From e-mailer A.P., echoing something Hugh Hewitt has been hinting at: “Bush does not really care about conservatism or shifting the court in any

direction – he only cares about war. He has a litmus test alright, but it’s

not “Will (s)he overturn Roe?” (as everybody assumes) but rather “Will (s)he

set Jose Padilla loose?”. Courts have potential for a lot of mischief in the

war against Islamofascism and in fact a district court ruled in favor of bin

Laden’s driver not long ago. That decision was subsequently overturned by

certain Judge Roberts, and that judicial record (rather than his impressive

resume – as everybody assumes) earned him the nomination. Since it’s been Miers’ job to provide legal opinion about actions

performed or considered by the Administration, the president must know very

well where she stands on a multitude of legal questions pertaining to the

war. In other words, the president is not willing to trust anybody’s opinion

about a candidate (especially remembering how his father was assured about

Souter) but rather requires extensive personal knowledge or a proven record

on the only issue that truly matters to him (and if my theory is correct you

can forget about Justice Brown because of her strong libertarian streak).

I’m not by any means endorsing such approach (I’m as disappointed and angry

as the next guy), but at least a justice willing to give a lot of deference

to the Administration in the prosecution of war is not very likely to be a

judicial activist in other areas.”