Sex and the Court

Slate's John Dickerson tackles the gender issue from a slightly different angle:

"Dr. James Dobson, who got a special early briefing from Karl Rove on the pick, has confirmed what we already knew: The White House limited the field of potential choices to women. In ordinary English, that is called a quota.

"This admission of truth, which Bush's father never made about Clarence Thomas, makes it hard for the president to rebut criticism that Miers is not the most qualified person for the job. We know for a fact that half of humanity--and a good deal more than half of the federal bench--was deemed ineligible to be chosen at the outset. I thought conservatives like the president believed that women could withstand open competition? Instead, Bush has subjected Miers to what he calls the soft bigotry of low expectations.

"Isn't the pounding Miers is taking proof that her accusers are treating her like one of the boys? Questioning her scant record isn't code for worries about her toughness or brainpower. Arguing that she's a crony isn't the same as saying she should have taken up a more traditionally feminine career or distinguished herself as a wife and mother. Wondering whether she's really the best nonjudge lawyer in the land isn't a dodge at all, given how little looking the White House seems to have done for any such alternative of any gender."

Andrew Sullivan makes a related point about religion:

"If we are to construe that part of the rationale for the Miers nomination is her religious faith, then the nomination does indeed appear to be unconstitutional. An added irony is that the woman she would replace would be among the most opposed to such a test."

David Brooks has looked at Miers's writing as head of the Texas bar and seems stunned that "the quality of thought and writing doesn't even rise to the level of pedestrian." Examples:

" More and more, the intractable problems in our society have one answer: broad-based intolerance of unacceptable conditions and a commitment by many to fix problems."

"We must end collective acceptance of inappropriate conduct and increase education in professionalism."

"When consensus of diverse leadership can be achieved on issues of importance, the greatest impact can be achieved."

Zzzzzz.

But the L.A. Times finds what it calls a "glint of liberalism":