Separation of Church and... Wha???

I suspect this is a tactic to keep the base in line, but read what the President said today:

PRESIDENT BUSH: People ask me why I picked Harriet Miers. They want to know Harriet Miers' background; they want to know as much as they possibly can before they form opinions. And part of Harriet Miers' life is her religion. Part of it has to do with the fact that she was a pioneer woman and a trailblazer in the law in Texas. I remind people that Harriet Miers is one of the -- has been rated consistently one of the top 50 women lawyers in the United States. She's eminently qualified for the job. And she has got a judicial philosophy that I appreciate; otherwise I wouldn't have named her to the bench, which is -- or nominated her to the bench -- which is that she will not legislate from the bench, but strictly interpret the Constitution.

This AP article about the comment picks and chooses the quote about religion, but I think with good reason. Bush suddenly mentioning her religion as a factor is completely out of place with the rest of what he's saying. That can very logically construed as a wink to the evangelical base; "Don't worry, she's one of us."

But the whole country should probably be troubled that apparently, there is a litmus test for this President on judges. That litmus test is not only religion, but a particular type of religion. The Constitution stipulates that nobody should be excluded from public office because of their religious views. At the same time, no one should be chosen for public office specifically because of their religious views either, and doing so is an implicit violation of the establishment clause. This very nomination to the Supreme Court could conceivably be struck down by the Supreme Court under that standard.

That won't happen. But it's extremely disconcerting that saying "I picked her because of her religion" is being used as a defense of the pick, with a very specific purpose. It's not the basis of my opposition to Miers, however; I just don't believe that a President should use CronyJobs.com to pick lifetime nominees.

[UPDATE] Article VI, Clause 3 of the Constitution:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Somebody might want to ask about that.