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HARRIET MIERS WRITES -- YEESH
National Review Online -- The Corner ^ | October 8, 2005 | John Podhoretz

Posted on 10/08/2005 8:52:39 AM PDT by JCEccles

The lovably irascible Beldar, the Texas trial lawyer who is one of the two people on earth hotly defending the Miers nomination (the other being our buddy Hugh Hewitt), has posted a convenient link to articles written by Harriet Miers during one of her stints as a bar association honcho. He did this in part to address a charge I made on Hugh's show that Miers shouldn't be taken seriously because over the past 30 years of hot dispute on matters of constitutional law she hadn't published so much as an op-ed on a single topic of moment. Thank you, Beldar. But you shouldn't have. I mean, for Miers's sake, you really shouldn't have.

Miers's articles here are like all "Letters from the President" in all official publications -- cheery and happy-talky and utterly inane. They offer no reassurance that there is anything other than a perfectly functional but utterly ordinary intellect at work here.

Let me offer you an analogy. I was a talented high-school and college actor. I even considered trying it as a career at one time. As an adult, I've been in community theater productions (favorably reviewed in the Virginia local weekly supplement of the Washington Post, yet!) and spent a year or so performing improv comedy in New York. I'm a more than decent semi-pro. But if you took me today and gave me a leading role in the Royal Shakespeare Company where I would have to stand toe to toe with, say, Kenneth Branagh, Kevin Spacey, Meryl Streep, Kevin Kline and others, I would be hopelessly out of my depth. I would be able to give some kind of performance. But it would be a lousy performance, a nearly unwatchable performance.

Would that be because I hadn't acted at their level for a few decades? Would it be because I don't really have commensurate talent? Who knows? Who cares? I would stink. And based on the words she herself has written -- the clearest independent evidence we have of her capacity to reason and think and argue -- as a Supreme Court justice, Harriet Miers would be about as good.


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: beldar; elitism; elitist; harrietmiers; johnpodhoretz; miers; podhoretz; scotus; snob
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To: All

By the way, folks, take a moment and review the US Constitution -- specifically Article 3 -- and observe that Harriet Miers in no category fails any of the requirements imposed by the Constitution on individuals who might serve as USSC Justice.

She is thus Constitutionally qualified for the position.


61 posted on 10/08/2005 9:35:01 AM PDT by Owen
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To: GarySpFc
It also seems that anyone who has doubts about this nominee is condemned as a "sexist" or an "elitist", and that there is no such thing as legitimate concern as to her qualifications and Constitutional philosophy. Opposing or even questioning the nomination is shouted down as heresy and disloyalty.

Yes....very DU-like indeed.

62 posted on 10/08/2005 9:35:35 AM PDT by clintonh8r (If you don't support the mission, you DON'T "support the troops"!!!)
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To: JCEccles

Read Sowell's column. He has it right... after all is said and done, the only thing that matters is how she votes.

The other important point is that GWB played the hand he had as well as possible. A 'stealth' nominee made the most sense to George, and his assessment of the political reality is certainly far greater than most of us FReepers.

-- Joe


63 posted on 10/08/2005 9:36:36 AM PDT by Joe Republc
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To: hsalaw

Harriet Miers is just a glorified personal attorney and now she is going to be placed on the most powerful court in this country ? Is she an expert on constitutional law (and for the information of the anti-"snobbery" types this is an expert position. It requires an actual knowledge base of every constitutional decision ever made. This isn't your local personal injury lawyer.) ?

The legal profession has objective standards of excellence, like the medical profession or academia or the military. These are hierarchical lifer institutions.


64 posted on 10/08/2005 9:36:48 AM PDT by Sam the Sham (A conservative party tough on illegal immigration could carry California in 2008)
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To: WashingtonSource
I write to defend BOTH John Podhoretz AND Harriet Miers.

First, I have been reading and appreciating Podhoretz' writings for more than a decade. On most subjects and issues, his analyses are precise, effective, and get to the heart of the matter.

That said, I think he is wrong on this particular issue, and for a specific reason. Every trip I make to New York persuades me more that those who live and work in the rarefied atmosphere of that City have a tendency to a specific bias. Unless they fight hard to avoid it, they have the feeling that there is no civilized life in the United States once you get west of the Hudson River, until you get west of San Francisco Bay.

On the subject of Harriet Miers, I draw on my experiences with a lifelong friend who has recently semi-retired from the position as Managing Partner in one of the nation's largest law firms. Consider what it means to hold such a position.

The partners in a large law firm all consist of intellects, egos, and suits. Fortunately, most also have other attributes such as skill, dedication, ethics and such. But those are all variables. Only the intellects, egos and suits are mandatory.

Being the Managing Partner over such a group is therefore one of the most challenging positions that any lawyer can ever face. Only those with great skills are even considered for such a position, much less are given such a position and do it so well that they get that assignment twice. (Read Miers resume for this.)

As a student of the Court and its Justices, there are many who have served on that Court who do not measure up to Miers. Will she be among the greatest ever, like Story, Frankfurter, etc.? That is an open question, and the answer is probably not. Is she qualified to be an Associate Justice, compared to the history of the Court? Yes. IMHO.

Congressman Billybob

Latest column: "Harriet Miers and the 'Pigpen' Press"

65 posted on 10/08/2005 9:36:51 AM PDT by Congressman Billybob (Bush plays chess, while his opponents are playing checkers.)
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To: GarySpFc
AIM says "there's no evidence that [Miers] put her personal stamp of approval on those controversial positions."

Very interesting here - the usual media wars at play here.

66 posted on 10/08/2005 9:37:00 AM PDT by rhombus
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To: Hugin
The Constitution is a simple, straightforward document. You don't need years of training in constitutional law to get it right. You only it to get it wrong.

Have you ever actually read a Supreme Court decision ? Simple and straightforward they often are not. They refer continually to legal precedent (Precedent. That's a very important concept in judicial decisions. That means you have to have spent years of training learning judicial decisions.).

67 posted on 10/08/2005 9:39:18 AM PDT by Sam the Sham (A conservative party tough on illegal immigration could carry California in 2008)
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To: JCEccles
The one thing being consistently overlooked is that Bill Kristol, Pat Buchanan, The National Review staff, Hugh Hewitt, Michael Savage, etc. do not get to vote on her nomination. One hundred prissy, spoiled, egomaniacal Senators do. If Harry Reid, Bill Frist and the Gang of 14 support her, she's probably in.

As for "cronyism", this is one case where the President knowing and trusting someone does count as a qaulification. "Positions" and "views" are not enough. They seem to melt when a lot of Justices get to the Supreme Court.

68 posted on 10/08/2005 9:41:01 AM PDT by Dilbert56
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To: JCEccles
Miers's articles here are like all "Letters from the President" in all official publications -- cheery and happy-talky and utterly inane. They offer no reassurance that there is anything other than a perfectly functional but utterly ordinary intellect at work here.

Is this kind of language supposed to convince us the people attacking Miers aren't being elitist snobs?

69 posted on 10/08/2005 9:42:54 AM PDT by Republican Wildcat
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To: Ernest_at_the_Beach
Yes, I have an opinion. This is an attempt to make her seem like a weirdo.

I happen to have a sister who remains unmarried at the age of 52. She has told me that she probably will never marry. She had two loves in her life who didn't work out, and she has become used to doing things on her own time schedule, without having to consider someone else. She has a lot of nieces and nephews (and now my grandchildren) which she devotes a lot of time to, and she has a very well-treated dog.

She is happy and busy with her work. She is not odd at all, and has a lot of friends.

Since Harriet Miers comes from a large family to whom she is close, I imagine she decided staying single would be easier, especially with the career path she set out. All of this touchy-feely stuff would not be written if she were a man, by the way.

70 posted on 10/08/2005 9:43:19 AM PDT by Miss Marple (Lord, please look after Mozart Lover's son and keep him strong.)
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To: JCEccles

Now we know why the left loves Miers so much. She's in the pocket of trial lawyers. So much for tort reform. Of course we don't need a Constitutional Scholar on the SC to oppose lawyerese. We got our own trial lawyer there to nix any tort reform.


71 posted on 10/08/2005 9:43:23 AM PDT by VRWC For Truth
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To: JCEccles
Podhoretz ----

http://sj.blacksteel.com/

I recommend the silver one.

72 posted on 10/08/2005 9:45:12 AM PDT by beyond the sea (Doctor, my eyes... tell me what is wrong...was I unwise to leave them open for so long)
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To: Miss Marple

Thanks, I figured it was an undercut move.


73 posted on 10/08/2005 9:45:34 AM PDT by Ernest_at_the_Beach (History is soon Forgotten,)
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To: XeniaSt

I am very anti-Miers but I must admit that the fact that neo-cons like Pody, Billy Boy, and the Frummer Boy don't like her makes me wonder if I am on the right side.


74 posted on 10/08/2005 9:47:56 AM PDT by Austin Willard Wright
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To: Ernest_at_the_Beach
More and more I am thinking that the left is going to overplay their hand in this. I hope that those who are opposed to this decision, now that they have all had their say many times over, will be patient and attentive to the hearings.

I will tell you what I think in freepmail. In case my hunch proves to be correct, I don't want any Rats reading it.

75 posted on 10/08/2005 9:48:24 AM PDT by Miss Marple (Lord, please look after Mozart Lover's son and keep him strong.)
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To: rwfromkansas
Pod is willingly ignoring the fact that she HAS written opinion pieces before, most notably on the Second Amendment in which she said it was an individual right and that even in the toughest of times, it should not be restricted!

Ms. Miers never said that.
76 posted on 10/08/2005 9:49:18 AM PDT by Iwo Jima
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To: Travis McGee
How is this different than a king promoting a loyal buddy/vassal to Duke, and awarding him a castle and fiefdom?

Think Henry II and Thomas a Becket.

77 posted on 10/08/2005 9:51:20 AM PDT by vbmoneyspender
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To: MNJohnnie
...has put in writing her clear cut support for the 2nd Amendment as a personal Right...?

Ms. Miers has never said this.

78 posted on 10/08/2005 9:52:48 AM PDT by Iwo Jima
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To: JCEccles

I've read about everything on FR regarding Harriet. There seems to be a group here that conveniently forgets that GOP SCOTUS picks in the past have backfired, that conservatives morphed into moderates or liberals once they settled into the SCOTUS culture.

They betray their sponsor in favor of popularity, a VERY enticing temptress.

To me, this points to a basic human flaw: the fear of social ridicule. A famous study by the military identified the top three human fears: Third was burning to death by fire, Second was drowning, and First was the fear of being laughed at by peers.

These justices are, after all, human. They want, and perhaps need, popularity with the people they meet at social events in DC. They begin to hand down judgments that produce a pat on the head from the media.

It seems to me that the number ONE consideration for a conservative SCJ is their resistance to peer pressure. If they exhibit very little anxiety over being unpopular , there is a higher chance they'll resist morphing into a media-pleasing moderate/lib.

To the extent justice Thomas DOESN'T GIVE A DAMN about his media popularity, he remains an excellent justice. He is slammed by the MSM, black leaders, the Arts, TV, college teachers, you name it, they hate him.

Me, I want more courage like that. If Harriet can say she doesn't yearn for MSM popularity and mean it, she is WAY ahead of Souter, Kennedy, SDO, even most of the GOP faves mentioned on FR.

Courage to endure social ridicule, it is the MOST important trait needed here.


79 posted on 10/08/2005 9:53:44 AM PDT by moodyskeptic (the counterculture votes R)
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To: GarySpFc
When Miers nomination was first announced I phoned my buddy in Dallas and asked if any of his friends knew Miers. It turns out his dad knew her. He stated, "I have known her since she was on the city council. Even then she was a stickler for going by the city charter, and often stated the courts are out of control, and we need to get back to the Founders original intent."

That's more encouraging than anything out of the White House spin machine.

Thanks for posting. Real news from real people is one of the best things about FreeRepublic (along with Ronald Reagan appreciation threads)!

80 posted on 10/08/2005 9:54:34 AM PDT by SupplySider
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