1. Last week, as President Bush was deliberating over his second SCOTUS nomination, Justice Ruth Bader Ginsburg voiced approval of John Roberts’ refusal to answer questions potentially related to future Supreme Court matters. When you heard her recorded comments, did you think it empowered President Bush to nominate another well-known constitutional originalist instead of a stealth nominee like Harriet Miers?
2. Does a stealth nomination by a Republican president encourage or discourage prospective candidates who aspire to the Supreme Court to publicize evidence of their judicial philosophy that Democrats might use against them in Senate hearings?
3. Does the nomination of someone that Democrats consider a Republican crony make it harder for Republicans to oppose the future nomination of someone they consider a Democrat crony?
4. GOP bloggers were angry when Miguel Estrada’s religious faith became an issue in his nomination and were prepared to criticize any of John Roberts’ opponents had they done the same. Yet supporters of Miers, including President Bush, are citing her faith as a qualification for her nomination. Isn’t this a double standard that further establishes a nominee’s religious beliefs as a legitimate factor in his/her qualification or disqualification?
5. Justice Antonin Scalia is widely known as a man of faith. Did President Reagan and the conservative media cite his faith as a primary qualification for his nomination?
6. Conservatives expect judges at all levels to separate their personal opinions from their judicial reasoning. Why are Miers’ anti-abortion beliefs relevant to her qualifications? Isn’t believing that abortion is wrong a different issue than believing that Roe v. Wade is unconstitutional?
7. The next time Bush suffers a political setback, does the Miers nomination make it less likely that his conservative base will rise to support him? Does the Miers nomination encourage or discourage Democrats on the Senate Judiciary Committee?
8. Does the Miers nomination make it less likely that the conservative base will support Rudy Giuliani for president in 2008? Does the Miers nomination make it more likely that the conservative base will favor George Allen or Mitt Romney for president in 2008?
9. At this point in the Roberts’ nomination process, the blogosphere had uncovered sufficient information for most conservatives to feel confident and enthusiastic about Bush’s selection. Do you feel the same level of confidence and enthusiasm about Miers? If not, why not?
10. Before her name was added to the public short list of potential SCOTUS nominees, had you ever blogged about Harriet Miers? If you contribute to any other media outlets, did you ever write about or discuss Harriet Miers?