Count me among the Conservatives who are less than thrilled with the nomination of Harriet Miers to the Supreme Court.

It's just not enough to hope she turns out alright. Conservatives have fought to correct the Leftward slide of the Supreme Court for more than thirty years. Now, when the opportunity arises to replace the unreliable Sandra Day O'Connor with a solid Conservative, a brilliant expert in the judicial field, an excellent Constitutional scholar and -- most important -- a serious originalist Justice... we get someone we have to hope will be a good pick? True, she might turn out to out-Scalia Scalia... but I object to the necessity of using the word "might" in that convoluted sentence.
I don't know Harriet Miers. I have no reason to object to her... but by the same token, I have no reason to support her, either – except for the President’s endorsement. As in the case of any nomination, support (or objection) should be based on two things -- the nominee's resume, and the nominee's record. In Meier's case, one seems thin, and the other non-existent.
What are her qualifications for the job? She's been a lawyer for many years, the first woman hired by her old law firm. She headed the Texas Lottery Commission, and was the President's personal attorney before becoming the White House counsel. She became very religious in her thirties, which reassures most Conservatives about her personal beliefs, at least. That's all fine, but it's not much to go on when choosing a Supreme Court Justice. Plenty of people have qualifications for the position that match or exceed those of Ms. Miers.
Take my sister, for example -- why wasn't she nominated to the Supreme Court? She's been a lawyer for many years (though she is much younger than Harriet Miers), with a law firm widely regarded as the most prestigious in several states. She was, I believe, the firm's youngest female partner. My sister has argued cases before almost every court and nearly every judge in her state, it seems, and knows the law like the back of her hand. She can quote statutes, cases and decisions over the dinner table, and argue both sides of any recent major case, from memory, over coffee and cake. Why was Harriet Miers nominated instead of my sister, or any of thousands of excellent lawyers in this country?
As remarkable as both my sister and Harriet Miers are, the United States Supreme Court is no place for the merely remarkable. Those who sit on the highest court in the land ought to be truly exceptional, giants in their field, the best of the best that America can produce. Their job is to protect our Constitutional rights from violation by lesser courts. It's a place for only the brightest intellects, the most incisive legal minds and the wisest men and women the President – any President -- can find.
I'm not worried about Harriet Miers becoming unmoored from her values and drifting Left, nor am I upset with the President for nominating someone whose values he feels comfortable with. Some have pointed out her affirmative answer to the question of whether gays should “enjoy the same civil rights as heterosexual” as evidence of her support for gay "marriage." Well, of course they should -- all Americans are guaranteed the same civil rights by the Constitution. Changing the definition of marriage to include gay "marriage," three-way "marriages" or "marriage" between adults and children has nothing to do with civil rights, however.
I'm mostly concerned that Harriet Miers will simply become eclipsed by the other members of the Supreme Court. Decisions written by members of the Court -- especially dissents -- are often considered masterpieces of judicial scholarship and persuasive argument. What papers has she written that will tell us how utterly brilliant she is? What arguments has she brought that convinced those in dead opposition to her position to change their minds?
This is no time for a cipher or an empty chair. This is the Supreme Court, not the "Pretty Good Court." A nominee to that bench should be the best there is, if he or she expects support from Conservatives -- as opposed to those who are merely being faithful to their political party, or too trusting of any politician. Blind trust has never worked well for Conservatives in the past. Seven of the nine current Supreme Court Justices were appointed by Republican Presidents, but only two of them have proven faithful to the Constitution as written – Justices Antonin Scalia and Clarence Thomas. Remember, the jury is still out on Chief Justice John Roberts, to borrow a phrase.
I'm glad that Harriet Miers "understands real people," as Senator John Cornyn (R-TX) put it in in his article for the Wall Street Journal editorial page. But what I want in a Supreme Court Justice is someone who understands the law and its relationship to the Constitution. I want a Justice who understands the relationship between the three branches of government as set out in the Constitution, and one who believes the Constitution is a rock -- not a blank slate upon which to write his or her own opinion. We deserve a Justice who is a brilliant legal scholar with the ability to argue his or her points using such logic, reason and factual command so as to change the opinions of even his or her staunchest opponents. A persuader, not just a "pit bull in size six shoes." If Harriet Miers cannot live up to those expectations, she should withdraw her nomination.
Of course, my sister is probably available for the post, if anyone asks.
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Joe Mariani is a computer consultant born and raised in New Jersey. He now lives in Pennsylvania, where the gun laws are less restrictive and taxes are lower. Joe always thought of himself as politically neutral until he saw how far left the left had really gone after 9/11. His essays and links to articles are available at http://www.guardianwatchblog.com/