Bummer.

So Miers withdrew. For decades now all presidents will be afraid to appoint real lawyers to SCOTUS. We're going to get federal judges, law professors, state court appellate judges, and superstar lawyers.

Previous federal experience is not a problem, since obviously the experience is relevant to the higher post. I like the fact that they will have already gone through the confirmation process. I also like the idea that law professors won't be so keen on thinking they can jump straight to SCOTUS -- let them toil in the trenches for a bit, and possibly for a lifetime, before SCOTUS.

Same basic principles apply to state appellate judges. In addition, since state constitutions are more dynamic, with no federalism concerns involved, I think the experience creates judges like O'Connor and Souter, as opposed to Bork or Scalia.

I really hope we can avoid the law professors. SCOTUS is not an Ivy League think-tank. The "intellectual feast" comment made by Bork is etched into my memory as reason number two why he was properly rejected.

I doubt we'll ever get a "real" lawyer now on the bench. Even for the superstars of the real world -- David Boies comes to mind -- it's likely the experiences that got them into the public eye will be too galvanizing for today's diametrically opposed political parties for a successful confirmation.