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I completely agree that the Senate leadership has been sorely lacking when it comes to judicial appointments. Nevertheless, it reinforces the basic point: President Bush felt that he could not get a known conservative nominee through. Thus, the Miers nomination effectively tells the Democrats they still control the nomination process, even though still a minority.

Contrast this with his re-nominations of previously filibustered judges. Even if he had nominated one that would certainly go down, why could he not then nominate someone equally as conservative and controversial, forcing the Democrats to either appear increasingly shrill and obstructionist or confirm someone they despise? Remember, Scalia got onto the Court because the Democrats were forced to concentrate their hysteria upon the elevation of Rehnquist. Time may have not permitted that here, but I think Bush could have easily nominated someone like Luttig or Brown at the same time he nominated Roberts for Chief Justice. Alternatively, he could have nominated Scalia for Chief Justice, Roberts for O'Connor's slot, and a third to replace Scalia.

The President did not need to "win with the hand he had." That is a tacit admission the Democrats are still in charge of the judiciary and the nomination process. They will only be emboldened to continue using such parliamentary tactics in the future, no doubt expanding them to other nominations besides the courts. There were far more ways he cold have played it that would have totally discombobulated the Dems and gotten a very controversial nominee through at the same time.

Do not forget that part of the hand the President was dealt came from the voters who have worked long and hard to secure Republican majorities in Congress. It appears the President, like Senate Republicans, wants to rely on the fear of Democrats regaining majorities to keep those votes. I think he far better serves the party by demonstrating he will keep sending up controversial nominees until the Democrats back down than simply giving up for the sake of a confirmation. He did it before with some success and there was really no reason not to do it this time.

That sounds great on paper. And...I completely understand your position.

But I spend a lot of time with less plugged in GOP voters and ALL of them LOVE the Miers pick. They are so fed up with the news channels and even people like Rush, Hannity, Coulter, O' Reilly and the like.

I had one person tell me that they usually couldn't wait to turn in...but these days it was making them so angry they just turned it all off. "It's a sad day when you can't tell the difference between CNN and Rush." She said, "They are being so mean."

The rank and file is standing with the President. None of this strategy, elitist, good ivy league school stuff matters to them. They don't want a fight. They want a good and decent person on the court.

So while many loud activists are screaming all over cyberspace and the radio, the average person looks and Miers, and looks at the President and says "you know what, she is one of us. He is actually representing us."

It may not be what the activists like, but from my experience, it is only improving the President in the eyes of the average American. He appears to want to do what's right for THEM, even if it gets him in trouble with his own party.

It's pretty hard to get the American people to not just pass someone off as a "politician." But that is how the President is coming across. Like it or not, it's a big win for him.