Conservatives are panicking. They are in a furious rage. The president promised them a constitutionalist and judges who would never legislate from the bench and he gave them.....Harriet Miers. The reaction to the president’s announcement this morning was fast and furious from the right. Redstate.org opined that Ms. Miers is, as far as they know, "unqualified for the position." Paul Mirengoff of Powerline asserts that Miers would not have been nominated were it not "for her gender" and her "status as a Bush crony". William Kristol, editor of The Weekly Standard, goes so far as to say he is "disappointed", "depressed", and "demoralized" with the Miers selection. The mood within the comment sections of conservative blogs is much harsher.
At first I was not all that enthusiastic about the pick either. As most conservatives, I was enchanted by the prospect of a Luttig, Alito, or Garza joining Justices Scalia, Thomas, and Roberts on the high court. Harriet Miers would not have been my first choice, not even close. But this does not mean that Ms. Miers is not a good choice, or quite possibly, a great choice. Conservatives would do well to desist the hysterical gnashing of teeth they are currently indulging in and keep a few things in mind.
First, the president has not broken his promise to nominate judges in the mold of a Scalia or a Thomas----he has never made such a promise. The president said that Justices Scalia and Thomas were those whom he most admired. What he promised, throughout his presidency and his reelection campaign, was that he will nominate judges who respect the law and will not legislate from the bench.
Ms. Miers is not unqualified. The fact that she has never served on a bench, state or federal, or is not a prominent legal scholar in no way disqualifies her from serving on the U.S. Supreme Court. She has spent her life in private practice, she has served as president of the Texas state bar, and has served in the Bush Administration in it’s entirety. If Ms. Miers’ credentials do not suffice as proper qualification than neither did those of William Rehnquist, the late and great Chief Justice whom all conservatives agree was one of the nation’s greatest.
Neither is Ms. Miers a Bush "crony". The fact that she is a close associate and subordinate of the president should comfort conservatives tepid over her lack of a paper trail or discernible judicial philosophy. The president wants a justice who will exercise judicial restraint and remain faithful to the constitution just as much as anybody. His lower court appointments bear this out. After reviewing all possible candidates his personal association with Ms. Miers convinced him that she will meet this criterion. The president came to the same conclusion in a similar circumstance when selecting his running mate and vice president. Does any conservative dispute his judgment in that instance?
The president knows Harriet Miers, he trusts her with a lifetime appointment to the Supreme Court. In turn, I trust the president; he has never given me, nor any other conservative reason not to.
Hat Tip: John Hinderaker, Patrick Ruffini
UPDATE (4:13 P.M. 10/4/05): Read this.
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