Zywicki on Miers

I know nothing about Bush Supreme Court nominee Harriett Miers other than she adds yet another possible way for people to misspell my last name.  Todd Zwycki at Volokh has this take, and it doesn't sound too good:

These appointments thus seem to confirm a common criticism of this
President--that he is uninterested in ideas and interested only in
power. While they may both turn out to be perfectly fine Justices, both
Roberts and Miers appear to be both uninspired and uninspiring in terms
of providing intellectual leadership on the Court. The Administration
seems to be narrowly obsessed with winning minor tactical victories
(here, an easy confirmation of a stealth candidate) while consistently
failing to follow-through with meaningful long-term strategic victories
(an opportunity to change the legal culture).

In the end, of course, the lack of a strategic vision means that
even the tactical victories tend to be reversed (for instance,
temporary tax cuts will likely fall victim to the inability to control
spending). As Reagan understood, you have to first have the long-term
strategic vision in mind so that you know when to make tactical
compromises. Ideas are the long-run motivating force of history.
Tactics without strategy, by contrast, leaves you rudderless.

Beyond his evaluation of Miers, I really like his assessment of Bush, which strikes me as dead-on.  I still think Janice Rogers Brown was the choice.

Update:  Apparently, she was on the Dallas City Council when I lived there in the early 90's, but I sure don't remember having heard of her.  And how serious a candidate can anyone be for the Supreme Court if they were on a freaking city council a decade ago -- can you see any of your city council members on the Supreme Court in 10 years?  And by the way, what are the odds that Bush's personal friend and lawyer will do anything to reign in the new powers to suspend habeas corpus that the administration has granted itself.

  • Bush apologists of a libertarian bent can take some comfort from the fact that the only reason most of us have ever heard of JRB is that it was Bush who put her on the DC Circuit.

    Not a lot of comfort, granted...but barring the USSC, the DC Circuit is the best place to put a liberty-loving judge.