Regarding the Miers appointment, I've admitted I am disappointed the President chose to duck a fight on a known Conservative judge, because public debate is the way the public gets educated on such things, and we desperately need that education.
Nonetheless, I can't understand the extent of many Conservatives' public opposition to this nomination. For a layperson such as myself, who knows no less about Miers than I knew about Judge Roberts, the outrage smacks of in-crowd Washingtonians smarting that they were left out of the loop. Laura Ingraham, for example, has been vocal in her disappointment in Miers, but was thrilled about Roberts. Why? Because she personally knows Roberts and trusts him. Fine for her, but basically her position comes down to: trust me, Laura Ingraham. For the rest of us, who know neither person, we're in exactly the same position we were in with Roberts: we have to trust the President. And where judges are concerned, I do.
When it comes down to it, if I have to trust the President, then I'd prefer he choose a "crony." Gerald Ford didn't know John Paul Stevens. Ronald Reagan didn't know Sandra Day O'Connor. George H.W. Bush didn't know David Souter. They went to great legal minds and/or resumés. Thinking it through, although after the hearing process I feel comfortable with Roberts, I almost trust Miers more --because what does Bush know about Roberts? They have no longstanding relationship which would allow Bush to say, here's a guy who won't "grow" in office once he's confirmed.
Anyone can "grow," so in that sense a nomination is always a bit of a crapshoot. But I do think Bush "gets" the Court problem and a 10-year relationship with a person is a better indication of solidity than a few somewhat indicative rulings (which is all we had to go on with Roberts). And to my commenter from two posts below: I reject the notion that only professional Constitutional scholars can sit on the Court, and therefore I don't think the Manhattan Project analogy holds up. See Ken Masugi's great post over at the Claremont Institute's blog, The Remedy.
