October 24, 2005
My, oh my, oh Miers ... Is she done?
Reacting only to what is going on inside the blogosphere, I now think Harriet Miers won't make it to her confirmation hearings in two weeks. Over at Confirm Them there is this report that "very quietly, certain third parties have begun going back through the list of potential judicial nominees at the behest of the White House." Meanwhile, Ann Althouse in this post astutely reads between the lines of President Bush's comments at this morning's press conference to identify a developing Miers' exit strategy. Also there are now two major anti-Miers website up and running: Americans for Better Justice and WithdrawMiers.org. Throw in this potent piece by John Fund, coming on the heels of George Will's piece yesterday, and you can almost feel an anti-Miers perfect storm brewing.
Of course, my view may be jaundiced by being inside the blogosphere — which I often worry is a bit like being inside the beltway, with lots of thoughtful chatter from many informed sources that may only give the illusion of presenting broad perspectives. Nevertheless, I think the Miers' nomination has now crossed an uncertainty threshold so that my discussions of the SCOTUS future will now speak of "whomever replaces Justice O'Connor" rather than "a potential Justice Miers." And crossing this threshold prompts me to again note some prior posts about Miers and what Justice O'Connor's replacement might mean for sentencing jurisprudence:
- The best(?) argument in support of Harriet Miers
- Will the next SCOTUS nominee have any criminal law background?
- Does SCOTUS need a trial judge?
- Great insights on SCOTUS and criminal justice
- Roberts, the cert pool, and sentencing jurisprudence
- Brave New Justice and sentencing issues
- The impact of SCOTUS's heightened scrutiny in capital cases
October 24, 2005 at 02:11 PM | Permalink
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» Berman: Miers "Won't Make it to Her Hearings" from ACSBlog: The Blog of the American Constitution Society
Prof. Doug Berman at the Sentencing Law and Policy Blog reads the blogosphere tea leaves of the last few days along with some comments from President Bush this morning and predicts that the nominee "won't make it to her confirmation... [Read More]
Tracked on Oct 24, 2005 3:01:50 PM