I have always maintained that the President deserves substantial deference in the selection of judicial nominees — and this is no different. I see no basis for opposing his choice of White House counsel Harriett Miers to replace Justice O’Connor. But I will also say that I do not understand the choice. Yes she will be supported by the business community, and she will likely provoke little Democratic opposition. But she will do nothing to energize an increasingly disillusioned base. The left likes to recite a litany of 5-4 decisions that could be overturned were O’Connor replaced with a more conservative nominee. Yet there is another litany of 5-4 decisions that are at risk should Miers be less conservative than O’Connor. This makes the pick extremely important — and the pick of Miers does not inspire confidence. For those who want to know more, here’s a profile.

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

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