Harriet Miers Gets The Nod

The AP reports that a “senior administration official” confirms that President Bush will nominate Harriet Miers, currently the White House Counsel, to replace Sandra Day O’Connor. Miers has never served as a judge at any level, and her nomination appears to give the President an opportunity to push a “stealth” candidate onto the Supreme Court:

President Bush has chosen Harriet Miers, White House counsel and a loyal member of the president’s inner circle, to replace retiring Justice Sandra Day O’Connor on the Supreme Court, a senior administration official said Monday.
If confirmed by the Republican-controlled Senate, Miers, 60, would join Justice Ruth Bader Ginsburg as the second woman on the nation’s highest court.
Miers, who has never been a judge, was the first woman to serve as president of the Texas State Bar and the Dallas Bar Association.
Without a judicial record, it’s difficult to know whether Miers would dramatically move the court to the right. She would fill the shoes of O’Connor, a swing voter on the court for years who has cast deciding votes on some affirmative action, abortion and death penalty cases.

After the tussle back and forth on the day the White House announced Roberts’ nomination, I’d normally take this with a grain of salt. However, at the same time that the AP reported this, the GOP sent out an info sheet on Harriet Miers confirming her nomination. They want to provide plenty of ammunition for the President’s supporters on the choice of Miers, so it doesn’t appear that this is a trial balloon or a dodge for a different candidate.
Miers does answer two big criticisms of John Roberts raised by the Democrats during his confirmation hearings. Miers has extensive trial litigation experience, and she also has held public office, although she limited her political career to the Dallas City Council. Her work on cleaning up the Texas Lottery Commission will look good in terms of real-world experience, and her connections at the American Bar Association will also smooth some rough sailing.
All that being said, I find this pick mystifying. Miers just turned 60 years old, not exactly ready to retire but potentially giving up at least a decade for the Bush legacy on the Supreme Court. Other women with judicial experience and/or a stronger track record of conservatism could have been found. She didn’t graduate from a top-drawer legal school (SMU), and she didn’t clerk for a highly influential jurist (US District Judge Joe Estes).
Not only does Harriet Miers not look like the best candidate for the job, she doesn’t even look like the best female candidate for the job. If judicial experience is a liability, why not Maureen Mahoney, who is younger, has argued cases at the Supreme Court, and worked within the Deputy Solicitor’s Office after clerking for William Rehnquist? Better yet, why not nominate J. Michael Luttig or Michael McConnell, with their brilliant and scholarly approaches to the law and undeniable qualifications through years of judicial experience? Why not Edith Hollan Jones, if Bush wanted to avoid the confrontation that Janice Rogers Brown would have created?
Miers may make a great stealth candidate, but right now she looks more like a political ploy. Color me disappointed in the first blush.

38 thoughts on “Harriet Miers Gets The Nod”

  1. BUSH GONE WILD

    GEORGE W. BUSH STUNS WORLD WITH CHOICE OF WHITE HOUSE INSIDER Harriet Miers to replace Sandra Day O’Connor on Supreme Court. [story]The president will then visit the Supreme Court for the investiture of John G. Roberts, Jr., as chief

  2. Round 2 O’Connor’s Replacement.

    It is official. Bush has picked Harriet Miers. The official announcement will be at 8:05, will keep you informed. She is the president’s top councel. She was previously Bush’s Deputy Chief of Staff.
    Miers, a Texas native, studied at So…

  3. Bush Blows It

    President Bush has nominated White House counsel Harriet Miers to replace Sandra Day O’Connor on the Supreme Court. Bush made an excellent choice with Chief Justice Roberts. With this choice, he utterly blew it.
    Miers is first and foremost unqua…

  4. And Now For The Big Question

    Will she help steer the S.C. to the right, or will she be a “moderate” like S.D.O’C.
    Unfortunately, we just don’t know yet. There’s precious little information out there to judge from, which is precisely why this ough…

  5. Harriet Who?

    Yawn. Or, rather, you’ve got to be kidding me. Charitable read: Don’t ever say that Bush doesn’t believe in affirmative action. Uncharitable read: Another crony gets elevated beyond her demonstrated level of competence. Ed is disappointed, too.

  6. Early Reaction to Meirs Negative

    President has done himself a disservice in nominating White House counsel Harriet Miers to replacr Justice O’Connor. Already the charge of cronyism has allready been raised, even by Nina Totenberg in her running NPR commentary. I don’t much about counsel

  7. LAW: It’s Miers

    So, President Bush has chosen White House Counsel Harriet Miers for the next Supreme Court opening. First of all, a hat tip to David Frum; as I noted back in July, Frum was the first to float Miers’ name as…

  8. Harriet Miers nominated for Supreme Court

    If there’s one thing we know about President Bush it’s that he places a very high value on trust and personal loyalty up to and beyond a fault. Today Mr. Bush nominated White House counsel Harriet Miers for the Supreme Court of the United…

  9. Bush Picks Stealth Candidate for the Supreme Court

    President Bush has chosen Harriet Miers, White House counsel and a loyal member of the president’s inner circle, to replace retiring Justice Sandra Day O’Connor on the Supreme Court, a senior administration official said Monday. Amid numerous well qual…

  10. Bush’s Supreme Court Pick

    President Bush has chosen Harriet Miers, White House counsel and a loyal member of the president’s inner circle, to replace retiring Justice Sandra Day O’Connor on the Supreme Court, a senior administration official said Monday. Miers is already off to…

  11. My Inner Joe Biden

    Bush picks White House aide for Supreme Court
    So, it’s Harriet Miers for the Supreme Court. Captain Ed and Powerline are both “disappointed.” I’ll take those two to represent conservative opinion.
    I’m not disappointed….

  12. Less Than Enthused

    Wow! John Hawkins over at Right Wing News, who is usually a pretty staunch defender of all things Bush and Republican, is, shall we say, less than enthusiastic about the Miers pick. George Bush's decision to appoint Harriet Miers to the Supreme Co…

  13. Harriet Miers: Supreme Court Nominee

    THE BIGGEST news of the day…
    AP reports: “President Bush on Monday nominated White House counsel Harriet Miers to replace retiring Justice Sandra Day O’Connor on the Supreme Court, reaching into his loyal inner circle for another pi…

  14. Harriett Miers Is The Nominee

    Good grief. As savvy as the John Roberts pick was, this one is the opposite. Harriett Miers is the best the President could do? President Bush named White House Counsel Harriet Miers, 60, to be associate justice of the U.S. Supreme Court today.
    Mi…

  15. Right not happy with Miers pick

    Captain Ed:
    All that being said, I find this pick mystifying. Miers just turned 60 years old, not exactly ready to retire but potentially giving up at least a decade for the Bush legacy on the Supreme Court. Other women with judicial experience and/o…

  16. Harriet Who?

    As you well know, President Bush announced White House Counsel Harriet Miers this morning as his selection to replace Associate Justice Sandra Day O’Connor. The reaction to this candidate in the early Monday hours has been nothing more than dismal. I…

  17. SCOTUS Nominee Harriet Miers

    President Bush nominated Harriet Miers to replace Justice O’Connor this morning and politicos on both sides are scrambling. Worrying Conservatives: Harry Reid likes her and suggested her name. That’s almost enough to be a kiss of death for conservative…

  18. President Bush Chooses Miers for Supreme Court

    Well, President Bush has indeed picked Miers. The problem isn’t that he didn’t pick someone like Thomas or Scalia (he very well may have). The problem is we don’t know yet and won’t know until she starts making decisions on the court (assuming she ge…

  19. AN ARROGANT CHOICE

    There has always been a fine line in the President’s personality between confidence and arrogance. I’ve pointed this out on more than one occasion, especially when it has come to the way the Administration has conducted some aspects the wa…

  20. Bio on Miers-Pretty Good Record

    ABC News has compiled some background on Harriet Miers. While she has never been a judge she has a good conservative background and has promised to uphold the Constitution as the founded fathers intended…

  21. Bush Picks Harriet Miers, Drudge Says SHE’S A Dem!

    Harriet Miers gave cash contribution to the Democratic National Committee in 1988 and Gore campaign — while Bush dad was running for president!… On a conference call this morning, former RNC Chairman Ed Gillespie admitted Miers was democrat throug…

  22. Roll over and play liberal

    Bush knows her, I don’t. She may be a wonderful person. She may be able to utilize her She may turn out to be another justice in the mold of Scalia.
    And monkeys might fly out of my butt.
    I think I’m pretty safe here. But I’ll keep the Preparati…

  23. Consigliere Harriet Miers

    Ed Morrissey @ Captain’s Quarters: “…it doesn’t appear that this is a trial balloon or a dodge for a different candidate” Michelle Malkin : “….she’s so transparently a crony / “diversity” pick while so many other vastly more qualified and impressiv…

  24. Harriet Miers: The Katrina Nominee

    A friend asked me if Bush would betray the conservative movement with his next SCOTUS nominee. My response was, “I think he’ll do the right thing.” I’m eating my words a bit this morning.
    Harriet Miers seems to be well quali…

  25. Harriet Miers Watch: Message to the White House From the RIGHT – NEGATIVE

    White House counsel and Supreme Court nominee Harriet Miers stands with Senate Minority Leader Harry Reid at the U.S. Capitol, Monday, Oct. 3, 2005, in Washington after President Bush nominated Miers to replace retiring Justice Sandra Day O’Conn…

  26. A non-entity undeservedly elevated beyond the anonymity she so richly merits.

    A complete mediocrity. A true victory for cronyism, gutlessness and stupidity; first Michael Brown at FEMA, then Julie Myers at Homeland Security and now this complete and utter waste of a unique opportunity. And the rave reviews are ALREADY pouring

  27. Harriet who?

    Once again, I am not sure what to think about Bush’s Supreme Court nominee. I had the same ambivalence when Roberts was initially nominated, and although I don’t think he was ready to be Chief Justice, things could have been…

  28. The positive side of cronyism?

    I don’t know a damn thing about Harriet Miers aside from the obvious stuff noted by NPR and other major news outlets, but I know this: when conservatives threaten to filibuster their president’s Supreme Court pick, you can’t help but…

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