1.) What is the ultimate reason as to why her nomination was shot down?Opposition from within the GOP. Her qualifications were not convincing, nor apparently were her one on one meetings with the Senators. And the conservative GOP base wanted someone with a clear strict constructionist track record and a clearly articulated judicial philosophy to match. I agree with them on that. I think we deserve no less.
2.) Do you buy the administration's argument that the disclosure of confidential writings was asked for?Yes, I believe it happened that way. Senators Lindsey Graham and Sam Brownback did ask for the documents... just as in the Krauthammer scenario nighttimer mentioned.
3.) Will this event lead to a further poisoning of the nominating and approval process?My crystal ball is in the shop, but I think this could work out for the best if Bush leads the way he should, and picks a highly qualified strict constructionist, and fights hard for him/her.
4.) Who is to blame for this whole debacle?Bush. Perhaps he was right and Miers would've been a good Justice. Now we'll never know, but he definitely did severely misjudge the politics of the situation. The GOP base has been waiting a long time for a chance to shift the balance of the SCOTUS, and they don't want it wasted on a barely qualified stealth nominee. It's something they're passionate about and will go to the mats for, and Bush didn't realize that.
Pournelle, echoing my own thoughts, as he so often does (except that I would've suggested Posner rather than Bork):
QUOTE("Jerry Pournelle")
Well the news is that Miers has withdrawn -- who can blame her? Now the egregious Frum will crow. Rush Limbaugh is trying to make the best of this, and doing fairly well; but the fact remains that the egregious Frum will lord it up, and a number of electoral shock troops who helped produce the Republican majority in 2004 will quietly go home and say to hell with it.
The choice of Miers was perhaps unfortunate and perhaps not, but she had this virtue: she was very unlikely to have wanted what the Left can give, dinner parties in Georgetown, commencement speeches at big universities, and accolade for "growing" in office. We can hope that the next candidate has that virtue. It may be unlikely.
I will continue to say it is no bad thing to have members of the US Supreme Court who did not rise through the judicial route. The American judiciary is a rarefied atmosphere and encourages the habits of power; a judge in his courtroom has very great powers, all of the low justice and much of the middle justice, and becomes used to having that power. Some enjoy it. Judges who came up through the political process have different views. Yes, Earl Warren, perhaps the most destructive Chief Justice this nation has ever had (Taney can vie for the appellation, but we need not debate that here) was without judicial experience; but so were John Marshal and Rehnquist.
We will see what happens next. The President may remember who his friends were. Perhaps.
Both the egregious Frum and the abominable Schumer are crowing. My favorite scenario is that the President appoints Bork. Alas, Bork is too old, so it won't happen. But my favorite scenario would be appointment of someone who will really horrify the Democrats, and then stand behind her. Unlikely, I know.
http://www.jerrypournelle.com/view/view385.html