Harriet Miers has withdrawn her nomination. She cited the requests from several US Senators for documents that would have revealed advice she had given the President and which the White House (rightly, I believe) would not release.
This, by the way was a huge out provided for by, among others, Senator Sam Brownback who is smart enough to know that the President would not, and could not, release those documents.
I’m of a mixed mind on the withdrawal. On the one hand, I’m glad to see that Miers will not become a Supreme Court Justice. Although I do not doubt her goodness and her ability as a lawyer, I didn’t believe that she possessed the judicial philosophy required to be the kind of justice any self-respecting conservative could want on the bench. More, I believed that she would be every bit as activist a judge and make who sit there now, except that her activisim might have benefited the right more than the left. Activism from a judge, on either side, is a bad thing.
On the other hand, though, I’m not happy that there actually had to be a withdrawal. I don’t think it was good for the President or for Ms. Miers to have to go through what they’ve gone though the past few weeks. I firmly believe that both Bush and Miers are good people, with only the best motivations. They made a horrible decisions and took a lot of body-blows for it. Sure, they deserved most of the criticism they got, but they never should have been in that position in the first place.
I sincerely hope the President nominates someone better suited for the Court. I have the sneaking suspicion, though, that even if we don’t get another Miers, we won’t be getting another Scalia or Thomas, either. The President has shown that he wants someone who thinks like him on the Court and he’s nothing if not determined. I could be wrong, but I’d bet on someone similar to Miers, though with a heftier record.