Michael Kinsley: The Reticence Fallacy

Sunday, October 9, 2005; Page B07

Gosh, was it only a couple of weeks ago that Republicans were mocking attempts by Democratic senators to find out what John Roberts's views might be on some of the big legal issues? What happened to all those lectures about how it would be "improper" to call on a future justice to "prejudge" matters that might come before the court?

With President Bush's nomination of Harriet Miers, it turns out that Republicans don't want to buy a pig in a poke any more than Democrats do. They were bluffing when they claimed not to know or care about Roberts's views, beyond a vague commitment to avoid "legislating from the bench." They did care, but they thought they knew. The surprising conservative bitterness about Miers reinforces the suspicion of many liberals that "they must know something we don't" about Roberts. Conservatives have been complaining about the Supreme Court for half a century. After a series of false dawns, this would seem to be their true moment. Would they really let Bush squander this opportunity? Apparently not.