Miers is done. George Will has a blistering piece that gets to the heart of the hypocrisy on both sides and highlights the attendant risks. First, the Dems:
And Democrats, with their zest for gender politics, need this reminder: To give a woman a seat on a crowded bus because she is a woman is gallantry. To give a woman a seat on the Supreme Court because she is a woman is a dereliction of senatorial duty. It also is an affront to mature feminism, which may bridle at gallantry but should recoil from condescension.Next, the Republicans:
As for Republicans, any who vote for Miers will thereafter be ineligible to argue that it is important to elect Republicans because they are conscientious conservers of the judicial branch's invaluable dignity. Finally, any Republican senator who supinely acquiesces in President Bush's reckless abuse of presidential discretion -- or who does not recognize the Miers nomination as such -- can never be considered presidential material.Oh man.
Finally, he cuts to the bone on what's wrong about this nomination and - much, much more importantly - what's wrong with system. We have legislators who refuse to make law that doesn't feed their constituents' pocketbooks or challenges their comfort. We have judges that fill the legislative vacuum - legislating from the bench - instead of refusing bail out Congress and demanding that legislators, well... legislate.
In their unseemly eagerness to assure Miers's conservative detractors that she will reach the "right" results, her advocates betray complete incomprehension of this: Thoughtful conservatives' highest aim is not to achieve this or that particular outcome concerning this or that controversy. Rather, their aim for the Supreme Court is to replace semi-legislative reasoning with genuine constitutional reasoning about the Constitution's meaning as derived from close consideration of its text and structure. Such conservatives understand that how you get to a result is as important as the result. Indeed, in an important sense, the path that the Supreme Court takes to the result often is the result.[Emphasis Mine]Right on brother Will!
And, by the way - to make it official (however irrelevant to the world at large), I oppose the Miers nomination.