On October 4th George W. Bush nominated his White House counsel and personal attorney, Harriet Miers, to replace Sandra Day O'Connor on the U.S. Supreme Court. If President Bush was hoping to avoid controversy by making a 'stealth' nomination, that strategy seems to have failed. While the reaction on the left has been somewhere between relief and confusion, the right (both religious and libertarian) has been surprisingly reactionary (see George Will's reaction).

Given how little of paper trail Miers seems to have, what tools can and should be used to evaluate Ms. Miers' nomination? Will the nomination fail? Is this nomination a decoy?

ACS@YLS is inviting commentary on the administration's strategy, the nominee, the confirmation process and the Court in general. Pleas email any submissions to: jason.pielemeier@yale.edu