Are Miers' Views a Complete Mystery?
Probably not.
The conservatives who are supporting her, including Bush, probably think she will vote as follows:
1. Not to strike down Roe v. Wade. Doing so would split the Republican Party, and give too many opportunities to pro-choicers, secular humanists, etc. John Roberts, a Catholic, has said this decision is "settled law."
2. But: allow the states to make inroads on Roe. This is the way the Court has been going for years. Allow states to impose restrictions on access to abortion--especially for teenagers. There is probably room to strike down partial-birth abortion.
3. Look for a chance to oppose gay marriage. Even Anthony Kennedy, author of the Lawrence decision on gay sex, says he is not convinced the Constitution requires recognizing gay marriage.
4. Support torture--at least as long as Bush is president.
Why is this not enough for other conservatives? It must be true, as Pinkerton and others have said, that "movement" conservatives were looking forward to a real fight on principles. What about the whole jurisprudence of a right to privacy? Putting the states more in charge, say on campaign finance or famiy and medical leave? Cutting away at the Americans with Disabilities Act, or welfare benefits? Miers seems, from all we can tell, to be less curious about these things than almost any American with a white collar job. There is some talk she is "liberal on social issues"--or is it conservative on social issues (her evangelical credentials) and liberal on economic issues?
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