The Miers mistake
This would appear to set up Miers for smooth sailing through her confirmation. She has no public record on the issues to speak of and, because she’s been working for Bush, whatever private record that may exist will be blocked by Republican stonewalling.
Yet the nomination of Harriet Miers at this time may be seen as one of the Bush administration’s largest tactical errors.
Because Harriet Miers has so recently worked for this White House and many of the cases they pushed forward are on deck to be argued in front of the court this term, Miers will have to recuse herself from the decisions in those cases. If she’s going to recuse herself, then there should be no way for her to dodge questions about those specific cases. She can’t say that she’s not going to speak on issues that come before the court because, on cases like the administration's challenge to Oregon's "physician-assisted suicide" law, there’s no way that she, as former White House counsel, should be judging that case. Therefore, we should be able to tell whether or not she believes Oregon can make their own laws regarding end of life decisions. She can't very well argue that this case could come up again.
Knowing how this administration works, they don't want Miers to have to come clean about her views, but Bush’s penchant for elevating his friends to high places may finally have bitten him on the ass.