Whatever opinions various folks might have about the wisdom of President Bush’s decision to nominate Harriet Miers, the decision has been made. I respectfully submit that ample criticisms have been voiced and, I hope, heard. At this point, those of us working to build a sound legal culture should try to make a prudential judgment whether it is better that her nomination be confirmed or be defeated and then act responsibly in accordance with that judgment. I suppose that some who are distressed by the nomination decision might think that the best hope for improving future nomination decisions is to have the Miers nomination go down in flames. That is certainly not my judgment.