Major Questions on Miers

Now that the Senate has essentially rubber stamped John Roberts, Bush has trotted out Harriet Miers as his next Supreme Court nominee. It seems clear to me why he picked her and if I’m right then it should be troubling to everyone, not just those who consider themselves progressive.

She has has never been a judge and prior to working for Bush her background was corporate law. She is unlikely to have any sort of paper trail that might give away her positions on the major issues facing the Court. Given how recent nominees have been able to avoid answering questions about these issues, it is likely that Bush sees this as a positive. He knows her positions but the Senate won’t have any way of discerning them.

This woman has worked in the White House since Bush took office. She is likely to have some involvement in many of the cases that will Court will hear. Just how many cases will she have to recuse herself from? How can a White House lawyer effectively serve as a Sureme Court Justice?

It is well known that Bush values personal loyalty among his staff. Indeed, in recent weeks, it has become apparent that loyalty and political closeness are more important to him than personal qualifications. Can Miers serve objectively on the bench when she has been so politically close to Bush?

Roberts, at least, had a background that made him a reasonable candidate for the Court. Though many people, myself included, think he should not have been confirmed, he had impressive credentials. Miers’ credentials are also impressive but not in a way that makes her suitable for the Court.

Though she has even less of a paper trail than Roberts, don’t make the mistake that she has no positions. She has worked very closely with Bush for years and it’s hard, if not impossible, to believe that he doesn’t know exactly how she feels. This is a blatant attempt to stack the court by running through a candidate who is part of his own inner circle but little personal visibility.

Call and wirte your senators and let them know that this is unacceptable.