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WSJ: Harriet Miers - Finally, a Supreme Court nominee who understands real people.
Wall Street Journal ^ | October 5, 2005 | JOHN CORNYN

Posted on 10/05/2005 5:10:11 AM PDT by OESY

Although the ink is still drying on her nomination, the president's selection Monday of Harriet Miers to replace Justice Sandra Day O'Connor has already been met with praise from senators on both sides of the aisle. As one would expect, her nomination has also been met with questions by those who do not yet know her. But those of us who do know and have worked with Ms. Miers think very highly of her, and we believe she will make a valuable contribution to the Supreme Court.

Nonetheless, some have criticized the president because he did not select an Ivy-League-credentialed federal appeals court judge for the open seat. I think this criticism is misplaced. For one thing, there is no evidence that service on the federal court of appeals is a prerequisite for distinguished service on the Supreme Court: 41 of the 109 justices who have served on the Supreme Court had no judicial experience at all when they were nominated. These include several luminaries from the school of judicial restraint, including the late Chief Justice William Rehnquist.

Furthermore, Harriet Miers's background as a legal practitioner is an asset, not a detriment. She has spent her career representing real people in courtrooms across America. This is precisely the type of experience that the Supreme Court needs. The court is full of justices who served as academics and court of appeals judges before they were nominated to the bench. What the court is missing is someone who understands the consequences of its decisions on the American people....

The court is dangerously out of touch with America. Ms. Miers will help bring it back down to earth.

Ultimately, I think some people are uneasy about Harriet Miers because they are unfamiliar with her....

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


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Editorial; News/Current Events; Politics/Elections
KEYWORDS: bush; cornyn; croyism; miers; oconnor; scotus; supremecourt
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To: OXENinFLA

If W likes her, I like her.


21 posted on 10/05/2005 5:42:16 AM PDT by bitt (THE PRESIDENT: "Ask the pollsters. My job is to lead and to solve problems. ")
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To: OESY

I think the first, negative, knee-jerk reaction to the nomination on the part of Freepers was due to the fact that we were spoiling for a fight. I know I was.

I was ready for a Luttig-type nominee, an in-your-face Conservative that would provoke a monumental Senate battle, a filibuster and ultimately, the nuclear option.

Cooler heads have prevailed. The opportunity exists for us to get a lower-profile-Luttig type, without the same credentials, to be sure, but philosophically equivalent.

And all this, hopefully, without a fight.

Some thought should also be given to preserving the filibuster on judicial nominees. The Democrats have already painted themselves into a corner with their obstructionism; they've filibustered so many nominees that the country would back the nuclear option.

However, if we can "stealth" a nominee through, (an evangelical Christian, no less), without provoking the filibuster that Luttig might have prompted, we preserve the right for Republicans to filibuster at some point in the future(and may that day never come)when WE need to do it.

Perhaps I'm ascribing too much cleverness to the President and his staff with this scenario, but assuming Miers is what the Pres says she is, the shoe fits.


22 posted on 10/05/2005 5:42:40 AM PDT by StatenIsland
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To: OESY
Both Texas Senators, each a conservative republican who occasionally disagrees with President Bush, have endorsed Harriet Miers based upon their own personal knowledge of her.

I am a conservative Texan who has closely followed the careers of each of the Texas Senators. Their opinions about Harriet Miers merit our strong consideration, before we discard her as an inappropriate choice.
23 posted on 10/05/2005 5:43:05 AM PDT by LOC1
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To: OESY
Just hope she understands the Constitution

I still remember Walter Williams quote " The Constitution is NOT written in hieroglyphics "
24 posted on 10/05/2005 5:48:45 AM PDT by uncbob
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To: traderrob6

Sen Cornyn is a good conservative. I think the GOP should consider him as a candidate in '08.

Regarding Reid and Leahy, I have to wonder if they knew Ms Miers was pro life and a fundamentalist Christian when they suggested her as a candidate for the court.


25 posted on 10/05/2005 5:56:30 AM PDT by TNCMAXQ
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To: TNCMAXQ

I suspect that the Dims did not do their homework on this one. Look for them to crawfish as time goes on.


26 posted on 10/05/2005 5:58:25 AM PDT by traderrob6
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To: StatenIsland

Very well said...couldn't have said it better myself. Agree with your assessment totally.


27 posted on 10/05/2005 6:00:33 AM PDT by nfldgirl ("I love a good rant every now-n-then!")
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To: OXENinFLA

I didn't get your ping in time to listen to Rush on Bennett. Can you (or anybody) please recap the highlights? thanks.


28 posted on 10/05/2005 6:22:14 AM PDT by prairiebreeze (Take the high road. You'll never have to meet a Democrat.)
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Comment #29 Removed by Moderator

To: OldFriend

You left out that decision about Eminent Domain that 5 of these towering intellects on the Supreme Court who are so "well versed in Constitutional law" ruled on.


30 posted on 10/05/2005 6:30:00 AM PDT by Carolinamom (Weeping may endure for a night, but joy cometh in the morning......Psalm 30:5)
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To: prairiebreeze

It was about the same as what he said on Greta last night.

http://thepoliticalteen.net/2005/10/04/rushongreta/


31 posted on 10/05/2005 6:44:01 AM PDT by OXENinFLA
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To: carradine

Carradine;

Do you think that a high-profile nominee would have turned around a number of Republican Senators, a la DeWine, Voinovich, et.al. besides the usual Liberal/Republican suspects? That's one of the fears I had - what an embarrassment that would have been.

Is it possible the White House didn't want to risk such an embarrassment?

This really is a twisted psycho-game, isn't it? My guess is that before this is over, we'll be defending Miers, and it just may be possible that we'll be looking at a filibuster, anyway. She may turn out not to be as "stealth" as I thought.

Do you think the Republicans use the nuclear option on a nominee like Miers, if it comes to that?

Or do they move on and ask the President for another nominee?


32 posted on 10/05/2005 6:46:22 AM PDT by StatenIsland
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To: OXENinFLA

I just heard Lott on FOX..he says he's NOT happy with her nomination..... and this is how he wants to gets back into the senate leadership?


33 posted on 10/05/2005 6:48:00 AM PDT by ken5050 (Ann Coulter needs to have children ASAP to pass on her gene pool....any volunteers?)
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To: OESY
The court is full of justices who served as academics and court of appeals judges before they were nominated to the bench. What the court is missing is someone who understands the consequences of its decisions on the American people....

This is a good point. We could use a truck driver or a nurse on the US Supreme Court. Diversity is not just gender or ethnicity or color; it also includes people's backgrounds and occupations.

IIRC, the US Constitution does not require judicial background for Justices.

34 posted on 10/05/2005 6:56:25 AM PDT by george wythe
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To: Carolinamom
Kelo for the people!

Yes, we the people, can go to hell, they know so much better what is right for us.

35 posted on 10/05/2005 7:03:32 AM PDT by OldFriend (One Man With Courage Makes a Majority ~ Andrew Jackson)
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To: ken5050
Lott has bashed the President in his book. Bashed the President for allowing the storm to wash away his house, and now this too!

He's been a pariah to most on the right, but now he'll be their hero.

36 posted on 10/05/2005 7:04:57 AM PDT by OldFriend (One Man With Courage Makes a Majority ~ Andrew Jackson)
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To: george wythe
Harry Truman owned and operated a men's clothing store before he got to congress.

He had more courage than any other President in history.

Doubtful any President in the future would have dropped the bomb to end the war and save American lives.

37 posted on 10/05/2005 7:06:23 AM PDT by OldFriend (One Man With Courage Makes a Majority ~ Andrew Jackson)
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To: traderrob6
What a nonsensical statement. Here's the record:

He was kidding.

38 posted on 10/05/2005 7:33:59 AM PDT by Not A Snowbird (Official RKBA Landscaper and Arborist, Duchess of Green Leafy Things)
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To: Mamzelle
re: Nonetheless, some have criticized the president because he did not select an Ivy-League-credentialed)))

Some people don't go to ivy league or top 10 law schools because they simply can't afford it.

The truth is that the education you get at a top law school is that much better than what you get at a lesser school. Law schools really are considered more evaluative than educational by Firms. If you see someone got into Yale, that confirms to you they have brainpower and ability. Sort of the stamp of approval. The value is the name and screening process to get into the school -- not the education you get once inside.

If someone chooses to apply to a "lesser" school, that does not mean that they lack the qualifications to go to a top school. Miers went to a Texas school. Perhaps she wanted to be close to her family, or a boyfriend, or it was simply cheaper. That's the way it works sometimes in the real world.

39 posted on 10/05/2005 7:39:38 AM PDT by XJarhead
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To: XJarhead
I don't know why you've addressed this to me--I happen to think this Ivy criticism is bogus. Reread my post. Cronyn is trying to charge opponents to Miers with snobbery, when the opponents are highly likely to snear at Ivy elites. I don't think Cronyn even believes it--just a good way to demagogue.

But I'll address your comment. Many law students discover that they would be much better off NOT going to a big name school. All that counts in the hiring of graduates is class ranking and law review. IOW--ninety percent of the student body exists to support the upper ten percent. Law firms ignore the rest of the grads. This is true even in "lesser" law schools. Therefore, you've got a better shot at a better job if you choose a law school not so highly ranked where you have a better shot at being in the top ten.

It'd be amusing to see the lower ninety just drop out of school once they know they're not going to be in the top ten. That'd show the law school faculty...

I'd like to see our law schools cut down to ten percent capacity, anyway. Who needs all these lawyers? It's a pestilence!!

40 posted on 10/05/2005 7:46:12 AM PDT by Mamzelle
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