The nomination of Miers was an invitation to a fight in which the President had seized the high ground.
The Democrats lose if they don't fight her, and they lose if they fight her.
For the President it is a win-win situation. The only miscalculation the President made was in the solidarity among conservatives... or rather the lack of it.
He should have seen that coming a mile away. All he had to do was lurk confirmthem.com and redstate.org when the Meirs trial balloon went out last week. Either the white house is too insulated or he figured he'd overcome grassroots conservative opposition.