Plenty of people on this very forum are using that argument.
Including many who screamed, hooted, and hollered for weeks on end that they wanted Ann Coulter on the USSC bench.
To clearly state my position:
I am disappointed in Harriet Miers' nomination. Mainly because of the lack of a "paper trail". Being a lifelong Texan, I am aware of Harriet's past public service.
Yes, I am disappointed that a couple of the other names in the hat were not selected. Not that I was looking for an "in your face" battle in the senate. It may likely turn out that she has written a few dissertations relating to US constitutional law. Her Dallas City Council stint did not impress me personally, and I do understand that city politics is VERY different from national politics. Just as Texas state politics are different from national. What we called a liberal democrat, would be considered fairly conservative in the northeast.
In summary, I am not thrilled with her selection. I will encourage my senators to ask questions that clarify the nominees understanding of constitutional law, and request her commitment to strict constructionist philosophy.