The Big Guns are Not Aligned

George F. Will:

Senators beginning what ought to be a protracted and exacting scrutiny of Harriet Miers should be guided by three rules. First, it is not important that she be confirmed. Second, it might be very important that she not be.

Third, the presumption -- perhaps rebuttable but certainly in need of rebutting -- should be that her nomination is not a defensible exercise of presidential discretion to which senatorial deference is due.

It is not important that she be confirmed because there is no evidence that she is among the leading lights of American jurisprudence, or that she possesses talents commensurate with the Supreme Court's tasks. The president's "argument" for her amounts to: Trust me. There is no reason to, for several reasons.

Kathryn Jean Lopez at NRO's The Corner summarizes Will's main objections:

1) Bush has no interest or ability to make "sophisticated judgments" about such matters, and it's impossible to believe that anyone who can would have recommended Harriet Miers;

2) Bush "forfeited his right to be trusted as a custodian of the Constitution" by calling McCain-Feingold unconstitutional back in 2000, then signing it into law.

3) unless Miers demonstrates in her hearing that she has "hitherto undisclosed interests and talents pertinent to the court's role," the Senate has a duty to reject the nomination to prevent this or any other president "from reducing the Supreme Court to a private plaything useful for fulfilling whims on behalf of friends";

4) the Miers nomination vindicates the principle of tokenism under the rubric of diversity; writes Will, "for this we need a conservative president?"

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