If you haven't already heard...
Bush's Embattled Nominee to Supreme Court Withdraws
By TIMOTHY WILLIAMS 9:30 AM ET
President Bush said he reluctantly accepted her decision to withdraw, after weeks of insisting that he did not want her to step down.
Bush's Statement | Mier's Withdrawal Letter (pdf)
The letter supports the Gabe Mendel/ Anthony Lewis theory of why Bush nominated Miers, the one that I've thought most plausible -- that she would be a judge who would give the Executive the widest latitude possible, not only (though most importantly) in its powers for the war on terror, but also in matters like Vice President Cheney's energy committee.
I am concerned that the confirmation process presents a burden for the White House and our staff that is not in the best interests of the country.
As you know, members of the Senate have indicated their intention to seek documents about my service in the White House in order to judge whether to support me. I have been informed repeatedly that in lieu of records, I would be expected to testify about my service in the White House to demonstrate my experience and judicial philosophy. While I believer that my lengthy career provides sufficient evidence for consideration of my nomination, I am convinced the efforts to obtain Executive Branch materials and information will continue.
As I stated in my acceptance remarks in the Oval Office, the strength and independence of our three branches of government are critical to the continued success of this great Nation. Repeatedly in the course of the process of confirmation for nominees for other positions, I have steadfastly maintained that the independence of the Executive Branch be preserved and its confidential documents and information not be released to further a confirmation process. I feel compelled to adhere to this position, especially related to my own nomination. Protection of the prerogatives of the Executive Branch and continued pursuit of my confirmation are in tension. I have decided that seeking my confirmation should yield.