If Miers votes the way I like on the Court, and I trust that she will, or Bush would not have risked his legacy by nominating her, then that is good a result as there can be. Each justice gets one vote on a case. None of the commentators have ever nominated, or gotten confirmation for, a Supreme Court justice. Bush has. His judicial nominations to date have been right on the mark. There is no reason to think that the Miers nomination is of a lower quality, just because it doesn't give some the fight they want.