Justice Miers? Not So Fast!

When John Roberts was nominated to replace Chief Justice Rehnquist, the nomination quickly became a juggernaut that could not be stopped. Republicans and Democrats realized that, while some questions remained unanswered, he had a distinguished legal career worthy of service on the Supreme Court. While my test is different, Judge Roberts clearly met the standard that Republicans have set out with their near-unanimous support of recent Supreme Court nominations by Presidents of both parties. Harriet Miers does not.

Ms. Miers can be confirmed if and only if simply being a lawyer is sufficient qualification for service on the Supreme Court. The White House has bragged about her term as head of the Texas Lottery Commission and head of the Texas Bar Association. That's all well and good, but is making sure that nobody tampers with a bunch of ping pong balls really a qualification for a lifetime appointment to the Supreme Court? As to the Texas Bar Assocation, a staffer close to the situation put it well when he said, "They brag about the fact that she was the head of the Texas Bar association. That doesn't make me enthusiastic. That makes me nauseous."

Thankfully, several Republican Senators have either remained silent or have made statements that indicate that Ms. Miers has something to prove, especially with regard to judicial philosophy. Republican Senators Jeff Sessions, Sam Brownback, Tom Coburn (Judiciary Committee members), Wayne Allard, George Allen, Jim Bunning, Richard Burr, Norm Coleman, Susan Collins, Larry Craig, Jim DeMint, Elizabeth Dole, Pete Domenici, Mike Enzi, Chuck Hagel, James Inhofe, Johnny Isakson, Trent Lott, Lisa Murkowski, Richard Shelby, Olympia Snowe, John Thune, and George Voinovich have all indicated that they simply do not know enough about Ms. Miers to make a determination at this point. Still more have not yet made any statement regarding the nomination. The fact that this sixty year old woman does not have a paper trail itself speaks volumes of her level of qualification.

Republicans control the Senate, and the White House for that matter, in no small part because voters trusted them to ensure that the Supreme Court in the future would consist of highly qualified jurists with a clear judicial philosophy. The President has failed to live up to his end of this deal. Now, Senate Republicans must step up to fulfill their responsibilities to the voters and to the Constitution by rejecting this nomination.