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Miers is the wrong pick (George Will)
Townhall ^ | October 4, 2005 | George Will

Posted on 10/04/2005 7:33:33 PM PDT by jdm

Edited on 10/04/2005 7:41:50 PM PDT by Admin Moderator. [history]

WASHINGTON -- Senators beginning what ought to be a protracted and exacting scrutiny of Harriet Miers should be guided by three rules. First, it is not important that she be confirmed. Second, it might be very important that she not be. Third, the presumption -- perhaps rebuttable but certainly in need of rebutting -- should be that her nomination is not a defensible exercise of presidential discretion to which senatorial deference is due.


(Excerpt) Read more at townhall.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; Miscellaneous; News/Current Events; US: District of Columbia
KEYWORDS: bushisadummysayswill; georgewill; harrietmiers; scotus
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To: sinkspur
Actually Thomas has written a number of opinions. They are oftern concurrences or dissents. They are cogent and brilliant.

Second, being a litigator does not prepare you for writing an antitrust or ERISA opinion. These are very arcane and difficult areas of the law.

161 posted on 10/04/2005 8:27:54 PM PDT by Don'tMessWithTexas
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To: nopardons

yes, it's possible.

But I don't see any democrats with the guts on the judiciary committee to attack a black female who's the daughter of a sharecropper, as well as being ten times smarter than all of them put together.

If they did, it would further destroy the democratic party.

Besides, all that's a really moot point, because GWB didn't even try. You try, you fail, you renominate. And every time you do send up a qaulified, real conservative, it energizes your base and exposes the dems when they try to fillibuster.


162 posted on 10/04/2005 8:28:21 PM PDT by flashbunny
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To: nopardons
Are you seriously claiming that, if Luttig is nominated, it is probable that ALL of the following will occur: (1) Luttig's Senate hearings drag on for over a year; (2) Luttig is rejected by the Senate; (3) the next nominee, if conservative, is also held up for a year; (4) the next nominee is rejected; (5) O'Connor gets fed up and leaves the Court with only 8 members; and (6) the Dems win the presidential election in 2008 and get to select the next nominee. I'll take that bet.

Wow.

163 posted on 10/04/2005 8:28:53 PM PDT by Texas Federalist (Republican senators please Bork Harriet Myers!!!!)
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To: jdm

This will get George on every lib TV and radio show. Probably some rep shows too. How important it will make him feel.


164 posted on 10/04/2005 8:29:21 PM PDT by Hattie
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To: SandyInSeattle

OK...but the Republicans will be throwing softballs, and the Dems will be asking about abortion, and Miers won't be answering those questions. I don't think we will learn much. Why nominate someone with no paper trail? Why run from the fight? Roberts was the "stealth" nomination with good qualifications...why an even "stealthier" nominee with unknown judicial qualifications? She should have been 4th string at best. Lazy nomination by GW.


165 posted on 10/04/2005 8:29:53 PM PDT by Drago
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To: T.Smith

Oh... are you the President's psychologist? Then maybe you'll replace Dr. Carmona as Surgeon General.

PUH_LEEZE!! You can disagree without accusing the president of such base motives.


166 posted on 10/04/2005 8:30:01 PM PDT by DLfromthedesert (Texas Cowboy...you da man!!)
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To: sinkspur

Why the need to put down Thomas as if that advances your case for Miers. He was not only a federal appellate judge, but he was EEOC chairman, a solid conservative in that post, and a well-known entity in the administration. Now, if you have some record on Miers you want to share, do it. But don't dump on Thomas.


167 posted on 10/04/2005 8:30:39 PM PDT by holdonnow
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To: jdm
Elitist - n. Anyone who's not a self-satisfied philistine like me.
168 posted on 10/04/2005 8:31:19 PM PDT by Revolting cat! ("In the end, nothing explains anything!")
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To: jdm

George Will may not have the resources to run for President (if he even ever wanted to)."

"There's a reason things happen."


169 posted on 10/04/2005 8:31:22 PM PDT by MikeHu
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To: All
The only things sure about this nomination are:

1) None of US has a vote on this.

2) Re-reading this in 10 years, about half of us will sound like geniuses and the other half like idiots.

170 posted on 10/04/2005 8:31:23 PM PDT by Leroy S. Mort
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To: SandyInSeattle
"I find it really amusing (NOT) that so many people on this board presume to know what President Bush is thinking and why he does what he does." That's pretty arrogant.

I find it more arrogant that the President would ask us to appoint someone to a lifelong post on the High court based upon his personal relationship with the nominee and little else. How are we supposed to plump those depths to confirm his judgement of her; we do not have the personal knowledge and context that he claims to have.
171 posted on 10/04/2005 8:31:23 PM PDT by ARCADIA (Abuse of power comes as no surprise)
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To: Owen
This lady is was a gun owner.

So's Dianne Feinstein.

172 posted on 10/04/2005 8:31:28 PM PDT by SpringheelJack
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To: gortklattu
I'm reading that she is a constitutionalist who will not legislate from the bench.

Are you reading this from her Court decisions? Is this something you've gathered from a careful analysis of Law Review articles she has authored?

Or are you reading what's been said in press conferences and releases? Or worse, opinions of other Freepers?

173 posted on 10/04/2005 8:31:31 PM PDT by TontoKowalski
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To: SandyInSeattle

Exactly what I was thinking. Everyone is going to be so polarized that they can't or won't change their minds about her or give her a fair chance.


174 posted on 10/04/2005 8:31:53 PM PDT by AUsome Joy
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To: wolf24

You know these guys would like to purge anyone who dares to disagree with this nominee out of the GOP and the conservative movement. They will only embrace you if you bless this nomination and implicitly trust the President. They do not realize it, but they are the true threat to conservatism.


175 posted on 10/04/2005 8:31:59 PM PDT by Don'tMessWithTexas
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To: sinkspur
And Miers is a marginally qualified pick who has been selected for other reasons. But, as long as she votes with Scalia and Thomas, I could care less what her "scholarship" produces. I'm sick to death of the American bar lecturing to me for my own good.

Really: how do you know she will?

Do we have any law review writings? Bench decisions? Anything whatesoever to give us any clue to her jurisprudential philosophy and grasp of the kinds of issues and cases that regularly come before the court?

Even with Roberts we had something to go on.

With Miers, there's nada except Dubya's word.

I think it's asking a lot. Especially for those of us who worked and gave money to elect this administration with the Court as our chief concern.

I don't think she's Souter 2.0. I do think there's no reason to be certain she won't be O'Connor 2.0 or Kennedy 2.0. The pressure dragging justices to the left on the Court is tremendous. Can Miers resist?

Frankly, I have no idea. I'd have a better idea if I had something to go on besides Bush's word regarding his longtime lawyer.

176 posted on 10/04/2005 8:32:56 PM PDT by The Iguana
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To: Revolting cat!

I think elites are people who say "trust me."


177 posted on 10/04/2005 8:33:05 PM PDT by holdonnow
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To: The Iguana
Either an extensive academic career or an influential stint on the federal bench - preferably the appeals court - or both. I don't think that's so much to ask.

Well, William Rehnquist had neither qualification when he assumed his post over 30 years ago. He was an Assistant Attorney General, but that doesn't involve much legal scholarship.

Look, I know you're unhappy with this nomination. Lots of folks are. If you want to tell your Senators to vote against Miers, go ahead. I suspect, if they're Republican, they will vote for her, regardless. I know mine, John Cornyn and Kay Hutchison, have already announced their support. Cornyn knows Harriett Miers. Well. And he is enthusiastic about her.

178 posted on 10/04/2005 8:33:07 PM PDT by sinkspur (Breed every trace of the American Staffordshire Terrier out of existence!)
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To: Don'tMessWithTexas

Yup.


179 posted on 10/04/2005 8:33:15 PM PDT by Black Tooth (The more people I meet, the more I like my dog.)
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To: TontoKowalski

"Are you reading this from her Court decisions?"

Kennedy was conservative, based on his decisions--and then he "grew."

"Is this something you've gathered from a careful analysis of Law Review articles she has authored?"

She stated that the 2nd Amendment is an individual right in one of those articles. That's WAY more than we've gotten out of anybody since Louis Brandeis!


180 posted on 10/04/2005 8:34:02 PM PDT by BeHoldAPaleHorse
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