This is looking less and less like a Supreme Court nomination every day. It's becoming a circus. One that you feel ever more strongly that you should leave, but can't seem to find the way out.
"This proposed law does violence to the balance of power between the legislative and judicial branch of our State's government and constitutes an assault upon the powers of the Supreme Court" just as it had fallen into "Republican hands for the first time," Miers wrote.
Fein said it is outrageous to invoke separation-of-powers arguments when a legislature -- wisely or not -- tries to foster free enterprise. By citing the GOP's new control of the Texas Supreme Court, he said, Miers seemed to be seeking a partisan outcome on shaky constitutional grounds.
This may be one nomination where the filibuster would at least make *some* sense, but the Democrats won't use it unless they're absolutely convinced Miers is another Scalia or Thomas. If Miers comes off as a moderate at the hearings, her qualifications won't matter to Democrats. They'll vote for her because she's better than the possible alternative. It's up to Republicans to make sure this woman is up to the job.
I have changed my mind on her and hope that the nomination is removed.