"In other words, let's not lose the war to win the battle."
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Although I'm someone of "utterly ordinary intellect", I understand what you're saying, and I couldn't agree more...for what it's worth to the John P.'s of the world! lol.
Re: J.P's opinion that Miers would be out of her league on the SCOTUS,I've observed a number of so-called brilliant persons who didn't appear to have an ounce of common sense for all of their knowledge. What's the benefit of knowledge without wisdom? Some decisions of the SCJ's have proven faulty, and even harmful, over the years. All of that knowledge, yet such a lack of judgment!
Harriet Miers is no more a "dummy" than is George W. Bush, although there are a lot of people who would have us to believe both are dunces. Ms. Miers and the president do have one thing in common - they are both devout "born again" Christians. The "wise man" of the Bible says in the book of Proverbs that the fear of God is the beginning of wisdom ("fear" meaning reverence). The lives of these two people demonstrate reverence for God, Jesus Christ, and the Bible.
Many, if not most, so-called intellectuals seem to find genuine religious zeal embarrassing and a sure sign of inferior intellect - especially zeal of the "evangelical Christian" kind! (Don't get me wrong, I know there are some real religious nut cases out there! lol.) That plus the lack of credentials from the right institutions of learning is enough "proof" for some that she is "unfit" to serve on the SCOTUS. SMU vs Harvard is the equivalent of being home-schooled or self-educated! It doesn't really matter how smart or capable you are if you don't have the right papers. OTOH, if you have the right credentials, but become "a genuinely devout evangelical Christian", your credentials aren't worth the paper they're written on anymore. (Remind you of anyone) ha.
These are just some thoughts I've had as I've watched this whole mess unfold.
She won't have the particular subject matter expertise of addressing particular constitutional issues, but that's why you have clerks and do research. You develop that expertise as the cases arise. You look at the text, analyze the caselaw, and write. And likewise, every sitting justice is not an expert when it comes to every federal statute and regulation. They too must educated themselves regarding the particular law that's in front of them when they address such cases. I see no reason to believe that Miers shouldn't be fully capable of correctly doing constitutional analysis given her obvious success as a civil litigator.