John Fund, who has turned against Miers, has a pair of items in today’s OpinionJournal Political Diary (side note; they really need to create an archive for those that plunk down their cash late) that explains why he did, and also all-but-puts the nail in the coffin as far as I’m concerned.
Kevin deals with the first (her lone advesarial role in the creation of the 2001 White House Chrismas message), but the second is far more troubling. Fund relates how he has been unable to find anyone not named Nathan Hecht or not on the White House payroll who spoke with Miers about politics or judicial philosophy. He’s gone from one-time fiancee Jim Martin to the White House to the RNC and finally to Hecht, who finally gave him 2 names that didn’t return Fund’s calls. Now he’s making donations-to-favorite-charity offers on Texas talk shows to anyone else that has had substantiave political/judicial philosophy questions with Miers, and thus far, he hasn’t opened up his checkbook.
As you can tell by the title above, you can now put me down in the anti-Miers camp. Better than 11 days of a firestorm and of conflicting evidence, and the phrase on judicial philosophy is still, “Trust us”? I can’t continue to buy that and ignore the mounting pile of evidence. At this point, I can’t see how she will turn out to be anything other than a broad “like-for-like” replacement for O’Connor (with the remotely-possible “left-of-like” still hanging on by a thread). While I continue to hope that I’m wrong, I doubt that anything short of a sterling performance in the Senate Judiciary hearings (one that would likely trigger a filibuster) will change that opinion before her rulings start coming down and this truly becomes a lost opportunity to have moved the Supreme Court back toward judicial conservatism and by extension, philosophical conservatism.
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