Harriet Miers is the Presidents pick to replace Justice Sandra Day OConnor. I do not know Ms. Miers. Few people do. She has no judicial record. Nothing in her background to demonstrate that she has a thorough understanding of the principles of the Constitution. Nothing, in short, to demonstrate that the President has fulfilled his campaign pledge to nominate people like Justices Scalia and Thomas who understand that the role of the courts is to interpret, not make, the law.
The President is therefore asking his conservative base to accept his judgment as an article of faith, and there is little doubt that she will be confirmed. Maybe Harriet Miers will prove in the fullness of time that faith to be well-founded. Maybe she will instead prove to be another David Souter. But whatever proves to be true, one thing is certain. By nominating a blank slate, the President has missed an opportunity to drive home in the political arena envisioned by the Constitution what has been wrong with the view, adopted by the Court over the past generation, that it is for the courts to decide all political controversies for us. "Trust me. Harriet Miers will vote the right way" is no answer to that problem, and it is a much more serious threat to our constitutional system of government than any particular decision.