What is the justification for passing over Edith Jones, Luttig, Alito, Williams, Sykes, Brown, etc?
I put to you that the justification for passing them over doesn't come close to rising to the justification of nominating Miers instead. If the GOP isn't willing to die on a hill like the shape of the future of the Supreme Court, then what hill are they willing to die on?
Well, they can get all excited about 100 new members because it causes a statistically significant change in their percentage of the electorate.
This is probably completely off-base and crazy, but what if Bush thinks another retirement is imminent(Ginsberg) before his term ends, and he is appeasing the Dems for now in order to make a clearer path for a future conservative pick???
It could happen.
I think it also sends a very damaging message to conservatives within the legal profession - act too "conservatively" and your career will be limited. The only people who can aspire to the highest position in their field are liberals and conservatives who are careful not to advance the cause too much.
Too bad. It's a real opportunity missed, and the consequences are likely more far-reaching than most realize.
All of those choices--a Luttig or a Jones--appear to have higher intellects than Miers. Roberts and his persuasive abilities may be our only hope for Miers; otherwise, someone like Breyer--who along with Scalia and Roberts are the top intellects but unlike Scalia isn't abrasive--would be able to turn her to the left.
It's obvious from her recent donations that Miers will flip flop if expediency calls for it.