Miers Oppositum Est

MaxedOutMama doubts it will work. Having witnessed Miers speak some months ago, I'm convinced she's a terrible choice that must be resisted.¹ Fortunately, Weekly Standard Editor William Kristol argues conservatives will benefit from a full, and fully open, debate:

There is no need now to elaborate on Bush's error. He has put up an unknown and undistinguished figure for an opening that conservatives worked for a generation to see filled with a jurist of high distinction. There is a gaping disproportion between the stakes associated with this vacancy and the stature of the person nominated to fill it.

But the reaction of conservatives to this deeply disheartening move by a president they otherwise support and admire has been impressive. There has been an extraordinarily energetic and vigorous debate among conservatives as to what stance to take towards the Miers nomination, a debate that does the conservative movement proud. The stern critics of the nomination have, in my admittedly biased judgment, pretty much routed the half-hearted defenders. In the vigor of their arguments, and in their willingness to speak uncomfortable truths, conservatives have shown that they remain a morally serious and intellectually credible force in American politics. . .

Would a withdrawal be an embarrassment to the president? Sure. But the embarrassment would fade. Linda Chavez at the beginning of the first term, and Bernard Kerik at the beginning of the second, withdrew their nominations for cabinet positions and there was no lasting effect. In this case, Miers could continue to serve the president as White House counsel. The president's aides would explain that he miscalculated out of loyalty and admiration for her personal qualities. And he could quickly nominate a serious, conservative, and well-qualified candidate for the court vacancy.

Failing that, we are headed towards hearings that will in no way resemble the recent triumph of John Roberts. These hearings will not be easy for Miers, as she will have to at once demonstrate a real knowledge of constitutional jurisprudence, reassure conservative constitutionalists, and presumably placate Democrats as well. Conservative senators will for the most part withhold judgment until the hearings are completed. Many have already said as much, leaving open the possibility of a no vote in the event things do not go well. It would be awkward, of course, if a combination of conservative and Democratic votes defeated Miers. But this is a moment where it is more important that conservatives stand for core principles than that they stand with the president.

The Tradesports electronic market rates Miers chances at just over 60 percent and falling. A Supreme Court vacancy is a terrible thing to waste--especially given the Republican track-record (see, e.g., Stevens, O'Connor, Souter, Kennedy). We must not, we can not, squander this one.

I still support President Bush. But I won't sacrifice this core principle this time.
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¹ After much soul-searching, I've concluded I'm unable to be more specific.