October 4, 2005

THE NEW EDITOR, referencing my first reaction on Miers, says that it is “underwhelmed” with the blogosphere’s response to the nomination. It’s hard to see why. Things were quite different when Roberts was nominated, and the blogosphere hasn’t changed significantly in those few weeks. The difference in the reaction has to do with the nominee.

Bush raised the bar with Roberts, and then, having set the stage brilliantly for a McConnell, gave us a non-McConnell. Miers might turn out to be a great Justice, of course, but at the moment there’s absolutely no reason to expect that. Hope, maybe, but not expect. This isn’t the blogosphere’s fault, but the Administration’s.

UPDATE: Bill Stuntz thinks that Bush is channeling Truman.

ANOTHER UPDATE: Robert Musil is comparing Miers to Byron White and Robert Jackson. I find these comparisons less than fully convincing.

MORE: A somewhat more persuasive defense from Thomas Lifson. But the Bush Administration should have seen this reception coming. Perhaps it did, and for whatever reason didn’t care.

STILL MORE: A response to Lifson, from Paul Mirengoff.

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