This is a long post, because it was composed on the long flight back from Italy where my wife and I spent a week of vacation.
Much to my wife’s dismay, I have been thinking about (at length) and occasionally writing about (in brief bursts) the nomination of Harriet Miers. I am convinced that this is a huge moment not just for the president, Ms Miers and SCOTUS, but also for the GOP and consequently the country. If you believe, as I do, that the country’s safety cannot be attended to by Democratic presidents or majorities in the Congress ‘”not by design, but by sheer incompetence and fecklessness– then any political event with the capacity to significantly degrade the political strength of the president or the Congressional majorities has to be thought through very carefully indeed.
I fully understand the risks of a new SCOTUS justice who reaches the wrong decisions, or even the right decisions by the wrong path expressed in opinions that live on to influence and/or bind future judges. I have written about that at length in previous books, in articles and on this blog, and of course I teach ConLaw and have for a decade to smart students who have to pass Bar Exams that test the subject frequently. The ‘hapless toad’