Balkin notes that some argue against Miers because it will hurt Bush politically if she isn't confirmed or withdraws. I think that view is short-sighted and not in our best interest. Bush's legacy will be toast anyway once the Indictments or guilty pleas and resignations come, particularly when coupled with continued disapproval of his handling of Iraq. Republicans are on their own in 2006 and 2008. I doubt they will even want his help.

I would rather have a non-radical on the Court like Miers, who has a record of working to improve access to our justice system and promoting diversity, than someone who can rattle off every Supreme Court case at the drop of a hat. With Bush's approval ratings sinking faster than the Titanic, any replacement nominee is likely to be one acceptable to the radical right. I don't count on the gang of 14 to help in this regard. They are an illegitimate group to begin with in my view.

Let's wait for the hearings and see how Ms. Miers fares.