POSTREL ON MIERS

I’m pretty close to persuaded that Miers should not be confirmed because of her lack of basic competence or even interest in the field. Virginia makes a very strong case. I still think Miers deserves a hearing before final judgment, though. But two things: I see no reason why president Bush should have some “face-saving” option. He should withdraw the nomination or let the Senate decide. And if the Senate does get to decide, they need to address the recusal issue. Miers has been so intimately involved in certain issues – the legalization of torture, for example – that she must be asked if she will recuse herself from any related case. We have a right to know what topics she dealt with, even though we may forgo an attempt to find out details. We need a clear list of areas where she will recuse herself in the future. That list may help explain why she was nominated in the first place.