The End of Federalism?

Professor Eastman has an interesting take on the Miers nomination. Basically he posits that the Miers nomination "boxes out" the strict constructionists, the federalists and the libertarians from the conservative coalition:

When President Bush announced to the conservative coalition that Harriet Miers is the best qualified person for the Court, it is with this new understanding of the coalition triad in mind. Her inner-circle advice to the President in matters dealing with the war on terrorism has undoubtedly played to the Hawks, and the strongest devotees of the Nixonian understanding of executive power have been quick to praise the nomination. Her professional career as a top business lawyer has played to the big business component of the Marketeers, and it is therefore no surprise that the Chamber of Commerce was also among the first to warmly embrace the nomination. And of course there is Ms. Miers's much touted membership in a conservative evangelical church to ensure the enthusiastic support of the new Doves. Who can be opposed? Well, the old glue: Strict constructionists. Federalists. Libertarians. People like Randy Barnett, John Yoo, Roger Pilon, Bill Kristol, Charles Krauthammer, and George Will. We've been boxed out, and we know it.

Read the entire article here. What do you guys think?