I'm still trying to understand how this Miers nomination ever got beyond the Oval Office. Is Bush's disconnect with the conservatives that bad? Does he not understand that a Supreme Court judge does more than say aye or nay but must write complex defenses of their conclusions? At least he got out of this hole. Let's hope he doesn't jump into another one, like illegal alien amnesty so cleverly now called 'temporary worker program.' Watch out.

"Miers withdrawal as a victory for the radical right" is a product of the Democratic spin machine, faithfully repeated by its creatures in Congress (for example, Sen. Durbin on the Newshour last night). On the list of things that sank this nomination, concerns over Miers' views on the hot-button issues ranks about fourth -- after the unflattering comparison of her record in the law with that of John Roberts, her lack of writing, and the less than favorable impression she made on the Senators she met with personally.

Of course "the groups" are gearing up for a fight over this Court nomination. They want it as much or more than the conservative organizations that split on Miers but that would welcome a conservative nominee of something close to Roberts' stature. Too much fundraising and positioning has gone on using the Supreme Court as a hook for the groups to do anything else, especially after the humiliating Roberts episode, when even some Democratic Senators who normally repeat liberal talking points jumped ship and voted for a nominee no less conservative than anyone the President is likely to send up now.

This is not going to be a magical do-over. The next nominee will be viewed by each side of the aisle through the prism of how the opposition reacts. If Conservatives are satisfied the nominee will be filibustered. If Democrats dont shriek in rage, Conservatives will claim theyve been cheated again. Unless Bush/Rove have something else in their bag of tricks, the shooting war they were trying to avoid with Miers seems a self-fufilling prophecy at this point.

Does he not understand that a Supreme Court judge does more than say aye or nay but must write complex defenses of their conclusions?

I honestly don't think Bush does understand this. I've never bought the "Bush is dumb" claim, but he is profoundly unintellectual. He'd agree if you asked him whether a justice must write, etc., but he'd never advance it on his own as an important part of a justice's job.

It's remarkable how widely the "cave to the radical right" meme is being touted; it even predominated on Lehrer last night, though reality intruded occasionally when Mark Shields was not babbling. I fear the White House may buy into the idea that what it must do is serve up a candidate tailored for the far-right wing. Ultimately that's what matters most, not our analysis of what was really going on.

I honestly don't think Bush does understand this. I've never bought the "Bush is dumb" claim, but he is profoundly unintellectual. He'd agree if you asked him whether a justice must write, etc., but he'd never advance it on his own as an important part of a justice's job.

In other words, in this matter he's just like the average person on the street: they think that the important thing is how a justice votes, not what he or she writes.

As long as he or she votes to overturn Roe/Casey -- and regardless of the attempts to guess what she thinks, I'm sure Bush knows that she would -- then it doesn't matter whether the judge writes an opinion or whether that opinion makes sense.

The principle of a nominee must be given an up or
down vote is now dead. The Republicans destroyed
it themselves.

All Democrats have to do now if they don't like
the nominee is simply say person is unqualified,
no reason for an up or down vote, withdraw; Just
like Miers did.

Democrats also can demand documents like the Republicans
wanted in the Miers case. Republicans used that
tactic to help shoot down Miers. Double-edged
sword.

If done correctly, Democrats have a lot of power
here to stop any Bush nominee Democrats don't
like.

New game will be fun to play.

You are exactly right James. In about 2 weeks Republicans managed to do everything they have been castigating Democrats for doing over the last 5 years.

David:
Pretty much. Except I think Roe has never been as big a deal for Bush as it is for his social-conservative supporters. He's more concerned about preserving and expanding executive power; he wants judges and justices who will defer to that. There's a lot of evidence Roberts and Miers both fit that criterion.

The notion that the opposition was based on the lack of credentials is an insult to the intellegence of all of us who follow this.

This nomination was to be the culmination of a generation of struggle to establish conservative principles (ideology) on the high court. That is the explicit root cause of the disappointment-leading-to-anger of the right. The ideological fight was deeply desired, and the Miers nominaton forestalled that.
"No more Souters!!!" - that was/is the rallying cry. David Souter is not, by any stretch of the imagination, an incompetent or underqualified judge. His only failing is to not be a conservative ideologue. That is what was desired; the failure to appoint one was the driving force of the opposition.

Miers's lack of a Roberts-like resume was the opening that could be exploited to bring her down. But the motivation to bring her down was her lack of a proven record of hewing to conservative orthodoxy, especially on major issues such as affirmative action and feminism. With no proven record as an ideologue, the door was open to imagine her ruling on a pragmatic basis on other issues such as abortion.

You do your reputation great harm, Mr. Drezner, by trying to pretend otherwise.

I must be the only living lawyer who doesn't think that where you went to law school is more important than anything you do with the whole rest of your life. Does anyone doubt that if Miers had gone to Stanford like SOC she would have been confirmed by now?

y81- Yes, I doubt it. The concern with Miers, as I read it, was her rather pedestrian career in comparison to the number of other conservatives Bush could have nominated. Her alma mater had very little to do with it.