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October 03, 2005

Harriet Ellen Miers

Talk about cronyism! Still, not much is known about Harriet Miers, the President's choice to replace Sandra Day O'Connor on the Supreme Court. I suspect that she is a moderate (that's not always a good thing) because even Democrats had suggested her. From Yahoo/AP:


Her lack of a judicial record makes it difficult to determine know whether Miers would dramatically move the court to the right. White House officials, who revealed Bush's pick on condition of anonymity because they were not authorized to pre-empt the president, said Miers is conservative enough to satisfy the president's supporters and does not have a lengthy legal record that could embolden Democrats.

Senate Minority Leader Harry Reid, D-Nev., had urged the administration to consider Miers, two congressional officials said.

[...]

Both Democratic and Republican senators recommended Miers as a possible nominee, White House officials said. Senators also suggested that Bush consider picking someone who was not a judge so the bench would be flush with justices from all walks of life.

"Harriet Miers, like Justice O'Connor, has been a trailblazer and a pioneer," said Rick Garnett, a law professor at Notre Dame and former law clerk to the late Chief Justice William H. Rehnquist. "Like Justice O'Connor, Ms. Miers has broken through barriers in the law, serving as a leader and role model, and impressing everyone with her decency and her sharp intellect. She would be a worthy and appropriate successor to Justice O'Connor, and would carry to the court a commitment to constitutionalism, judicial restraint, and the rule of law."


Once again Bush throws a curve; someone without much of a "paper trail" who doesn't seem an idealogue. From the LA Times:

Miers, 60, has a string of firsts on her resume that track her quiet but steady march to the top echelons of power: first woman hired by her law firm in 1972, first woman president of the Dallas Bar Association in 1985, first woman president of the Texas State Bar in 1992, first woman president of her law firm in 1996.

Card, in a 2003 interview with the publication Texas Lawyer, said Bush's affinity for Miers is clear in the frequent invitations she receives to visit the presidential retreat at Camp David, "a privilege that is not enjoyed by a lot of staff."

"She's a quiet, highly respected force and someone who is seen as not having any agenda other than the president's," he said.


Yeah but does she support the Second Amendment?

David Codrea at the War on Guns thinks she's a bad choice according to her support of some gun control programs.

Update: She supported Al Gore, according to Drudge. Al Gore was a very anti-2A and supported a national license and universal registration. I'm getting a bad feeling about Miers. So are other conservatives and this could be a case where the Democrats support her and the Republicans are the ones to scotch her nomination. Bush did bad here.

Update 2: Todd Zywicki is almost scornfull:


Put another way, looking at Miers resume, I can see nothing in her career or her resume to suggest that she has ever thought in any meaningful manner about larger questions of law. She went to a perfectly good law school, but during an era where it is hard to believe that she was thinking much about larger questions of law. She had a distinguished legal career, but from all appearances, one in which she would have rarely had the opportunity or inclination to think seriously about the Court or its role in American society. In private practice, she proved herself most distinguished, it appears as an administrator and manager at her law firm--useful skills, but different from those needed on the Court. Her practice at the various iterations of the Lidell firm in Texas appears to be a conventional trial litigation practice. Finally, her primary responsibility during her time working in Washington has been as a Staff Secretary--again doing management and administration, not intellectual heavy-lifting. There is simply nothing in her background to suggest that she will exert any intellectual leadership inside or outside the Court. At least Roberts, as a lawyer was engaged in the big intellectual issues of the day, even if his judicial philosophy is more incremental than systematic.

At the very least, she will have a heck of a lot of learning to do and will be forced, at the age of 60, to think about many, many difficult issues that she has never confronted in her entire life. I suppose it is possible for a 60 year old to start what amounts to a completely new career and learn a completely new set of skills for the first time, but.... She hasn't even been practicing law for many, many years, but rather serving in either policy or administrative roles. At the very least, if she is to ever exercise any intellectual leadership of the there is going to be a substantial learning curve that suggests that it will be several years before she has anything meaningful to say. This in contrast to Luttig, McConnell, Brown, Jones, Batchelder--well, at least 100 other people who are at least as well-qualified, but who would not need on-the-job training. It is really quite difficult to imagine that she will ever be in a position to exercise any substantial intellectual leadership of the Court.


Might I suggest that a hundred years from now the history books will record that Bush accomplished almost nothing during his eight years in office other than waging an ill-thought-out (or rather, poorly planned) war. Can anyone think of one policy initiative of his that will be remembered a century hence?

Keep in mind that I voted for him but only because I couldn't possibly vote for Gore or Kerry, both of whom would have ruined the country and turned it into a member state of the socialist EU. In addition, both were hopelessly anti-Second Amendment and that is a critical issue for me.

As I said here: "With the Democrats hopelessly mired down in left-wing special interest politics and the Republicans apparently falling apart at the seams, maybe it's time for an intelligent 3rd party candidate to start planting seeds for 2008. By then, moderate America might welcome a change from having to choose between the usual idiots the two standard-bearer parties nominate. I sure would..."

Update 3, this on bearing arms: Time magazine has a snippet of her writings, including this... The first paragraph is the Time reporter and the second is from her writings (and I further indented it):


In 1992, in Texas Lawyer, while President of the state bar, Miers wrote about the effect on the criminal justice system of an episode in a Fort Worth courthouse, where in July of that year, a man angry about his divorce went on a shooting spree, killing two lawyers and wounding two judges and a prosecutor before surrendering at a TV station:

"The same liberties that ensure a free society make the innocent vulnerable to those who prevent rights and privileges and commit senseless and cruel acts. Those precious liberties include free speech, freedom to assemble, freedom of liberties, access to public places, the right to bear arms and freedom from constant surveillance. We are not willing to sacrifice these rights because of the acts of maniacs."


It's not much and it's from 1992. The philosophy is sound, though.

Posted by Jeff Soyer at October 3, 2005 08:48 AM
Comments

The Stupid Party strikes out again.

Posted by: Kristopher at October 3, 2005 11:37 AM

I usually figure that I prefer the stupid party to the evil party, and it still holds true... but isn't the reason you are supposed to hope that, at the least, they get it over the other party is so they can nominate a judge that at least has a chance of being a strict originalist?

WHY DOES HE KEEP NOMINATING THESE ... UNKNOWNS!!! Makes me sick, I want to see him nominate someone who will have the revisionist democrats FROTHING AT THE MOUTHS WITH ANGER.

Man this pisses me off.

Posted by: Windaria at October 3, 2005 12:57 PM

In 1988 Al Gore was a much different beast than the Al Gore of the Clinton Gore years or the Al Gore of the Bush Gore season.

Instead of being a loony moonbat gun banner, Al was known as something of a firey conservative southern Democrat. He supported the war in Iraq - to the point that he had moonbats protesting at his Knoxville office rounded up and thrown in jail for a week (one of which was my neighbor) and was pretty good on the 2nd Amendment (as anyone who wanted to win the good ol boy vote was). Of course, this was before Columbine and before the party was snookered by the far left and led to believe gun control was the solution to winning national power.

In addition, in 1988 he was running against uber liberal Michael Dukakis in the Democratic primary. Dukakis went FAAAAAAARRRRRRRRRRRR left to secure victory while Gore took a more conservative approach, hoping to hold together the Dixiecrats and sneak out a win as the more "electable" cnadidate. It didn't work, and so it wasn't surprising to see him abandon that position 12 years later.

Still, my guess is most people would be pleased with Al Gore circa 1988.

Posted by: countertop at October 3, 2005 04:21 PM

As far as Todd's angry missive - as much as I like his writings, he is a law professor. Conservative or liberal, I think the Ivory Tower still holds itself up too high - regardless of what they think, their S**T stinks too.

All the reasons Todd lists to be concerned about her seem like the petty bickering of a law professor with a very limited and narrow view of the world around them - heck, these are the same people (Todd isn't, he was rightly outraged, but I am speaking about law professors generally) who didn't understand why Kelo was so outrageous - not based on property rights but based on the fact that the court had been moving in that direction for years.

I think the fat that she has been in the real world applying the law - and NOT in the Ivory Tower thinking about weird hypotheticals and worrying about making sure everyone is happy - is one of the most refreshing aspects of her nomination.

Now, I still don't know if I like her or not, but I think most of the blogsphere's reaction is simply another example of the blogsphere jumping the shark.

Posted by: countertop at October 3, 2005 04:28 PM

Exactly Countertop. The Supreme Court totally lost me with the Kelo decision. They have no more legal or moral authority than anyone else with an opinion. They basically are 9 people who try to defend their personal opinions with the plethora of case law that is available to defend almost anything. They could care less about the Constitution. We would do just as well to randomly pick 9 people off the street, give them robes and tell them to go to town. Might be better, come to think of it.

Posted by: Yosemite Sam at October 3, 2005 04:44 PM

"Senators also suggested that Bush consider picking someone who was not a judge so the bench would be flush with justices from all walks of life."

All walks, as long as those walks are those used by lawyers. I'd rather have Donald Trump.

As to her not having been a bench-warmer before, neither was John Marshall before plopping down at SCOTUS. I can never get GOOGLE to do what I want it to, so I won't even attempt to check, but I do think some other past members of SCOTUS were not moved up from other thrones, and that one was not even a lawyer.

Posted by: John Anderson at October 3, 2005 07:14 PM

Rather have Donald Trump... NOW THAT IS AN IDEA! At least, he despises the government interfering with business and all, so that may work out well... oh well.

I don't really mind her lack of experience. Most lawyers and judges are brainwashed to believe that what they say is law (no, they are just supposed to interpret law to ONE PARTICULAR CASE, the one in front of them).

Additionally, if that is truly the way she believes still, that those rights are not to be touched, then great.

I just don't like the fact that, from everything I have seen, all the wrong people are praising her, and she doesn't seem to be a conservative, or even a traditional (old-style) liberal. She just seems too much like a modern liberal working for a modern liberal (with an R next to his name) president, and that is a horrifying thought.

Posted by: Windaria at October 3, 2005 08:40 PM

Miers may have donated to Gore in 1988, but she's donated the maximum to Bush the last 5 years running. Jeff, you seem to be trying to eat your cake and have it. If you don't feel jazzed about the 1992 quote WRT 2A you mention in your update 3, you shouldn't be too upset about the Gore support, either.

Posted by: Rick C at October 3, 2005 11:50 PM

Actually, update 3 is my glimmer of hope that she IS pro-2A. The problem is just that that is all I could find so far on the web supporting that hope.

Posted by: Jeff Soyer at October 4, 2005 05:03 AM

So what if she has? Not like Bush is all that conservative either...

But here is something horrifying:

http://www.wnd.com/news/article.asp?ARTICLE_ID=46641

Supports the International Criminal Court. Well... fun, an internationalist. There goes her chances of being a strict originalist.

Posted by: Windaria at October 4, 2005 10:11 AM

If you actually follow the WND link you see that she pretty much had nothing to do with the International Court Recommendation. Sure, the ABA recommended it, but there are millions of lawyers in the ABA. She wasn't listed as the contact - or the supporter of it - she was simply an active ABA member at a time when a committee of the ABA recommended the court.

Posted by: countertop at October 4, 2005 11:14 AM
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