Bush nominates White House counsel Harriet Miers to the Supreme Court. Now, I don't know anything about her, perhaps she'll end up being a excellent Justice. But it boggles the mind -- buffeted by accusations of cronyism and unqualified appointees, Bush needs to choose a Supreme Court Justice and nominates his own lawyer from his days in Texas. As David Bernstein says at the Volokh Conspiracy (no left-wing rag, trust me), the agenda seems pretty clear:
What do Miers and Roberts have in common? They both have significant executive branch experience, and both seem more likely than other potential candidates to uphold the Administration on issues related to the War on Terror (e.g., Padilla and whether a citizen arrested in the U.S. can be tried in military court). Conservative political activists want someone who will interpret the Constitution in line with conservative judicial principles. But just as FDR's primary goal in appointing Justices was to appoint Justices that would uphold the centerpiece of his presidency, the New Deal, which coincidentally resulted in his appointing individuals who were liberal on other things, perhaps Bush sees his legacy primarily in terms of the War on Terror, and appointing Justices who will acquiesce in exercises of executive authority is his priority, even if it isn't the priority of either his base or the nation as a whole.
The conservatives at ConfirmThem are also pissed. People of every ideological stripe are united in the conviction that they would prefer someone with some strong convictions (preferably their own), beyond simply loyalty to the President. See, he is a uniter! Update:Ezra Klein links to what David Frum (of all people) has to say about Miers:
I believe I was the first to float the name of Harriet Miers, White House counsel, as a possible Supreme Court. Today her name is all over the news. I have to confess that at the time, I was mostly joking. Harriet Miers is a capable lawyer, a hard worker, and a kind and generous person. She would be an reasonable choice for a generalist attorney, which is indeed how George W. Bush first met her. She would make an excellent trial judge: She is a careful and fair-minded listener. But US Supreme Court? In the White House that hero worshipped the president, Miers was distinguished by the intensity of her zeal: She once told me that the president was the most brilliant man she had ever met. She served Bush well, but she is not the person to lead the court in new directions - or to stand up under the criticism that a conservative justice must expect.
