The average LSAT score at SMU Law School is 155. The average LSAT at Harvard is 170. That's a difference of approximately 1 1/2 standard deviations, a differential IQ experts routinely refer to as "big-ass" or "humongous." Whatever else you think of them, the average Harvard Law School student is very smart. I gather I have just committed a hate crime by saying so.
Contrary to the Bush administration's disingenuous arguments, it's not simply that Miers did not attend a top law school that makes her unqualified for the Supreme Court. (But that's a good start!) It's that she did not go on to rack up any major accomplishments since then, either.
Despite the astonishing fact that Miers was THE FIRST WOMAN to head the Texas Bar Association – a dumping ground for losers, by the way – Miers has not had the sort of legal career that shouts out "Supreme Court material"! That is, unless you think any female who manages to pass the bar exam has achieved a feat of unparalleled brilliance for her gender.
There are more important things in life than being Supreme Court material, but – oddly enough – not when we're talking about an appointment to the Supreme Court. According to the Associated Press, Sen. Arlen Specter defended Miers on the grounds that "Miers' professional qualifications are excellent, but she lacks experience in constitutional law" – and Specter ought to know. This is like recommending a plumber by saying, "He's a very professional guy, but he lacks experience in plumbing."
The other straw-man argument constantly being hawked by the Bush administration is that Miers' critics object that she's never been a judge. To quote another Bush – Read my lips: No one has said that. So please stop comparing Miers to Justice Byron White (first in his class at Yale Law School) or Justice William Rehnquist (first in his class at Stanford Law School).
It's also not what the New York Times claims, which is that conservatives oppose Miers because they don't know how she will vote. We didn't know how Roberts would vote! As I recall, I was the only conservative complaining about that.
The problem with Miers is something entirely different – and entirely within the meaning of "advice and consent": Miers is no more qualified to sit on the Supreme Court than I am to be a sumo wrestler. The hearings aren't going to change that; they will just make it more obvious.
I genuinely feel sorry for Miers. I'm sure she's a lovely woman, brighter than average, and well-qualified for many important jobs. Just not the job Bush has nominated her for. The terrible thing Bush has done to Miers is to force people who care about the court to say that.