The Miers debate, at least on the right, shifts slowly but surely. Notice how they throw the ACLU and Bill Clinton into an argument regarding Harriet Myers — just throw it all into the Right Wing Meat Grinder and you still end up with fertilizer for Texas prairie flower blossoms.
As White House counsel, Miers either approved of the Defense Department’s improper assignments of women to units required to be all-male, without prior notice to Congress, or she was unaware of the long-term legal consequences of that practice, or she gave sound advice that the President did not heed.
Even civilians should be concerned. The ACLU and feminist groups have pushed for decades to subject women to Selective Service registration for a future draft. The Supreme Court has historically upheld young women’s exemption from registration because women are not assigned to land combat units on the same basis as men (Rostker v. Goldberg, 1981, reaffirmed by a Massachusetts U.S. District Court, 2003).
If women’s land combat exemptions are eliminated, the Supreme Court could easily reverse precedent by deferring to the military’s new policy. By failing to comply with the congressional notification law, the Bush Administration will have laid the groundwork for an ACLU victory.