I've noticed an interesting irony in the conservative backlash against the Miers nomination. Many of them are upset because they just don't know where Miers stands on issues like abortion, affirmative action, gay rights, and so forth. But weren't they telling us a few weeks ago that not only do those stands not matter, but it's outrageous to even ask a nominee about them? Weren't they telling us with Roberts that the only thing that matters is that he's smart, knowledgable, loyal, thrifty and brave? In fact, weren't they telling us that they didn't have any "litmus tests", that those are only for liberals and not conservatives who just want someone who will "interpret the constitution, not legislate from the bench"? Here again folks, a perfect example of why you should never take simplistic partisan rhetoric seriously in this area. It just doesn't mean anything.
Confirmation Contradictions
It's kind of fun watching the right disagreeing over the nomination of Harriet Miers. It's even more fun watching them continue to scream about the left while doing so.
The White House is clearly in scramble mode trying to get religious right leaders on board with the MIers nomination, so much so that they have sent envoys to meet with the leaders of various organizations in groups to attempt to calm their fears and get them on board.
Tom Goldstein, partner in one of the top appellate practices in DC and an astute observer of such matters, writes on the SCOTUSblog that Miers is likely to face serious opposition. In fact, he predicts she will be hammered in the confirmation hearings and be rejected:
In all the brouhaha over James Dobson being given secret information, I have maintained all along that James Dobson is lying.
Game, set and match to Mister Brayton.
Or, word to yo' mama.