The argument that conservatives should reject Miers because she doesn't seem to be the right kind of conservative, and may not be a conservative at all, seems problematic as well. For the past four years, conservatives have argued that ideology does not constituteI think this is correct. Conservatives have argued for years that ideology should not be used to decide if a nominee should be confirmed. That was the whole litmus test that Schumer wanted to have put into place for nominees and conservatives were up in arms over that idea.
a proper basis for voting against a president's qualified nominees. We have deplored Democrats who voted against qualified mainstream conservatives. We would have become apoplectic had Sen. Arlen Specter not supported a conservative nominated by his party's president. On what principled basis, then, can conservatives now vote down a nominee who is either a moderate or, more likely, some sort of a conservative? Miers plainly is not "outside the mainstream."
Besides, is there some GOP senator out there who voted for Ruth Bader Ginsburg or Stephen Breyer and would now vote against a nominee by a president of their own party? I realize that there has been some turnover since those nominees went through, but if Republican senators are going to start voting someone down because they cannot determine her ideology and see if she's conservative enough, they'll be opening a very vile can of worms. Bush still has plenty of judicial nominations in his future for the district and circuit courts. I'm waiting to see whom he nominates to replace Robert's seat on the First Circuit. Do Republicans really want to open the door for those nominees to be voted down simply based on ideology. Of course, there are Democrats who will do that anyway, but do we really want to hand them that weapon on a platter gift-wrapped by the example of GOP senators voting against Harriet Miers based on her not being conservative enough.
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