If confirmed, Miers will have to recuse herself from potentially dozens of cases concerning this administration; but that will not be her biggest problem on the Court. Rather, her most significant challenge will be her ability to do a professional u-turn. Can she take the one quality that means the most to the president who just nominated her--loyalty--and leave it completely behind as her work address moves several blocks east?

To weigh her chances of success, consider the lesson of Abe Fortas, the last justice to be elevated to the Court after enjoying such a close relationship with a sitting president. Fortas had been Lyndon Johnson's personal lawyer for years prior to Johnson becoming president. In 1948, when Johnson found himself in court over a closely contested Texas Senate race, he turned to Fortas, and Fortas delivered. Seventeen years later, LBJ put Fortas on the Supreme Court.

The problem was that Fortas could never leave his sense of loyalty to the president behind. On many cases where he had served a role advising Johnson in the matter before the Court, Fortas neglected to recuse himself. Worse than that, he continued to play an advisory role to LBJ even after ascending to the high Court. Johnson's key advisors, including Bill Moyers, Jack Valenti, and Joe Califano, continued to count on Fortas, sending directly to his Supreme Court chambers drafts of legislation and even State of the Union addresses for Fortas to sign off on. All this eventually caught up to Fortas. When LBJ nominated Fortas to be chief justice in 1968, his inappropriately close relationship to the president came under congressional and public scrutiny, and he later resigned in disgrace.