I oppose the Miers nomination. Let me say that clearly, in those words, so I can be counted in N.Z. Bear's effort, described here. Must I say why here too? I've already said it so many times. You can follow the trajectory of my opinion of the nominee, which peaked on October 11th with my "Mellowing on Miers" post. I'd mellowed, mostly as a matter of contrarian instinct, upon reading a few too many emails from lawprofs who were too self-regardingly overvaluing constitutional theory. I don't require hardcore commitment to a theory -- the conservative's originalism or the liberal's "active liberty" or whatever. John Roberts -- a model nominee -- did not commit himself to any theory of interpretation.
What I do require is demonstrable analytical ability. I have seen no evidence of the level of ability that we have an obligation to demand from a Supreme Court justice. This is not a time to be nice or to give an unknown a chance. It's a lifetime appointment. President Bush made a terrible choice, and Miers did not decline. I was willing to wait for the hearings to make a final call, but the handling of the nomination has been so abysmal: the botched questionnaire, the bolstering with religion, the lack of any coherent defense in the face of weeks of criticism. It's just too much! End it, already!