Robert Bork weighs in on the Miers nomination with a big dissent in today’s Wall Street Journal. You can read it here.
Even if we conclude that Miers would go the right way on important constitutional issues the Court will confront, Bork makes the strong point that we should also want a justice who will bring high caliber intellectual firepower to the non-liberal side of the Court. It seems doubtful that Harriet Miers would be better in that regard than any of a considerable number of judges on the courts of appeals, or even law professors. If President Bush is willing to go outside the ranks of sitting judges, how about Richard Epstein?