Disclaimer:

The following comments makes two huge assumptions:
1. Bush is accurately judging the character and judicial philosophies of Harriet Miers.
2. Bush is truly seeking conservatives for the court.

Game. Set. Match?

As I’ve been reading and thinking about this whole Harriet Miers thing, it occurs to me that, intentional or not, Bush may have just won the battle for the courts for a generation.

John Roberts is now the Chief Justice, and it is hard to argue that he is not brilliant or that he is not a strict constructionist, at least in rhetoric. The future will show if his tenure on the bench bears that out. It was a bit of a fight, but overwhelmingly, he was confirmed.

Now, Bush has offered up a nominee who apparently has the support of the left, and who has caused reticence (at best) and outrage (at worst) from many people on the more conservative side of the political spectrum. These are people who think the President missed a once in a generation opportunity to appoint someone with a truly conservative record. They were itchin’ for a fight, in some ways, because this is the reason that conservatives put Bush in office. This is why we went to the polls for him. It was for this moment. Some may say he is alienating his base, and that certainly is true. Yet in that alienation comes an anger, there comes a grassroots uprising that is screaming loudly. It is very likely that Miers will be confirmed, and if you trust Bush, it is also very likely that she will be the strict constructionist, conservative jurist who does not legislate, but judges.

So Bush will have gotten two very good judges on the bench and he now has a conservative base that is frothing at the mouth, demanding that his next nomination be very conservative. If, as is likely, he gets at least one more appointment during his presidency, he now will have the people, and hopefully as a result, the spineless Republicans in Congress, behind him - charging, pushing - for him to not do this stealth thing again. They will not tolerate half way next time.

The next time, he will pick a Janice Rogers Brown rather than a Miguel Estrada. Intentionally or not, Bush has played himself into the corner where his next nomination has to be a solid conservative judge.

Around the web.

Others are offering up their thoughts, now that we’ve all had a few days to consider the ramifications of the nomination of Harriet Miers.

PoliPundit makes a case for supporting Miers.
Jay Tea argues that Bush is not a good judge of character.
Captain Ed sees conservative hypocrisy (and danger) in the focus on her religious beliefs.
Red State Rant has some pros and cons.
Volokh looks at the Democrat’s dilemma.
Mark Noonan thinks conservatives are getting what they want without a fight, and should be happy.
Captain Ed says no way is this a skillfully played hand, and slams Gillespie for claiming sexism.