Charles Krauthammer brings up a great point about Harriet Miers that I had not considered:
This, say her advocates: We are now at war, and therefore the great issue of our time is the powers of the president, under Article II, to wage war. For four years Miers has been immersed in war-and-peace decisions and therefore will have a deep familiarity with the tough constitutional issues regarding detention, prisoner treatment and war powers.
Perhaps. We have no idea what her role in these decisions was. But to the extent that there was any role, it becomes a liability. For years — crucial years in the war on terrorism — she will have to recuse herself from judging the constitutionality of these decisions because she will have been a party to having made them in the first place. The Supreme Court will be left with an absent chair on precisely the laws-of-war issues to which she is supposed to bring so much.