Harriet Miers has held the position of Counsel to the President since February 3, 2005, when the previous occupant of that office, Alberto Gonzalez, was confirmed by the Senate to be US Attorney General. Since that time, President Bush has made twelve nominations to the US Circuit Courts, all of them on February 14, 2005, eleven days after Ms. Miers became White House Counsel. Eleven of these nominees were originally nominated during Bush's first term but never received a vote in the Senate.I have not myself fact checked this fact checking so perhaps there is more to the story of her role vetting nominees than is reflected by this list. [Is it really true that there have been no Court of Appeals nominations since February? Are all the vacancies either filled or pending confirmation?] For one thing, Ms. Miers was certainly present for the vetting and selection of John Roberts for the Supreme Court. If you are in love with that decision, then that is a mark in her favor.
Terrence W. Boyle (Fourth Circuit): Originally nominated 9/4/2001
Janice R. Brown (D.C. Circuit): Originally nominated 7/25/2003
Richard A. Griffin (Sixth Circuit): Originally nominated 6/26/2002
Thomas B. Griffith (D.C. Circuit): Originally nominated 5/10/2004
Brett M. Kavanaugh (D.C. Circuit): Originally nominated 7/25/2003
David W. McKeague (Sixth Circuit): Originally nominated 11/8/2001
William G. Myers (Ninth Circuit): Originally nominated 5/15/2003
Susan B. Neilson (Sixth Circuit): Originally nominated 11/8/2001
Priscilla R. Owen (Fifth Circuit): Originally nominated 9/4/2001
William H. Pryor (Eleventh Circuit): Originally nominated 4/9/2003
Henry W. Saad (Sixth Circuit): Originally nominated 11/8/2001
Sources: Federal Judicial Vacancy Archives (December 1, 2004 and November 6, 2002)
Should Harriet Miers receive credit for Bush's renomination - on her twelfth day on the job - of a slate of appellate nominees from his first term?
(Hat tip to The Corner)
Update: One further thought. If the White House has made no nominations to the appellate court in the eight months during which Harriet Miers has been White House Counsel, does this reflect well on her tenure? Pretty soon, we will be in "lame duck" mode when no judicial nominees are confirmed in advance of the next presidential elections.