Cross-posted at
The Democracy Cell Project as "Who Will Ask The Hard Questions?"
In choosing Ms. Miers, the President has sucessfully escaped a nominee with a judicial record on which to base an opinion, but to that strategy, I would say, "Not so fast, Mr. President".
Sure, there's no record to question, but since there isn't anything to question, that leaves an awful lot of room for asking questions. Questions about anything and everything that may have shaped her thinking about the law.
Let's look at the "elephant in the room" questions first:
Ms. Miers, are now or have you ever been a homosexual? Have you ever had a homosexual experience?
Ms. Miers, have you ever had sex outside of marriage?
Ms. Miers, have you ever had an abortion or have you ever been pregnant?
Well, those few questions alone ought to get the conversation going.
Look, I am not saying that asking about someone's personal life is a great thing. I am saying that I didn't bring the subject up for judicial review by filing any number of legal cases, the results of which threaten to insert themselves into the general geography of my uterus.
On paper, this choice makes my brother look qualified to be a Supreme Court justice. Anyone here know my brother? Here's a heckuva guy and a good lawyer, but he's neither a Holmes nor a Fortas.
Not every lawyer is qualified for the Supreme Court by virtue of the fact that they are a lawyer.
And frankly, I don't know if Bush's girl scout is a good choice or not. But I do know this: We don't need a girl scout on the Supreme Court any more than we needed a Brownie over at FEMA.