Harriet Miers

Is Harriet Miers another Sandra Day O'Connor? It's looking that way. Stanley Kurtz of National Review has been digging into her past as the head of the Texas Bar Association, here are some of his conclusions:

The most telling thing about Miers is that she sees membership in the Federalist Society as excessively “political,” yet doesn’t think twice about associating herself with a lecture series that invites the likes of Gloria Steinem, Pat Schroeder, and Susan Faludi. That’s because Miers’ political career is based on being the one member of the conservative Texas establishment that liberal feminists can best work with. Miers has spent a lifetime being the sort of conservative who tries to swim within the “mainstream.” Miers would rather make a partnership with the far left, than risk being called an outsider on the right. Her almost obsessive silence about her political views probably derives in part from the fact that her own support base comprehends everyone from pro-life evangelical conservatives to Susan Faludi-like feminists.

Even when Miers went out of her way to make a conservative point–as in the drive for ABA neutrality on abortion–her underlying purpose was to keep her Texas group connected to the national center of “mainstream” liberalism (and her formal position was mere neutrality). And even if Miers’ advice to the White House to go slow on affirmative action and stem cells was based on a political calculation, it was a calculation that fit very comfortably with Miers’ long-term intellectual-political orientation. Whatever her personal views, Miers doesn’t feel comfortable openly positioning herself to the right of what liberals call the “mainstream” on social issues. My sense is that this makes Miers into something of a Sandra Day O’Connor figure–someone who could go either way on the big social issues. On the one hand, Miers’s personal instincts are conservative. On the other hand, she is used to working in coalition with, making concessions to, and often sympathizing with, feminist liberals. (David Frum's excerpts from Miers's writings broadly support this point.)

On abortion, Miers is clearly opposed personally, yet her history is that of working with, and making concessions to, feminists to her left. So I’d say that one’s a toss-up. In short, given her history of building coalitions with liberal feminists, I think Miers is likely to be an O’Connor-like figure, who could break either way on all the big social issues.

I'm not keen on the Miers nomination. I wanted and think we needed the fight that could've happened over a real nominee with stellar credentials. I'm really curious to see if Republicans will bork Miers. If they do, it would be a huge testament to their belief in the importance of ideas over the strictly political. We'll see....