The Miers hearings are going to be key. And I’d say there are a couple of possibilities. The first is that she’ll be revealed in some fashion or other as completely unprepared or unqualified for her proposed job. Specter or Leahy or Biden may get a moment when she is revealed as simply too small for the shoes she is trying to fill. But she’s a very smart woman, from all accounts, and she will be trained well. The second and, to my mind, likelier possibility is that she’ll come off as Ross Perot in a Talbots dress. She’ll be direct, folksy, and the Senatorial inquisition will rally the public to her side. A little lady from Texas versus hair-transplanted blowhard from Delaware? No contest. Bush will play the populist card, while playing the evangelical card to the base beyond his base. “See,” he’ll say. “She’s just what I said and all you pointy-headed neocon intellectuals don’t run the country. I do.” It would not be hard for her to exceed expectations at this point; and every comment I have ever heard about her from within the White House is tinged with a mixture of fear and wonder. There is something we don’t yet know about Miers – and it’s what she’s actually like as a person on television. That could well alter the dynamic of everything.
WHAT IT SAYS: Of course, assuming that this tactic works, and I’m just hypothesizing, it says something less about conservatism or Miers or the Senate, than about Bush. In the matter of the Supreme Court, Bush’s fundamental motives are sticking a finger in the eye of his intellectual supporters, and keeping a crony so close to him that his executive running of the war on terror will never be subject to real Congressional oversight. (Miers is insurance for the executive-branch-worshipping Roberts). Kitty Kelley notes how this president has sealed off from the public decades of presidential data that are vitally important to making democracy work. But this president is and always has been as much a dauphin as a president. He’s responsible for a dynasty as much as a democracy. Miers is the dynasty’s constitutional guardian – as well as potentially a minimalist Justice, in line with Roberts. No other candidate could fulfill both roles. Bush, in other words, is treating the Court as a means for personal protection and dynastic noblesse oblige. The question is simply whether the GOP wants to become the vehicle for a crony-ridden aristocracy or something more transparent and meritocratic. I know which GOP I prefer. But those days keep receding further and further into the past.