Miers Nomination

I don't know much about Harriett Miers and I am sure I will learn a lot more over the next several weeks. However, this post from Outside the Beltway is way off base. Leopold Stoch writes, the Miers nomination is

* An insult to the American people
* An affront to any Constitutional scholar
* A dishonoring of the Supreme Court as an institution
* A repudiation of the founding fathers (see especially Federalist 76)
* A slap in the face to anyone who voted for George W. Bush

First, even among people who are politically informed, the nomination is currently a non-issue since so little is known of Miers. One thing is for sure, a fair number of poeple are happy the President has nominated a woman.

Second, any one who thinks the Supreme Court docket is all constitutional law has not done even a cursory examination of the docket. Well over half the cases are statutory interpretation, procedural issues and issues related to business matters. In those cases, I want a lawyer who has spent a lot of time in private practice and has a practical, pragmatic and lawyerly approach to the caseload.

Third, Harriett Miers would no sooner dishonor the Court than any other lawyer in America. Most lawyers do not like everything the Court has to say, but there is always a respect for the Court.

As for the Founding Fathers--they aren't here, they set up the institutions and they set the machinery in motion, but they aren't here and they have no say.

Of all the arguments that Stoch puts forward, only the last has any weight. But whether Harriett Miers will be a slap in the face of Bush voters remains to be seen. At the very least, the earliest we can come to a conclusion about the quality of Miers is during confirmation hearings. The only true measure will come when Miers begins to write opinions--not before.

In short, Stoch is one of many opinions out there who are somehow offended that someone like Judge Luttig or McConnell were not chosen. But like most bloggers with an opinion, they don't have to get a nominee confirmed and sniping from the sidelines, while well within their rights, does little to advance the debate. If people want to debate Miers positions and philosophy, I am happy to read and comment on such matters. But Monday Morning quarterbacking on a selection that is already made furthers nothing.