Harriet Miers

As I mentioned when Roberts was nominated, I am not the person to read for insightful legal analysis. However, after reading a lot of perspectives on the blogosphere (even conservatives!), I have a couple of comments.

1. We can't expect a good nominee from this president. Given that, we have to have realistic expectations of what we can expect. Miers no doubt is bad, but I ask this question. Would you rather have a weak conservative justice or a strong conservative justice? I would much rather have Harriet Miers than Priscilla Owen, Michael Luttig, or another conservative intellectual that will not only ally themselves with Thomas and Scalia on votes, but also as active and effective philosophers of right-wing judicial activism. I don't think Miers has the ability to do this. From this president, I'll accept that.

2. Anything that is causing this much consternation among the Republican base must be good. We won't know for awhile just how conservative Miers is. What we can hope for in the meantime is some increased hostility toward Bush from his base. That would be lovely. I don't expect it. I expect that the power brokers will rally around Miers and sell her to the loony right. But I can hope, can't I?

3. If Democrats ally themselves with the Sam Brownbacks and Tom Coburns of the Senate to reject Miers, what would happen? Would we get a better nominee? Or would the answer be Alberto Gonzales or Owen? I would be very angry if they got on the court. Sometimes incompetence is the best you can ask for. And my friends, Harriet Miers is likely to be exhibit A of incompetence coming from the Bush administration.

4. Some progressives are saying that we should filibuster Miers if we can, just to do it. I really have trouble seeing what that accomplishes unless we can find information showing that she is even more awful than the average Bush nominee. Because if she is rejected, there is no question that the next nominee gets through with all the conservatives on board.

5. Other progressives are saying that they would rather see a principled conservative like Scalia rather than an incompetent one like Miers. I simply cannot understand this. Is it because active progressives think a great deal of principles in general and therefore have a certain amount of respect mixed with hatred for Scalia? For me, I would like to have a principled liberal more than anything. Then I'd rather have an incompetent liberal. But if I have to choose between an incompetent conservative and Scalia, I'm taking the incompetence. Miers' potential to do damage is far less than Scalia.

See Scott for more perceptive analysis of this issue that I can give.