National Review has a piece on the legacy of Mier’s failed nomination. My opposition to Miers was based less on ideology (although I don’t think she would have been a strict constructionist), but on qualifications. In the words of Hamilton, Miers struck me as little more than an “obsequious object” of Bush who simply didn’t have the intellectual rigor to be a member of the Supreme Court.
A justice on the Supreme Court needs a sharp and incisive legal mind, and Ms. Miers writing and statements indicated that she simply didn’t have what it takes. She may be a nice person, a good litigator, and is clearly an individual of character, but that doesn’t qualify one for the highest court in the land.
The editors of NR are right – this is no cause for celebration. It is a cause for relief. The President put Miers in an untenable position, and that reflects as badly on the White House’s utter lack of vetting as it does on Ms. Miers.
President Bush has an opportunity to do things right – to find a justice with the right legal qualifications who will see the Constitution as a set of enduring guiding principles rather than a roadblock to be overcome. There are plenty of people with excellent legal credentials and diverse experiences who would serve this nation well and ensure that our founding document is treated with the respect that it deserves.
UPDATE: Well, my prediction was very much correct. Harriet Miers has withdrawn herself as a nominee to the Supreme Court. Already, Erick Erickson has some insights as to who might be taking her place.
My prediction: Miers will withdraw within the next 48 hours. I can’t see this nomination continuing.
Captain Ed is off the fence and against Miers. Paul Mirengoff has done a 180 and put himself with the majority who oppose Miers. Leonardo Leo of the Federalist Society, one of the people responsible for helping Bush with the nomination has dropped out of that position.
The Miers nomination is DOA. If she doesn’t withdraw, she won’t make it through the Judiciary Committee, and she almost certainly does not have the votes to be nominated on the Senate floor. GOP Senators know quite well that there’s absolutely no political price to pay for defying the Bush Administration (see Senators McCain, Frist, Thune, etc…), so they have no reason to alienate their conservative base and vote for Miers. Democrats love to see Bush fail, and they’ll get yet another chance to draw blood with Miers.
This whole sordid affair has completely blown up in the already beleaguered faces of the Administration. Miers has demonstrated that the she’s not only unqualified for the position, but that her core beliefs are as changeable as the season – neither of which are appropriate for a strong conservative Supreme Court justice. President Bush has divided his base at the worst possible time, done a ham-fisted and half-assed job of supporting his nominee, and given plenty of new ammo for his critics – and even some of his friends.
It is simply time for Miers to go before this particular sinking ship takes more people down with it.