Balkinization  

Thursday, October 27, 2005

Miers Withdraws

JB

Harriet Miers has withdrawn her nomination.

The face saving excuse, as many predicted, was that the President was unwilling to release documents about her advice for the White House, arguing that this would violate executive privilege.

If you go back and read my analysis of why the nomination was likely to have significant problems, you will see that it stands up pretty well. The lesson of the Miers nomination is that stealth candidates must be widely perceived to have sterling credentials. President Bush was determined not to have another Souter, and he got his wish: Unlike Souter, Miers was perceived as insufficiently qualified. That made lack of clarity about her positions fatal to her nomination.

For an analysis of what happens next, see my previous discussion here.


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