Regardless of whether she would have ultimately been confirmed-and I agree that it would have been one hell of an uphill struggle with Rodgers-Brown-the point stands that President Bush blew an opportunity by not nominating someone like her or Prof. Mary Ann Glendon.
If that effort had failed, then he still could have nominated Miers-or someone equally forgettable and unimpressive-and been none the worse for it.
I have stated many times, my choice would have been Miguel Estrada. What I consistently see is no thought given to how this nomination came about. It wasn't simply pulled from a hat. Put on your logic hat for a second, set aside your current position and ask these questions:
Was Miers on his original list ?
My opinion is no, if only because of a cronyism charge.
Was Bush surprised to see her name on the democrat list ?
Undoubtedly so, and because he knew her so well, she was added to the original list.
Why did he add her to the list ?
Because of the democrats putting her on the list, the cronyism charge no longer held water.
Why would the democrats put a pro-life evangelical Christian conservative who is devotedly loyal to Bush on their list and who would obviously anger their feminist base ?
Because they did not think Bush would nominate her, she was a token conservative they could point to in the future to say they had given him conservative options.
I disagree with Bush on some issues, but I those issues are irrelevant ot his performance and track record of nominating judges, which has been outstanding. All the above said, I am still not committing my support to Miers until after the hearings, because I want to see her intellect on display and how she reacts under pressure. I do not expect litmus test answers, but I do expect to get an insight into her thought process. If she falls on her face or blows up, I will support defeating her nomination. I do reject the charges of mediocrity levelled at her as character assassination. One does not rise to being a high powered litigator and head of a major law firm by being mediocre.