Miers Nomination

President Bush has announced that White House counsel Harriet Miers is his nominee to replace retiring Justice O’Connor. Miers has held several positions in the White House since 2000, being elevated to her current position last year.

My initial reaction to this nomination is definitely disappointment. Ms. Miers has spent virtually her entire career in private practice, though she was chairperson of the Texas Lottery Commission, and served two years as a Dallas City Council member. She has never served in the judiciary, and at the moment it does not appear that she has an extensive history of high-level appellate litigation experience.

The President has made it a habit to pick individuals with whom he has a close personal relationship for important positions (i.e. Dick Cheney for VP). This habit might work well for Cabinet positions, and political appointments where the President will be required to work closely with an agency. In those situations it is often necessary to have someone who is trustworthy and will help push the administration’s political position.

The Supreme Court is a different matter altogether. The Court is not meant to be a collection of trusted administration insiders who get together and make political decisions. While I believe the President has a right to pick someone whose beliefs are somewhat in line with his own, I don’t think that gives him the right to install his personal attorney as the next Supreme Court Justice.

Perhaps in the coming weeks my opinion will change, as more information is made available it may become clear that Ms. Miers has the legal qualifications for this position. However, on the heels of the Roberts confirmation, and with the number of appellate judges available, I can’t help but be disappointed by this nomination.