Interesting Point!

Publius at Legal Fiction makes the point that Miers and Roberts have something in common and not something in common with the Federalist Society stars. He posits that the reason Bush nominated both of them is that they are both down with torture, much like Torquemada Gonzales. We know that Miers worked in concert with Gonzales. Likewise, we know that Roberts had that pesky ethical conflict when he was being interviewed for the Justice job while ruling in the administration’s favor on the executive’s power to trump the other branches of government, and that piece of paper the U.S. Constitution,

It seems, according to Publius, that perhaps Bush, Cheney, and Rumsfeld, et al. might be worried about the issue of war crimes. Hence GWB’s early desire to have Torquemada on the Supremes. But maybe putting his A.G. in charge of torture excusing on the Highest Court of the Land might have been a tad too obvious.

He also brings up the point that the Federalist Society, strict constructionists that they are, actually has a principled stand on the separation of powers that might not be a winning argument for the administration and its desire for unbridled executive power.

Interesting.