Here's my "conspiracy theory" of the day:
- But Bush had to seem to want to replace O'Connor with another woman.
- Bush therefore chose Miers, whose nomination he knew would be fiercely opposed on the right.
- Given Miers's position as White House counsel, her name could be withdrawn as a matter of principle (defense of the separation of powers).
- Bush's withdrawal of the Miers nomination would not only please the right but also not be seen as a bow to the left.
Personally, if the real nominee is to be a male, I like David Bernstein's suggestion
: Judge Douglas Ginsburg
(he of the "Constitution in Exile