[AmericaUnited]

In any case, even if he did say Scalia, he knows Miers and we don't, so she might well be both a constructionist and a Scalia wannabe.

Here's an interesting snippet:

``We'd be talking about somebody's background,'' said Leonard Leo, now on leave as executive vice president of the Federalist Society, the conservative group whose headlined speakers have included Supreme Court justices and Bush administration official.

``There would be a moment of silence when she was clearly thinking about what was being said and then she would challenge it, asking, 'But what specifically in those opinions strongly suggests that this is someone who ascribes to judicial restraint?''' Leo said.

[Cboldt]

[While vetting candidates for nomination] then she [Miers] would challenge it, asking, 'But what specifically in those opinions strongly suggests that this is someone who ascribes to judicial restraint?'

So, she gets to ask that question, "what specifically in those opinions strongly suggests ..." about the nominee candidates. I wonder if the candidate as disqualified if the answer was -- crickets --.