She said that she had resisted surrendering internal documents, including legal advice to the president, because to do so would have interfered with the independence of the Executive Branch."Protection of the prerogatives of the Executive Branch and continued pursuit of my nomination are in tension," she wrote. "I have decided that seeking my confirmation should yield."
Miers Failed to Win Support of Key Senators and Conservatives - New York Times
On the one hand, I fear who Bush will dredge up next, especially since the theocrats will be feeling victorious. On the other hand, the justification for this withdrawal is confirmation of my main concern: that Bush is stacking the court not with doctrinaire religious conservatives, but that he's stacking the court with doctrinaire deferentialists -- judges who believe in an extremely limited court, especially with respect to executive branch power.
No president, no legislature, should be afforded that kind of latitude.
