Amid the noise over Harriet Miers, what do the law profs think? Better yet, what do those law profs whose judgment I trust think? Two of them should give conservatives pause in their reaction to President Bush nominating Harriet Miers to the Supreme Court.
Notre Dame Law Professor Rick Garnett is pleased. And Douglas Kmiec, former Catholic University Law School dean and Pepperdine law professor, writes today that the critics are rushing to “prejudgment”:
Conservative and liberal alike were dumbfounded. With a long list of distinguished federal jurists and formidable constitutional minds to choose from, how could the president select someone lacking not only a Supreme Court clerkship but, as far as anyone knows, even a Supreme Court appearance?
Easy. The president actually believes that, as Alexander Hamilton put it, the Supreme Court is intended to be “the least dangerous” branch of government.
“Wait and see” sounds much better this morning.