Harriet Miers in the Not-So-Hot Seat

I am rarely a “wave the flag while eating apple pie and playing baseball American”, but I do have a tendency to get that way about the Supreme Court. A Judge I used to work with had a white feather quill in an empty glass ink jar on his desk and when I asked him about it he said that it symbolizes that he argued a case before the Supreme Court. It is somewhat embarrassing how cool I think that is. I am fascinated by the way law, policy, and public discourse is shaped by the Court.

Why am I sharing this random tidbit of my inner-geekdom? Because the nominations and confirmation processes of Roberts and Miers make me want to pull my hair out. And its not that they are conservative ideologues or the blatant cronyism, it’s the wimps in the Senate.

As has been made much of in the news, the Senate Judiciary Committee is sending Harriet Miers’ questionnaire answers back to her to supplement. Members of the Committee apparently found her responses "inadequate," "insufficient" and "insulting." I am not at all surprised that her responses were inadequate what does surprise me somewhat is that the Judiciary Committee seems surprised or affronted by this.

HELLO did we not just go through the Roberts confirmation process??? Did the man ever actually give a straight answer to anything??? Did you confirm him anyway??? Talk about setting a precedent.

"If the questions are not answered or their answer is incomplete, as they have been, then it's going to be a long hearing indeed," Mr. Leahy said.

I am sure Miers is really scared right now. Ooohh a long confirmation process … followed by a basically guaranteed eventual confirmation to lifetime appointment – I can see why that’ll convince her to spill.

Now I could be wrong, this may be the first time a nominee has had his or her questionnaire sent back to them and this might be a sign that the Judiciary Committee actually intends to live up to their obligation to “advise and consent.” Maybe if she is not forthcoming about her history and her positions they will actually refuse to confirm her – wouldn’t that be refreshing.

- A. Monkey