When David Souter was nominated by Bush pere, and we were assured (by John Sununu, among others) that he would be a conservative "home run," a red flag went off in my mind when I heard Souter say that one of his favorite justices was Oliver Wendell Holmes. This cant be a good sign, I thought.
Todays Washington Post reports that Harriet Miers told Sen. Leahy that one of her favorite justices from history is . . . Oliver Wendell Holmes. If true, this is not a good sign. (Ill hold out hope Leahy is making this up.) Holmes is the epitome of positivist, nihilist jurisprudence.
Souter received strong support from conservatives when he was nominated, and after the full debacle of his appointment became evident, I recall a number of conservative leaders saying that never again would they support an unknown stealth nominee.
Miers needs to pick a very public fight with liberalism in or before her confirmation hearings to reassure conservatives. I put the odds of this at less than 1 in 20.