President Bush on Monday nominated White House counsel Harriet Miers to replace retiring Justice Sandra Day O'Connor on the Supreme Court, reaching into his loyal inner circle for a pick that could reshape the nation's judiciary for years to come.This pick is similar in one way to the way Dick Cheney became the vice presidential pick in 2000. Back then Cheney was in charge of vetting possible VP candidates and Bush ended up choosing him. This time Miers was in charge of vetting Supreme Court candidates and Bush ended up picking her.
"She has devoted her life to the rule of law and the cause of justice," Bush said, announcing his choice from the Oval Office with Miers at his side. "She will be an outstanding addition to the Supreme Court of the United States."
If confirmed by the Republican-controlled Senate, Miers, 60, would join Justice Ruth Bader Ginsburg as the second woman on the nation's highest court and the third to serve there. Miers, who has never been a judge, was the first woman to serve as president of the Texas State Bar and the Dallas Bar Association.
I'm a little surprised that Bush chose someone her age. At 60 she'll likely serve many fewer years on the court than Chief Justice Roberts who was elevated to the court at age 50. Choosing a younger candidate would have extended Bush's influence over the high court.
Miers has never served as a judge, which means she doesn't have a paper trail of court decisions that the Dems can dissect and parse. This will likely make her nomination process a little smoother, though I still expect a fight from the usual sources (see Schumer, Chuckie). I am a little nervous to hear that Sen. Harry Reid was encouraging Bush to consider Miers. I wonder what he knows that I don't about her views on key issues.
Hopefully she can get through the nomination process and be confirmed before Congress breaks for Thanksgiving.
Meanwhile the Supreme Court kicks off its new term today and Chief Justice John Roberts will take the helm.
UPDATE: Conservatives are not too excited. See Bench Memos for the latest reactions.
UPDATE II: More thoughts on the nomination from me.
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