Miers must go. Now.
Jeff at Protein Wisdom says what I mean.
The Conservative resistance to the Miers nomination is not grounded in elitism as some have argued. It’s certainly not grounded in sexism as Laura Bush has outright accused. It is based upon the simple fact that there is nothing in Miers background, career, or writings that implies that she is anything other than a “go along to get along” type.
Personally, I could give a shit about Roe v. Wade. Anyone who thinks that the Supreme Court is going to overturn it is nuts. Anyone who thinks that overturning it will have the effect of instantly wiping out abortion is certifiable. This is considering the facts that I am against abortion in nearly all cases, and think that Roe was wrongly decided.
What’s at stake here is far greater than any one pet cause. We’re talking about the future of American jurisprudence. Roberts is already showing his cards. He’s all about the stare decisis. Sure, considering precedent is valuable when evaluating law. But it should not be held to with an iron grip. What makes Miers appear worse (and keep in mind I’m going off of random snippets of the few things that ARE known about her) is that she, like O’Connor, is willing to let not only legal precedent guide her decisions, but also social opinion.
We should not be putting justices on the bench of the highest court in the land who believe in the myth of “settled law”. To do so is tantamount to establishing Judicial Infallibility.