As public criticism of President Bush's nomination of Harriet Miers for Supreme Court justice reaches new heights, he is reasserting his unwavering confidence in his nominee. At the same time, Bush refused requests from a number of senators to view documents detailing Miers' advice to the president during her time as White House counsel. His refusal to make needed concessions and offer Congress more information strikes a new blow to the president's nomination. Although The Post has no hard-line stance on the Miers nomination in general, Bush's best option at this point is probably to recognize the political weaknesses of the nomination and replace her with an alternative candidate.
The Miers nomination was criticized in many circles from the start. The most prominent complaint is that she was never a judge. Although this is not without precedent - former Chief Justice William Rehnquist also was not a judge prior to his nomination - it does leave the public with few clues to the details of her judicial philosophy. It was this sort of information the Senate hoped to divulge by reviewing documents of her counsel but to no avail. Bush seems content to generalize the qualifications of his nominee without offering the Senate and the public the more important details they deserve. It would be surprising if this pattern of equivocation and confidentiality is successful in carrying Miers to a confirmation when her hearings begin.
The president's latest nomination lacks much of the suitability of his first. Chief Justice Roberts' nomination was approved by the majority of Republicans and at least tolerated by many Democrats. This time, even Republicans have been critical as they are unsure about Miers' judicial leanings. Judiciary Committee member Sen. Charles Schumer, D-NY, told the New York Times that if a vote took place now it would fail to garner Miers a majority either within the 18-member committee or the full Senate. Unless something drastic is achieved, Miers' nomination is clearly on a failing path.
President Bush's stubbornness regarding his nomination comes at a time when his approval rating is at an all-time low. With the ongoing challenges of war in Iraq and the federal government's missteps following Hurricane Katrina, this is a blunder the president could do without. Recognizing this now and naming a more suitable candidate could gain him some much needed political momentum. In the meantime, allowing this unpopular nomination to receive hearings is only further weakening his administration's public perception and isolating it from his own party. The best solution is to do what even many conservatives have suggested - replace Harriet Miers.
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Bush needs to pick better candidate
