The White House has tried to argue that Harriet Miers is a trailblazing nonconformist. But her shunning of the Federalist Society illustrates that she made sure to restrict her trailwalking to well-worn mainstream paths. Heavy involvement in the ABA, which is basically an arm of the Democratic Party? That’s okay, she figured. But the Federalist Society? Oh no, that’s the kiss of death. Why should anyone think Miers would stick her neck out on the Supreme Court? She’s never done so before. Her instincts are conformist. The idea that a nominee who considered mere membership in the Federalist Society to be outré would overturn Roe v. Wade and decades of liberal jurisprudence is a joke.
