My very quick read, very quick, but at this point in my life I can scan very quickly, is that the Miers brief was excellent, and superior to the brief of the opposition. The writing is focused and spare and to the point. As I said, she has the inside lane to start, which helps. I will read both briefs more carefully tomorrow, if I can, when my mind is fresh, and comment further, and reserve the right to revise and extent my remarks.
Clearly, the only reasonable conclusion, is that Miers did not actually write the brief. She just isn't up to it. :)