Administration Stumbles on Miers

When Judge John Roberts testified before the Senate Judiciary Committee, there was a little unseemly vicarious pleasure to be derived by watching Roberts' extensive learning and quick legal mind deftly slice up the pretentious arguments of Senate Democrats. The Democrats embarrassed themselves when they read prepared questions and stumbled as they tried to parry Roberts' responses. Roberts casually and systematically demonstrated his extensive and superior understanding of Constitutional law.

After Roberts' performance, there is now a fear on the part of Conservatives that Miers may prove an embarrassment. She may be an accomplished attorney and even an excellent White House counsel, but this does not mean she has an adequate depth of knowledge in Constitutional law. Without a lifetime of study, it is difficult to call quickly to mind and comment critically on obscure legal precedents.

Nominees are in part measured against expectations and perhaps this will save Miers. If Miers manages to acquit herself well at the Senate Judiciary Committee hearings, if she exceeds common expectations, she may erase the embarrassment of Conservatives and finally garner more unqualified support.

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