Well which way did Souter go? It's not just Ginsberg and Stevens that she's facing, it's the entire hostile DC culture that only the strongest, most intellectual conservatives can prevail in. But do you think Souter was a true conservative to begin with? My thinking lately (Pollyanna-ish though it may be) is that Ms. Miers' conservatism is entwined with her faith and an integral part of her personal beliefs, making her much less likely to be swayed. I think in that regard, her lack of judicial experience is another plus. Not being part of the "brotherhood" (or sisterhood) of Judges, perhaps she is less likely to yield to their influence. Your argument makes sense if Ms. Miers' conservatism is of the same depth and strength as was Souter's at the time of his appointment. I don't think we have the evidence to support that supposition, however.
Let's analyze W here for a moment: For those people who scream "Betrayal!", what do they think W is trying to do, is he:
- Trying to secretly get liberals onto the court.
- Lazily trying to get anybody confirmed.
- Trying to get reliable conservative votes on the court.
It's silly to say he's attempting (1) and I don't think it's (2). It's most clearly (3). Look, she's not a stealth pick in the sense of Souter for two reasions: She hasn't been living her whole life trying to build up SCOTUS credentials (Roberts, for example, has.). And her whole life indicates that she's friendly to both gun rights and the pro-life cause.
In fact, she might be the only "conservative activist" on the court.