The reaction from conservatives has been almost uniformly negative, with Bill Kristol speaking for many in describing himself as “disappointed, depressed and demoralized.” For conservatives that have stuck with Bush as he’s come under fire for Iraq, Katrina, etc. and to those who have sucked it up as Bush abandonded conservatism and engaged in the biggest expansion of government since Lyndon Johnson’s Great Society, this may be the last straw. Meanwhile, on the flipside, there is a “trust Bush” crowd that wants to give the president the benefit of the doubt, out of hopes that Miers will turn out to be a reliable conservative vote.
But for me, it is not just an issue of votes. One of the things that impresses me about the Supreme Court is that it is the only institution of government that allows people to resolve issues in an intellegent manner through reasoned debate. I think conservatives should expect more than just a reliable vote, but hope for someone who is a brilliant thinker that can guide future generations of judges and lawyers.
As John Podhoretz put it:
She might vote with Scalia every time for all we know. The problem with the Miers nomination is that there are a dozen scholarly judges and thinkers, including women, who were unambiguously more qualified for the position, and Bush passed them over to throw a lifetime bone to his friend and deputy.
I look forward to learning more about Miers in the coming weeks and months. And perhaps her confirmation hearings will win me over. But right now, I have to concur with Kristol.