Harriet Miers has never written a legal opinion. She has only been an advocate.
Clarence Thomas also only had experience writing from the perspective of the executive.
Miers's lack of experience is a serious problem and no one has picked up on it yet. We must look at the psychology of this:
Clarence Thomas was woefully inexperienced as a judge and has spent the last 15 years following Scalia because he didn't know anything about writing opinions and had no legal philosophy of his own.
I submit that Miers will also spend at least a decade getting up to speed.
Why does this suck for your liberty? See you on the flip.
Miers is a disaster because she has never written a judicial opinion and is therefore not constrained by the culture of the rule of law.
She has never been in the position of judge.
She is therefore, by definition, NOT a judge.
She has, however, advocated, effectively for clients.
She is an advocate.
I submit that as an advocate, and not a judge, she has little cultural training in the application and rule of law.
This means that it will be easy for her to either (1) operate outside the rule of law; or (2) fall under the spell of a member of the court that has training in applying the rule of law.
And, who will our friend Harriet look to for this guidance?
Well, none other than her compatriot, Bush appointee Roberts. In fact, I would bet that Bush's direction to her is to follow Roberts lead.
You might say, why is this bad for us?
Well, Roberts is a guaranteed vote against Roe.
As we know, O'Connor supported Roe.
Miers is replacing O'Connor.
A political hack like Miers, who will spend the next decade or more following her mentor Roberts, will be bad for Roe.
Fundamentally, if Miers follows Roberts, it's like having a Rehnquist in O'Connor's slot.
This is anathema.
If there is one thing we know, it's that Miers is a Bushie. She will follow the other Bushie Roberts.
That is worse than Luttig, Wilkinson, or anyone else they can throw at us. I would submit it's worse than JRB.
Miers is bad news. She is a drone. She is a yes woman to Roberts and will expand his influence on the court.
She must be filibustered and defeated. Simple as that.