When a President Is Not Spoiling for a Fight (NYTimes.com)
By RICHARD W. STEVENSON
Published: October 4, 2005
WASHINGTON, Oct. 3 - There is still much to learn about Harriet E. Miers, but in naming her to the Supreme Court, President Bush revealed something about himself: that he has no appetite, at a time when he and his party are besieged by problems, for an all-out ideological fight.
Many of his most passionate supporters on the right had hoped and expected that he would make an unambiguously conservative choice to fulfill their goal of clearly altering the court's balance, even at the cost of a bitter confirmation battle. By instead settling on a loyalist with no experience as a judge and little substantive record on abortion, affirmative action, religion and other socially divisive issues, Mr. Bush shied away from a direct confrontation with liberals and in effect asked his base on the right to trust him on this one.
The question is why.
On one level, his reasons for trying to sidestep a partisan showdown are obvious, and come down to his reluctance to invest his diminished supply of political capital in a battle over the court.
The White House is still struggling to recover from its faltering response to Hurricane Katrina. The Republican Party is busily trying to wave away a scent of second-term scandal. The relentlessly bloody insurgency in Iraq continues to weigh heavily on his presidency. And no president can retain his political authority for long if he loses his claim to the center.
"The swagger is gone from this White House," said Charles E. Cook Jr., editor of The Cook Political Report, a nonpartisan newsletter, citing a litany of other difficulties afflicting the administration, including high gasoline prices and the failure of Mr. Bush's push to overhaul Social Security. "They know they have horrible problems and they came up with the least risky move they could make."
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When a President Is Not Spoiling for a Fight - New York Times)