The irony is that Miers was hugely more qualified than Kagan (who actually has less than 2 years’ experience in private practice) but got dissed purely because she didn’t got to Harvard or Yale law school.
Miers sole ‘qualification’ was that she is one of Dubya’s cronies. And what little evidence we did have showed her to be a liberal.
” . . . but got dissed purely because she didn’t got to Harvard or Yale law school.”
If there is another Obama appointment to the Supreme Court the nominee will almost certainly be another Harvard, Yale or other elite school graduate. He will also appoint a minority, a female, or a gay so the “discrimination” hammer can be brought out to browbeat any opposition from conservatives based on judicial philosophy. McCain, Hatch, Alexander, Graham and the other leaders of the GOP faux conservative caucus will immediately run for the woods insisting the president is entitled to his nominee.
There is another option. Fight the nomination demanding educational diversity on the court. Attack the current court and the nominee for being too elitist and the Harvard/Yale dominance as being too limiting in terms of perspective. Ask why graduates of state universities and individuals from rural states aren’t being given consideration. Turn the tables on the progressives and accuse them of being exclusionary, discriminatory, bigoted, small minded, elitist, and protectors of the interests of the wealthy and powerful.
A real opposition party would already have a game plan in place to use the tactics of the left to beat back another Kagan or wise Latina. Unfortunately I suspect the only play in the GOP book is to bend over.