I have read and read and read and read what both sides of the conservative debate are on the Miers nomination. There seems to be a lot of passion on both sides but not a lot of relevant information. People are grasping at whatever tidbit of information they can get their hands on and trying to extrapolate that into some idea of what kind of justice she would be.

There is one question I have yet to see addressed. Is Miers An Extraordinary Nomination? More specifically does her nomination and her lack of “traditional credentials” meet the standard of extraordinary circumstances? Assuming the nomination makes it out of the judiciary committee, would the Democratic half of the gang of 14 sing on to an effort to filibuster?

If in the course of the confirmation hearings Miers reveals herself to be a solid conservative and a strict constructionist how will the Democrats react?

Lastly, is this what Bush had in mind all along? Does he know that despite the initial reaction from Harry Reid and others that Miers is precisely the kind of justice the Democrats do not want? Does he know that the nomination will hit the Senate floor like Katrina?

There are too many known unknowns and probably too may unknown unknowns.

Posted by: Stephen Macklin at 02:51 PM | Comments (1) | Add Comment