I have changed my mind regarding Harriet Miers. She should not---and will not be confirmed. It is becoming more obvious that the well meaning George W. Bush does not have his act together in this particular instance. Previously, I thought Miers is a convinced legal originalist. This may still be the case. Nonetheless, we shouldn’t take the risk. We are now finding out that she apparently was a gung-ho affirmative action advocate. My fear is that Miers is an intellectual chameleon. She puts her finger into the wind and sees where the wind is blowing. I never held it against Miers that she did not obtain an “elite” education. This actually could be something positive. Unfortunately, it seems that she has done little informal reading of constitutional law after finishing school. Even Republican senators wanting to give her a chance are underwhelmed by her intellect. I presently can’t imagine her nomination getting out of committee.
The recent hullabaloo over Tom DeLay and the vicious attacks on Karl Rove and Scooter Libby should scare us all. In each and every case, we are witnessing a perversion of the legal process. Post modernist interpretations have replaced the original intentions of the lawmakers. There is never a solid guarantee regarding the final outcome of a Supreme Court nominee. Perhaps John Roberts may prove disappointing? Earl Warren and Harry Blackmun certainly were. President Eisenhower considered Warren one of the greatest mistakes of his entire life. It is prudent that we increase the odds in our favor. Harriet Miers is a long shot. President Bush can do a lot better.