Lame Duck?

Harriet Miers is probably a fine person, but I'm really disappointed that President Bush chose her for the open Associate Justice position on the Supreme Court. From her lack of a paper trail, it is obvious that Miers was chosen to avoid a fight with the Senate Democrats. This can only be viewed by them as weakness on the part of Bush. Is the Bush administration officially a lame duck? One hopes not, but an administration that doesn't seem to want to fight it's opponents is not likely to get anything done.