I have to say that I'm a little scared of what's going to come next. While I don't think Harriet Miers was a good nominee (to put it mildly), Bush will now be under tremendous pressure to appoint a raving rightist to the bench. And although the Republicans will pay a long-term political price if he does so, in the short term they will seek to approve this ideologue-nominee, and if they do (I'm not sure how the politics of a filibuster would play out) that will be awful.

In the end, the collapse of this mediocrity could take what's left of the political center with it.

I was able to obtain the REAL letter Harriet Miers sent to George Bush withdrawing her nomination. It is with pride that I present it here:

Oct. 27, 2005

Dear Mr. President (I still love saying that!):

I write to withdraw as a nominee to serve as an Associate Justice on the Supreme Court of the United States. It was super-cool of you (really!!), and I have been greatly honored and humbled by the confidence that you have shown in me � now and always. I have appreciated immensely your support and the support of many others, although I can�t think of names right now � come to think of it, you�re the only guy who�s ever believed in me. (Does Pickles know how lucky a gal she is? God, to think�) However, I am concerned that the confirmation process presents a burden for the White House and our staff that is not in the best interest of the country (wink-wink).

As you know, those mean members of the Senate have indicated their intention to seek documents about my service in the White House in order to judge whether to support me. Can you believe that? How dare they think they can just, you know, ask questions about me � about you and me? You really should do something about this � not that I�m telling you what to do (heaven�s no!) I have been informed repeatedly that in lieu of records, I would be expected to testify about my service in the White House to demonstrate my experience and judicial philosophy. As you know, I don�t like public speaking, at least when it involves other people. While I believe that my lengthy career provides sufficient evidence for consideration of my nomination, I am convinced the efforts to obtain Executive Branch materials and information will continue, because they�re mean, those senators. Mean, mean men, not like you (you�re still the coolest!!).

As I stated in my acceptance remarks in the Oval Office (what a neat-o place!), the strength and independence of our three branches of government are critical to the continued success of this great Nation. Repeatedly in the course of the process of confirmation for nominees for other positions, I have steadfastly maintained that the independence of the Executive Branch be preserved and its confidential documents and information not be released to further a confirmation process. (I had help writing that last sentence, just thought you should know.) I feel compelled to adhere to this position, especially related to my own nomination. Protection of the prerogatives of the Executive Branch and continued pursuit of my confirmation are in tension. What that means is, this really, really sucks the high hard one (not in a Clinton way; and he�s not cool like you!!) I have decided that seeking my confirmation should yield.

I share your commitment to appointing judges with a conservative judicial philosophy (wink-wink, goodbye Roe-Wade), and I look forward to continuing to support your efforts to provide the American people judges who will interpret the law, not make it (double-secret wink-wink). I am most grateful for the opportunity to have served your Administration and this country.

Xxooxxooxxooxxoo,

Harriet Ellan Miers (Snuggles to you!!!)

Was the Miers nomination legit from the beginning?

Recall that after the Bork debacle Reagan nominated a guy named Ginzberg(sp?), a non-entity about as qualified as Miers. When that started to become controversial also, lo and behold it was discoverd that the guy had smoked pot as a college law professor and the nomination was withdrawn. Reagan then selected a moderate, Arthur Kennedy. Everyone was so tired of the fighting by then he was quickly confirmed.

Or was it more cynical than that. Did Rove, er, Bush, select Miers for the same reason that Thomas was selected: to be a clone of Scalia? Did they intend to use the Br'er Rabbit ploy, with the Right making play acting objections hoping that that the left would figure anyone the Right hated that much can't be all bad, but it backfired? Was the Right maybe not able to decipher the secret handshakes, body language and code words, or perhaps too distrustful?

Its hard to be optimistic about this failure, the democrats don't have the backbone to resist a tough fight with a qualified conservative, which might be just what the president needs to energize his base and reclaim his mojo. Does anyone really think the "conservative revolt" will continue if Bush nominates someone they like? all this harsh criticism from the right will dissolve into silence or congradulation.

Is it possible for O'Connor to rescind her resignation? She had made it effective as of confirmation of her successor.

Can't think of anything that would please me more, or upset the Bushies.

The simple political math here shows that it could be in Bush's best interests to nominate a well-qualified moderate.

First, Bush is likely pissed at the right. He doesn't like to lose and the right beat him here. Don't be so sure that he will cater to what they want.

Second, if he nominates a non-controversial moderate, he gets easy approval, assuming the Democrats don't oppose a well-qualified moderate (and there would be no reason to). With the 45 Democrats, there's easily 10 moderate enough Republicans, and Republicans ready to vote yea on a qualified nominee regardless of viewpoint.

Third, if he tries to satiate the reactionary right, he may well face a Democratic filibuster, and he's in no position politically to win that face off, and if there are indictments, his approval will drop even more. The best gift he could give the Democrats would be a radical zealot nominee that they can build public support against. Add to that, that Frist is in no position to win his nuclear option right now either, so if Bush puts a radical right winger up, he gets a Democratic filibuster and quite possibly another withdrawl. He can't afford that. He almost has to go with a well-qualified moderate.