The American people are certainly entitled to know a lot more about Ms. Miers. As a non-judge who has largely operated behind the scenes, she does not have a lengthy record of judicial opinions, law review articles and public comments. While this page complained about the lack of information available about John Roberts, the new chief justice was a veritable font of background records compared with this new nominee.
This administration likes to argue that Ruth Bader Ginsburg declined to say much about her views when she was nominated. But she had been a federal appeals court judge for more than a decade, and her approach to judging was well known. The Senate needs to ask Ms. Miers directly where she stands on important legal issues, and it should not confirm her unless she makes clear her commitment to well-settled rights that Americans take for granted.
. . . Many of the best justices have taken odd routes to the court. Ms. Miers could prove to be a pragmatic, common-sense justice who ends up making this court the Miers Court, the way Justice O'Connor effectively made the last one the O'Connor Court. Before taking that risk, however, the Senate needs to get to work to learn a lot more about her.