Stupid Design Theory

I blame Katrina. Bush took such a beating in the press and that he finally lost his will to fight. Supreme Court nominee Harriet Miers may be a nice lady. But she is also a nonentity:

"Watching Bush strain to pump up her accomplishments was cringe-making," writes Rich Lowry of National Review. "He said she has tried cases `before state and federal courts'! She has `argued appeals that covered a broad range of matters'! She was head of the Texas Lottery Commission and `insisted on a system that was fair and honest'! She was a leader with Child Care Dallas, Meals on Wheels, and other charitable groups! She has a law degree! From Southern Methodist University!"

"Bush has managed to create an almost perfect storm of contempt for his base, coupled with ongoing contempt from people who will always loathe him," writes Catholic blogger Mark Shea. "This is more than mere bungling. This is active stupidity. Stupidity that may come only once in a generation. Stupidity that works on so many levels. You almost have to admire the sheer elegance of the stupidity. It tempts you to believe in Stupid Design Theory."

The piece conservatives are talking about, by law professor Randy Barnet, argues that Alexander Hamilton, who argued that the Senate could help prevent cronyism in presidential nominations, would be displeased by the Miers nomination:

"To be qualified, a Supreme Court justice must have more than credentials; she must have a well-considered `judicial philosophy,' by which is meant an internalized view of the Constitution and the role of a justice that will guide her through the constitutional minefield that the Supreme Court must navigate. Nothing in Harriet Miers's professional background called upon her to develop considered views on the extent of congressional powers, the separation of powers, the role of judicial precedent, the importance of states in the federal system, or the need for judges to protect both the enumerated and unenumerated rights retained by the people. It is not enough simply to have private opinions on these complex matters; a prospective justice needs to have wrestled with them in all their complexity before attaining the sort of judgment that decision-making at the Supreme Court level requires, especially in the face of executive or congressional disagreement."

Bush, who has withstood so much enmity, was spooked by the media's treatment during Hurricane Katrina. Harriet Miers is his wobble. The uncourageous appointment does not bode well for the next three and a half years.

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