Family members who are usually perplexed by my indifference to current events are amused by how addicted I have become to coverage of the Miers controversy. Floods and earthquakes? Heartbreaking, certainly, but not obsessively interesting. Bad Supreme Court nomination? Fascinating.
Two thoughts on the Miers meltdown:
1) This nomination does not ‘divide the right’. Left leaning commentators are thrilled that the Miers nomination has turned erstwhile supporters against the President. It follows, they think, that the right-of-center coalition is finally disintegrating, and they are eagerly seeking the fracture. (Noam Schieber, for example, gamely tries out Christian conservatives vs. conservative intellectuals, but must rely almost exclusively on Dobson, who is already backpeddling, as evidence of Christian support.)
These scribner’s efforts will fail because the right is not divided. With the exception of the president himself and perhaps Andrew Card, no one thinks that this nomination was a good idea. Leonard Leo and Ed Gillespe have jobs with the White House, so their comments cannot be considered as reflective of their personal views. Of course, there is also the feckless James Dobson, whose endorsement of Miers on the basis of claimed secret information is doing far more harm than good to her nomination.
The coalition has not been this united in a long time. Conservative media elites, conservative legal academics, libertarians, neo-conservatives, paleo-conservatives, Christian conservatives and wing-nuts all agree that Miers was a bad-to-awful choice for the Supreme Court.
2) Objections to Miers are not credentialist. Miers’ few and largely paid defenders attempt to boil criticism down to her lack of this or that specific credential, and then claim that opponents are shallow elitists for insisting on said credential. Leading candidates are her indistinguished alma mater and lack of judicial experience.
Defenders then point to Miers’ significant professional achievements as evidence that she is an outstanding attorney. For example, she was managing partner of a 400 person Dallas law firm. She was President of the Texas State Bar Association and almost head of the ABA. Finally, she was White House counsel. How can anyone claim that Miers is unqualified in light of such a distinguished record?
This argument rebuts only a grave mischaracterization of the opposition to Miers. Clearly Miers is an unusually accomplished lawyer. But there are different ways to be a great lawyer. Some lawyers are great negotiators, cooperators and rain-makers. Others are exceptional legal minds. Everything about Miers’ record suggests that she is the former type of great lawyer. The Supreme Court needs the latter type.