Tuesday, October 04, 2005

Miers Won't Be Confirmed.

There, I wrote it.

FEMA should be managing this confirmation process.

The problem here isn't one specific issue; it is rather the combined weight of Miers lack of judicial experience, a dearth of any apparent or demonstrable legal philosophy, her close personal ties to President Bush, and the obviousness of picking her as a "diversity" candidate. Bush calling her "the most qualified" person available is embarrassing.

It is one thing for a nominee to be considered conservative and then demonstrate what is considered a "moderate" streak throughout the confirmation process; it is quite another for the White House and other Republican interest groups to have to gin up enthusiasm through extolling her conservative virtues. The usual liberal suspects, the Alliance for Justice, PFAW, NARAL, etc., will obligingly sit back and then attack Miers with statements made in her defense. So conservatives will still be unhappy while providing the club with which the liberals will beat the nominee. It is a no-win situation.

Another problem for Miers is that she follows close on the heels of one of the most accomplished and masterful confirmation hearing performances in history, that of John Roberts. I may be proven wrong but it is hard to see how Ms. Miers can even come close to the standard of the current Chief Justice.

Lastly, as has been written, Bush has backed away from a battle he should be willing to fight. Through his nominations to the high court President Bush has the "bully pulpit" through which he can act as a catalyst for a national debate on jurisprudence and the role of the judiciary in a republic. Short of that, all of the dialogue and campaign rhetoric about the dangers of activist judges is nothing more than writing in the sand.

Update: Kurtz weighs in.

Update 2: George Will also opines, and it isn't pretty.

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