However, even if we presume that she starts out with an attitude that is more suited to interpreting the Constitution as it was written, who is too say that this mentality will remain after ten years on Court?
Ten years of being castigated for being a reactionary-in the Bork/Scalia mold-if we are even certain that that's how she'll begin her tenure.
The best-and in reality, the only-way of ascertaining how a future Supreme Court justice will behave when he or she is sitting on the Court is by looking at their past records.
And this is something that Harriet Miers-whatever her inherent assets-does not have, since she was never a judge on either the federal circuit or at the state level.
All true. The same was said of Thomas. And with regard to Souter, he was a conservative judge in NH. For example, he ruled the right way in a Kelo-like case.