Democrats have been saying for weeks now that Justice Sandra Day O'Connor ought to be replaced by Sandra Day O'Connor. Since Bush is opposed to reproductive cloning, they should be happy that he has picked a rather reasonable facsimile. Democrats won't be happy, of course. If Bush thought they would he made a very bad mistake.
Conservatives aren't happy either. Like most of them, I was hoping for a relatively young conservative judge, strong of intellect, and politically savvy. That is to say, I wanted a clone of John Roberts, or at least of Roberts as I suppose him to be.
So why did Bush pick Miers? As Hugh Hewitt points out, like Miers shares on of Robert's most important characteristics.
As I wrote last night, Judges Luttig and McConnell are the most qualified nominees out there, but I think from the start that the president must have decided that this seat would be given to a woman, and it is very hard to argue that she is not the most qualified woman to be on the SCOTUS for the simple reason that she has been in the White House for many years.
In other words, she is a strong team player and its hard to find anything you can trust more than that. Roberts was a life long conservative Republican, and that is why Bush trusted him. Miers has the added advantage that Bush knows her well. I think his strategy is simply to produce a reliable vote to back up Roberts. Here is Leonard Leo quoted in National Review:
I have worked closely with Harriet in the past and I am very excited about the president’s pick of my friend. As White House Counsel, she has helped carry out the President’s promise to find and select judicial nominees such as John Roberts who will interpret the law rather than make it up. She played a key role in the Roberts selection process, and was a strong advocate for breaking the filibusters in relation to Judges Priscilla Owen, William Pryor, and Janice Brown, among others.
Here is Miers herself:
From my early days as a clerk in the federal district court, and throughout almost three decades of legal practice, bar service and community service, I have always had a great respect and admiration for the genius that inspired our Constitution and our system of government. My respect and admiration have only grown over these past five years that you have allowed me to serve the American people as a representative of the executive branch.
The wisdom of those who drafted our constitution and conceived our nation as functioning with three strong and independent branches have proven truly remarkable. It is the responsibility of every generation to be true to the founders' vision of the proper role of the courts in our society. If confirmed, I recognize that I will have a tremendous responsibility to keep our judicial system strong, and to help ensure that the courts meet their obligations to strictly apply the laws and the Constitution.
I rather doubt that she will turn out to be another Souter. Still, I am disappointed. What has been sorely lacking in the Supreme Court of recent decades is legal brilliance. I think Bush had nominees at his disposal who possess that. If Harriet Miers does, it will come as a surprise.
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