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Miers is dead in the water
Town Hall ^ | 10/06/05 | Laura Hollis

Posted on 10/06/2005 7:15:47 PM PDT by jdhljc169

Today's Chronicle of Higher Education has a story that describes Supreme Court nominee Harriet Miers' involvement with a lecture series at her alma mater, SMU Law School. The inaugural lecturer? Gloria Steinem. I've played these games in law schools, and this story sends up red flags for me. Here's my take on it ...

I was reserving judgment, but after having read the Chronicle article (and given conservatives' skittishness about her already), I think she's a non-starter. Miers may be a very nice person - and by all accounts she is. But she has never served as a judge, and while I do not think that an attorney must have been a judge in order to be an excellent justice, I do think that if you want to be certain of a nominee's views on the proper role of the judiciary, you better have seen them in action as a judge.

We haven't. And absent that, we must look to other events in Miers' professional life to ascertain her perspective. To that end, the Chronicle article is instructive:

In the late 1990s, as a member of the advisory board for Southern Methodist University's law school, Ms. Miers pushed for the creation of an endowed lecture series in women's studies named for Louise B. Raggio, one of the first women to rise to prominence in the Texas legal community ...Ms. Miers, whom President Bush announced on Monday as his choice to fill the Supreme Court seat being vacated by Justice Sandra Day O'Connor, not only advocated for the lecture series, but also gave money and solicited donations to help get it off the ground ... A feminist icon, Gloria Steinem, delivered the series's first lecture, in 1998. In the following two years, the speakers were Patricia S. Schroeder, the former Democratic congresswoman widely associated with women's causes, and Susan Faludi, the author of Backlash: The Undeclared War Against American Women (1991). Ann W. Richards, the Democrat whom George W. Bush unseated as governor of Texas in 1994, delivered the lecture in 2003.

Having served on the faculties of three law schools, I can tell you that if you are an academic of the conservative political persuasion, this is the way you play the game: you call things by the terms the liberal academic establishment uses ("Gender Studies," "Women's Studies," etc.) and then you bring in lecturers and provide content that challenges their prevailing "wisdom."

There must be dozens -- hundreds -- thousands -- of conservative female attorneys, politicians, pundits and successful business owners in this country who would be wonderful role models for female SMU law students. If Miers pushed for the creation of a lecture series to honor Texas' first and finest female attorneys, and the series brought in the likes of Steinem and Faludi, then I know as much as I need to know about this woman.

Stick a fork in her. She's done.


TOPICS: Miscellaneous
KEYWORDS: harrietmiers; harrietthemere; miers; scotus
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To: paulat

Yup, slipped there -- I've let the cat out of the bag. I confess, I think we should wait until the hearings to pass judgment.

Of course, I've been saying that all along. Seriously, I believe that Bush knows Miers much better than Reagan knew O'Conner. And I trust the people who are vouching for Miers more than I would have trusted the people quoted in 1981 supporting O'Conners.

Still, it is quite true that Miers could turn out worse than O'Conner. But realise that O'Conner is one of those who had a track record that many lament Miers lacked. Track record has not been a perfect predictor of the court.

My opinion on Bush's selection is that he desperately wants to avoid another "Souter". And in the end, he just couldn't bring himself to trust any of the other names on the list NOT to turn into a souter, even though we are all certain they would not. So he picked the most qualified person he knew who he also knew would NOT be a souter.

And while she might be a lighweight, I'm not as concerned about that as others. If Roberts is good, and not evil, I think that Roberts/Scalia/Thomas triumverate will keep her on the straight and narrow.

But I don't know that, and I am scared, and nervous, and wish he had picked somebody else I didn't know but whom all my friends here would have told me was a great pick (I mean that seriously although it sounds not). But I'm not going to start cutting myself before I know there's a reason.


361 posted on 10/06/2005 11:00:32 PM PDT by CharlesWayneCT
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To: flashbunny

When one cannot defend their points they won't get very far and when one starts bringing up Hamilton they are not going to be able to use him falsely when I am around.

He failed miserably in his attempt.


362 posted on 10/06/2005 11:00:52 PM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: Soul Seeker

Again I addressed your action, admonished...i said you were gossiping...not called you a name..'gossip'....there is a difference...but I have said my apology....and will say it again. I'm sorry.

Will say this though...you will have me worried if Meirs says she likes Warren cuz of the Roe vote....in light of other info, i strongly suspect that is not the case....look at all the info together...

Cheers SS.


363 posted on 10/06/2005 11:01:13 PM PDT by griffin
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To: CharlesWayneCT
But I'm not going to start cutting myself before I know there's a reason.

I'm with ya there, hon. Take care...I'm out for the nite. I hope to talk to you again soon.

364 posted on 10/06/2005 11:04:58 PM PDT by paulat
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To: SpringheelJack

There have been no substantial attacks launched just expressions of hurt feelings. If you think a twenty year relationship with the President is irrelevent I can't change your mind. I see it as very important far more so than the popularity based on mythology which seems to drive the opposition here. There is little real personal knowledge of the judges who are praised here only reiterated conventional knowledge.

Lessons from a life of work with someone is far more revealing than a speech or ruling or recommendation.


365 posted on 10/06/2005 11:04:59 PM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: Soul Seeker

"You declared me a gossip for referencing a news publication."

Actually i called your action gossip and hypothesising based on the inference you made....not your quote from the news story.


366 posted on 10/06/2005 11:05:00 PM PDT by griffin
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To: griffin
High thought is good, but I guess the founders didn't think it critical cuz they didn't put it in like they did for other offices...wonder why?

You know you're right. The constitution doesn't say that one needs to be competent to qualify as President. Must mean it'd be pretty unfair of me to refuse to cast my vote for someone who isn't.

367 posted on 10/06/2005 11:05:06 PM PDT by SpringheelJack
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To: CharlesWayneCT
The important number is 50 pro-life senators. Until we have 50 senators on our side who really want roe-v-wade reversed, we will have to play this kabuki dance.

Did we have 50 when Thomas was confirmed? I believe we had only 43 Republicans total at the time.

368 posted on 10/06/2005 11:07:11 PM PDT by TUAN_JIM (Sic Semper Tyrannis)
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To: flashbunny

Thanks for the additional info, and the correction. If you knew a person of another faith, it may be reasonable to pass something by them. Since I don't know the relationship of this anonymous person to Ken, I can't know whether the circumstances were ripe.

And since I didn't see the card in question, it is hard to discuss how non-PC it was.

I guess I was reacting from the viewpoint that Miers had made a reasonable call, which led me to the conclusion that if someone told me a card was offensive to others, I probably wouldn't take it to someone who would be offended to ask. Kind of like they tell us that if we hear an off-color joke, but aren't sure of it, we shouldn't go do someone we think could be offended and ask if it offends them.

Like I said, if Ken was a friend, it was rational to talk to him, and I don't know the circumstances, so I apologize for the tone of my statement.


369 posted on 10/06/2005 11:08:42 PM PDT by CharlesWayneCT
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To: SpringheelJack

"I'm looking for anything to judge her. There's nothing!"

True Christians follow their heart for Christ and His commands the best they can in everything they do..I think there is good evidence of her heart nature....and being a true Christian, it will affect her world view, which will influence her view of tne role of government and the purpose of the Constitution. By design Christianity and the Constitution are complimentary...a near perfect match.


370 posted on 10/06/2005 11:10:18 PM PDT by griffin
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To: griffin

And I state that is not gossip.

It was a report from a national news organization.

I doubt she'll state the R v W decision, if the discussion occured, is the reason she prefers him no matter her opinion on R v W to be honest. But then I will also state I don't think necessarily liking this Justice means she supports R v W., merely that it would raise questions as to why he is her chosen.


371 posted on 10/06/2005 11:10:31 PM PDT by Soul Seeker (Barbour/Honore in '08)
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To: griffin

Judge me as you see fit, I deny the charge and have defined why I disagree with your assessment.

My conscience is clear.

And this line of discussion is over.


372 posted on 10/06/2005 11:13:04 PM PDT by Soul Seeker (Barbour/Honore in '08)
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To: griffin

I'm not a Christian, so that doesn't move me that much.


373 posted on 10/06/2005 11:13:11 PM PDT by SpringheelJack
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To: SpringheelJack

It may be the only reason she is here, but I obviously don't know it, or I wouldn't have listed all her other qualifications.

I believe that for every person on the court today, there was somebody available at the time that was every bit as qualified as they were, but simply weren't known to the person making the pick.

In this case, we know that high on the list of "qualifications" for this job is a strict adherance to judicial restraint, and a surety that this position will not change over time. In fact, for many of us that is the MOST IMPORTANT qualification, more important than any knowledge of the law.

I say that because philosophy is not something you learn, it is something that is a part of you. If Miers is smart, and every indication is that she is a bright person (but we'll learn that in questioning), she can LEARN about the finer points of the constitution. She can ask the more experienced members of the court.

For that qualification of course, the only thing we can say is "Bush knows her and says she won't change".

And he "knows" that because of his closeness to her.

I'm probably repeating myself, so I'll stop here.


374 posted on 10/06/2005 11:13:42 PM PDT by CharlesWayneCT
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To: TUAN_JIM

And it still shocks me he got through. Of course, he never would have made it today. After all, he only got 51 votes, and the surely would have slapped a filibuster on him. And I'm just as sure that the senators we have now would NOT have broken a filibuster for him.

That is just my opinion.


375 posted on 10/06/2005 11:22:20 PM PDT by CharlesWayneCT
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To: SpringheelJack
"You know you're right. The constitution doesn't say that one needs to be competent"

Your words, not mine. If high academic thought and competency are synonymous in your vocabulary as it relates to requirements of SC justices, that is your call...but don't put words in my mouth. However, if that is your view I would make the observation that it is not in agreement with the constitution .

That reply was silly. Good night.
376 posted on 10/06/2005 11:23:51 PM PDT by griffin
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To: justshutupandtakeit

"The litmus test is only 5% of the population would support her"

Lucky for us it is not an elected position then! Nor did the founding fathers intend for it to be....and for good reason.

Now if only we could eliminate senate elections....


377 posted on 10/06/2005 11:28:14 PM PDT by griffin
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To: Soul Seeker

No judgement was made dear.....don't go away angry.....just go away. :P


378 posted on 10/06/2005 11:31:09 PM PDT by griffin
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To: Virginia Queen
"W" picked her, "W" wants her and this IS his dance to arrange, not yours or mine. She is not done until "W" says so.

Screw that! He's not King, and he'd be well advised to reflect on what happened to the last King of the colonies.

379 posted on 10/06/2005 11:32:23 PM PDT by Hank Rearden (Never allow anyone who could only get a government job attempt to tell you how to run your life.)
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To: SpringheelJack

"I'm not a Christian, so that doesn't move me that much."

Well it should a little if one of your fears is a souter repeat. If she is a true Christian at least you know where she stands, education and law experience aside.


380 posted on 10/06/2005 11:33:39 PM PDT by griffin
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