A number of people have argued that Miers is so loyal to Bush that she would want to vote in line with (or shares) his views. There are, I think, a lot of obvious objections to this line of reasoning, having to do with the qualities a justice should have, so let me try to make what I think are non-obvious ones. First: let’s assume that overruling Roe in a case that presents the question would be the right thing to do. Does Bush want Roe overruled? If he does, does Miers know it? Or does she assume, as many people do, that he would rather Roe stayed on the books?

Second: Miers, if confirmed, will probably be a nominee long after Bush has left office. How much will her loyalty count then? Jeffrey Rosen powerfully made the case a few weeks ago that we tend to look at confirmation hearings through the rear-view mirror. Let’s assume (contrary to reality) that William Brennan shared Dwight Eisenhower’s views when he was appointed. Did either man know that abortion would be before the Supreme Court within two decades? Personal loyalty is not a substitute for philosophical soundness.