ConfirmThem

By carney Posted in SCOTUS — Comments () / Email this page » / Leave a comment »

Can a woman with unformed views on the Constitution and the idea of rights be trusted to restrain the court once she gets there? The Wall Street Journal's R & O today is a must-read:

And yet the fact remains that on the major legal debates of her time, Ms. Miers has remained largely silent. Perhaps this is because she hasn’t had the public opportunity to express her views, but a rational worry is that she doesn’t have well-developed opinions about the reach into state prerogatives of the Commerce Clause, the separation of powers, the First Amendment’s Establishment Clause, the breadth of the right to privacy, and so on. The lesson of other Republican nominees without such fixed views–Harry Blackmun, Mr. Souter, Anthony Kennedy–is that they always drift to the left once they get on the Court.