Harriet Miers

The appointment of Harriet Miers as Associate Supreme Court Justice has been met with a lot of disappointment on the conservative side of the blogosphere, and relief on the liberal side.  Here are what might be considered typical responses.

From the exteme left we get this from Daily Kos (boldface is mine):

Miers is an even better candidate for the next Souter than Roberts. We won this round. This nomination is born of Bush's weakness, just as Clinton's nominations of Ginsburg and Breyer, at Hatch's urging, were born of his own weakness.

I wonder that Bush can suddenly be considered weak right after the successful confirmation of John Roberts, but that's Kos's take.  Over on the right from Right Wing News we get the opposite reaction based on roughly the same assessment (boldface in the original):

Disaster, Thy Name Is Harriet Miers

George Bush's decision to appoint Harriet Miers to the Supreme Court is bitterly disappointing.

Miers is a Bush crony with no real conservative credentials, who leapfrogged legions of more deserving judges just because she was Bush's pal. She used to be Bush's staff secretary for God's sake and now she's going to the Supreme Court while people like Michael Luttig, Priscilla Owen, Janice Rogers Brown & Emilio Garza are being left on the sidelines.

Again, I wonder that Bush can suddenly be inept on this choice.  He's spent his entire presidency making the tough decisions and going with them in spite of opposition from almost every corner.  To suggest that he's folded at this point makes no sense.  I think the disappointment is misplaced.

I expect Harriet Miers will be very conservative.  If I have any misgivings it's that I expect her to be a social conservative as opposed to a libertarian conservative.  I listened to her acceptance speech yesterday morning on the radio.  Here's the part the struck me.

The wisdom of those who drafted our constitution and conceived our nation as functioning with three strong and independent branches have proven truly remarkable. It is the responsibility of every generation to be true to the founders' vision of the proper role of the courts in our society. If confirmed, I recognize that I will have a tremendous responsibility to keep our judicial system strong, and to help ensure that the courts meet their obligations to strictly apply the laws and the Constitution.

She may very well be a Souter like "stealth" candidate, but unlike Souter I don't believe she''ll be liberal.  She'll be the flip side of the Souter coin and turn out to be much more conservative than people ever imagined.

Update:  Patrick Ruffini and Dave Kopel agree, noting this Miers quote:

The same liberties that ensure a free society make the innocent vulnerable to those who prevent rights and privileges and commit senseless and cruel acts. Those precious liberties include free speech, freedom to assemble, freedom of liberties, access to public places, the right to bear arms and freedom from constant surveillance. We are not willing to sacrifice these rights because of the acts of maniacs.

That she considers the right to bear arms among those not to be sacrificed ought to reassure conservatives.  Put me firmly in her corner.  Also color me only mildly disappointed that the Democrats are unlikely to make further fools of themselves by filibustering.  But then... there's still time.

Update II:  Rich Lowry thinks the Democrats may choose to fight Bush on this. 

Democrats have an interesting choice. They can accept Miers on the theory that as an unknown quantity she is the best they can hope for from Bush, given that his short list included well-established, intellectually hefty conservatives. Or they can try to deal Bush a blow by attacking her as a crony. If they choose the first course and Miers votes as a down-the-line conservative on the Court, Bush’s pick will, over time, be seen as politically canny. Now it looks like the latest act of an overly insular, increasingly off-key White House.

I don't think so.  Senate Minority Leader Harry Reid had her on a list of acceptable candidates. 

I like Harriet Miers. As White House Counsel, she has worked with me in a courteous and professional manner. I am also impressed with the fact that she was a trailblazer for women as managing partner of a major Dallas law firm and as the first woman president of the Texas Bar Association.

In my view, the Supreme Court would benefit from the addition of a justice who has real experience as a practicing lawyer. The current justices have all been chosen from the lower federal courts. A nominee with relevant non-judicial experience would bring a different and useful perspective to the Court.

If Man Without Qualities is accurate in his assessment of Reid, he will not take kindly to rank and file bucking him on this.  I think the confirmation hearings will look like a love-in.  But, as they say... hope springs eternal.

Update III:  Rick Moran at Rightwing Nuthouse is having a hard time coming around to the Miers appointment.  Much as I would have enjoyed watching the nuclear option, I have to say, the more I think about this choice the more I like it.  With it, Bush has managed to split some of the Democratic leadership away from their hard left support.