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Wednesday, October 05, 2005

 
ENEMIES AND FRIENDS Josh Marshall is usually razor-sharp. But even he is falling for the Miers-is-a-moderate line:
It must be occurring to at least some Dems that, at least in ideological terms, they could likely do far worse than Miers.
Based on what evidence? Because she may not loathe gay people?

Anyone using that single data point to conclude anything is betraying an ignorance about how the Supreme Court works and how judges judge.

The fact is that right now, for all we know, Miers could very well ascribe to a brand of strict, literalist originalism that would make Thomas and Scalia blush. There is no evidence to suggest this. But there is also no evidence--literally none--to suggest otherwise.

That conservatives are anxious about her nomination tells us nothing: People like Rush Limbaugh are anxious not because Miers is a liberal but because they don't know beyond a shadow of a doubt that she's a conservative.

Reading anything more into objections on the right is a mistake.

The one thing we do know about Miers, of course, is that she is intensely loyal to George W. Bush and thinks he's a genius.

Don't know about anyone else, but that certainly gives me pause.



CONTRAPOSITIVE is edited by Dan Aibel. Dan's a playwright. He lives in New York City.