Let’s get back to basics: the Supreme Court of US is the only court protected by Constitution and its main goal is to protect and apply the Constitution. Together with lifetime appointment of judges this principle, ideally, sets the mechanism of both Supreme Court and Constitution to protect each other from political noise of changing powers of executive branch.

While it is designed that every judge must serve Constitution and only Constitution, it is obvious that any president is trying to use his chance to nominate a judge from his side of spectrum. This is normal as long as the long track record of the candidate is scrutinized by the Congress for the proof that he was never placing his political views above the law. Again, this is typical for a good judge to keep his bias at home.

With Miers Dubia and Rove crossed the line. They don’t even hide that she is born-again Conservative, in-house Republican hack with no record to check. There is a lot in the US political system that is based on the assumption that the Congress and President are trying to pursue the public interests rather then use its power to make the maximum damage to the opposition. As soon as the political war prevails over doing the job right there is no law to stop that. Instead of complicated political discussions that public does not follow – will anyone just yell – “this judge is naked??