Why I'm Very Disappointed in Bush's Choice of Harriet Miers.

Count me among those Conservatives who are very disappointed in President Bush's choice of Harriet Miers to replace Justice O'Connor on the United States Supreme Court.

What is the evidence of her excellence as a legal mind? Really, that's what I wanted to see in the next Justice. John Roberts seems clearly brilliant, and very well qualified for his position. He also happens to be quite young (50-ish), and has the potential to leave a significant mark on the Court for years to come.

Do we know how he'll rule? Of course not. While I hope he'll be a Conservative in the mold of a Scalia, I'd be quite pleased with another Rehnquist if that's how he turns out.

But why is Scalia my model? He's a thinker. A scholar. A true intellect. He has the utmost faith in the system created under our Constitution, including it's built-in mechanisms for "fixing" results that the people don't like. If political hot-button issues are decided in the legislative arena, the people can voice their opinion by contacting their representatives and by their vote on election day. No such relief is possible with unelected lawmakers sitting as Justices.

Will Miers vote the "way I want?" Perhaps. But, Bush has an opportunity to renew/begin a national conversation about the role of the judiciary in our society. I believe most Americans want a limited role for the courts. Of course they are a co-equal branch of government, but where their branch works should not interfare with the other equal branches: legislative and executive.

I haven't seen anything that tells me that Miers is exceptional enough to make the Conservative judicial case. The case is there, it is waiting, and it can be won--as I think it's the one most of us would choose, if told the options. I don't have any reason to see her demonstrating the correctness of this view. Scalia can persuade if he is given the chance. He certainly can hold his own (at least) in any debate of legal scholarship. Can Miers? I hope but I doubt.

I have enjoyed the posts at the National Review site, their Corner and Bench Memos blogs as well. Check out the link on the right side of my blog if you're interested.