and Janice Rogers Brown, both of whom won tough confirmation battles for seats on appellate courts only this spring, were nixed by other GOP Senators as too tough a battle for the high court. Alice Batchelder of the Sixth Circuit was deep-sixed by an old Ohio political rival, Republican National Committee co-chairman Jo Ann Davidson. The White House and some senators deemed Edith Jones of the Fifth Circuit too difficult to confirm. Given Mr. Bush’s idée fixe that the nominee had to be a woman, it’s possible the White House allowed itself to be pushed into a corner in which Ms. Miers was literally the only female left.

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

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