Here's John Fund's take on the Miers' imbroglio:
I believe it is almost inevitable that Ms. Miers will withdraw or be defeated. Should that happen, it is important President Bush understand how it really happened. While he acted out of sincerity, the nomination was quickly perceived by many as merely a means to a desired end: getting another vote for his views on the court. While some conservatives backed her because they honestly believed she would rule independently with an understanding of the limited role of judges envisioned by the Founders, that message was drowned out by accusations of cronyism and mediocrity.
The president also was let down by seven senators in his own party who in May agreed to scuttle plans to end judicial filibusters blocking nominees from ever getting a vote. It wouldn't have been unreasonable for him to think the Senate wasn't in a position to confirm a nominee with a long paper trail.
But he may soon have a chance for a fresh start and no choice but to have a fight over substance. When Douglas Ginsburg asked to have his nomination to the Supreme Court pulled in 1987 after allegations he had used marijuana, Ronald Reagan won unanimous confirmation in a Democratic Senate for Anthony Kennedy, then a judge with a decade-long conservative track record on a federal appellate court. Similarly, Mr. Bush recovered quickly from losing Linda Chavez as his nominee for Labor Secretary and Mr. Kerik as Secretary of Homeland Security. The damage to his relations with his conservative base would blow over quickly if Mr. Bush were to quickly name a well-qualified nominee who was not a sphinx when it came to judicial philosophy. Perhaps this time he might even expand the talent pool to include--gasp--men.
Pace Mr. Fund We have a somewhat different take on Ms Miers' prospects. If she doesn't withdraw, her persistence will set the stage for some novel political irony. She will be broadly disliked for quite different reasons by both Democrats and Republicans, but most of them will reluctantly feel compelled to vote to confirm her. Miers will likely be given a pass by many Democrats who will give her every benefit of the doubt since she's probably the best nominee, from their point of view, they can hope to see. If she's rejected, whoever comes after her is going to be far stronger, more ideologically conservative, and much more impressive than she, and far more difficult to oppose.
Republicans, for their part, will be unenthusiastic about Miers but also reluctant to vote against their president's pick, and indeed most of the current opposition to her is coming from columnists and bloggers, not senators.
Unless she's a disaster in the hearings, which she may be, Ms Miers will probably be confirmed by a comfortable margin, unless defections by Republicans, unlikely as they are, bring her down. In other words, nobody in the Senate will want her as a SCOTUS justice, but almost everyone in the Senate will feel constrained to vote for her.
