Bench Memos

I Still Want to Believe

I have been trying to keep an open mind on the Miers nomination. She’s obviously not who I (or anyone else on NRO) would have picked, but I’ve argued she possesses the minimum qualifications for the position (at least as judged by historical standards), that there is little basis for Senators to oppose her, and that we should wait for the hearings to make a final evaluation. That has been my position since the President announced his choice, but I must say it is a position I find increasingly difficult to maintain. I still want to believe that the President knows what he’s doing, but the more we learn about the (non-)vetting Miers received, the more questionable that becomes.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


The Latest