I have a simple test: Is this an outstanding nomination? Miers doesn't pass that test.
This republic is too far gone to afford anything less than a paragon of judicial scholarship. Betting that Stevens will quit in time to fix it is a very risky move.
What "scholarship" would that be? Would it be the "scholarship" that our law schools promote?
If so, deconstruction and radical historicism isn't exactly much to bank on.