Men (Or Women) Of Courage Need Not Apply

Only closet conservatives have a chance for for appointment to the Supreme Court.

This week's nomination of White House Counsel Harriet E. Miers, following Bush's earlier selection of John G. Roberts Jr. as chief justice, means that the president has chosen two Supreme Court nominees with limited — or virtually no — public records on the key constitutional controversies dividing the parties. In the process, he's bypassed a long list of judges with consistent conservative records on state and federal courts.

"I don't know that there is a deliberate message — I think he is just trying to avoid trouble — but the message comes through: Do not be controversial, do not express strong opinions that arouse opposition," said Robert H. Bork, the conservative legal scholar and former federal judge. Bork's extensive writings keyed an explosive confirmation battle that culminated in his rejection by the Senate when President Reagan nominated him to the Supreme Court in 1987.