Ever since the Dem contingent of the gang of 14 took Harry's nuts away from him, he's inclinded to pretend he's happy with a nominee, because he has no power to filibuster without their support.
Don't worry, Harry will wiggle into an anti-Miers position soon enough.
Harry has lost what mind he had, and he is taking so much flack lately from all sides. His problems financially and his crooked son's problems and his own health problems he probably appreciates the hell out of someone that has been decent to him and returns his phone calls.