ConfirmThem

By Irishlaw Posted in Uncategorized — Comments () / Email this page » / Leave a comment »

A few comments on this morning's posts, and Orin Kerr over at Volokh, are amused that "Confirm Them" is not, at the moment, enthusiastic about confirming Harriet Miers. (And all right, I admit I smiled at Kerr's suggested re-names for the site.)

But look at this site's statement of what we see to be at stake in the judicial nominations process, and just read the blog in general, and it should be clear that most of us signed on to this blog to support the nominations of qualified judges who had or have been obstructed in the Senate -- by Democrats and less-than-stalwart Republicans -- unfairly. That is, without regard to their strong credentials, but rather with regard to whether they are "out of the mainstream" (oppose Roe on constitutional grounds) or "extremists" (originalists). See, e.g., Bill Pryor, Janice Rogers Brown, Priscilla Owen, Miguel Estrada. If a nominee really isn't qualified, or really doesn't give reason to believe that she adheres to an originalist (restrained, prudent) judicial philosophy, then she shouldn't receive the strong support of those who care about the direction of the Court.

If it turns out Miers can give a great exposition of her judicial philosophy to the Judiciary Committee, great -- I'd love to see it. Her statement this morning hinted in the right direction. But having to rely on mere hints, at this point, represents a major disappointment in itself.