Paul Mirengoff at the Weekly Standard makes the case for confirming Harriet Miers:
Two questions control the confirmation issue: Is Miers qualified and should she be rejected on ideological grounds? At this juncture, neither question strikes me as very close. Miers has achieved just about everything a lawyer can accomplish--head of a substantial law firm, head of the state bar association, and top legal adviser to the president. She also has a background in local politics. Only by insisting that a Supreme Court nominee possess either judicial experience or a portfolio of scholarly writings can one pronounce Miers unqualified. But this has never been the standard, and it's not clear why (ideological considerations aside) Republicans should invent a new standard with which to deal a blow to a Republican president.
On the merits, moreover, judicial experience or legal scholarship should not be a requirement for the Supreme Court Justice position. This background may well be highly desirable, and not just for purposes of intelligence gathering about a nominee. Yet some knowledgeable commentators think it's highly desirable for some justices to possess a more practical, less rarified background. Reasonable minds can differ, which suggests that the president should have the option of appointing outstanding lawyers with no judicial or scholarly experience.
The argument that conservatives should reject Miers because she doesn't seem to be the right kind of conservative, and may not be a conservative at all, seems problematic as well. For the past four years, conservatives have argued that ideology does not constitute a proper basis for voting against a president's qualified nominees. We have deplored Democrats who voted against qualified mainstream conservatives. We would have become apoplectic had Sen. Arlen Specter not supported a conservative nominated by his party's president. On what principled basis, then, can conservatives now vote down a nominee who is either a moderate or, more likely, some sort of a conservative? Miers plainly is not "outside the mainstream."
In the case of Harriet Miers, ... we are talking about someone who might be another O'Connor but is just as likely to vote with Scalia in the vast majority of big cases. In this situation, it seems imprudent to blow up the confirmation process---and possibly the Bush presidency and the Republican party--to block her nomination. Thus, conservative senators should be prepared, barring new and damning information, to vote in favor of Miers. The rest of us should be prepared to hold our breath until we start seeing what she writes.
We agree. If Miers turns out to align consistently with Scalia and Thomas on the big cases then whether she's the finest constitutional scholar available becomes less important. After all, Republican presidents have given us a lot of highly intellectual justices who waltzed to the left once they were seated on the Court. Earl Warren, Harry Blackmun, Anthony Kennedy, and David Souter come to mind. Given a choice between a fine legal scholar and a reliably conservative (i.e. originalist) vote we'll happily take the latter.
Sadly, though, we could have had both.
