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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: Miss Marple
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.

Are you suggesting Miers is to somehow going to become smart, interested, and accomplished in matters of constitutional jurisprudence between now and the hearings?

81 posted on 10/08/2005 9:55:34 AM PDT by JCEccles
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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 doesn't count because he actually talked to her and knew her. The only opinions that count are Rush Limbaugh, Coulter and Ingrahm who never met her.

Pray for W and Harriet Miers

82 posted on 10/08/2005 9:55:49 AM PDT by bray (Pray for the Freedom of the Iraqis from Islam)
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To: GarySpFc
... Miers was chair of a panel that simply passed along recommendations from various entities in the American Bar Association for consideration by members of the ABA.

Did Ms. Miers resign in protest? A true conservative would have.
83 posted on 10/08/2005 9:57:54 AM PDT by Iwo Jima
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To: Congressman Billybob

Your tagline is most appropriate for times such as these. Have you any comments about the Redstate.org opinion of the stategy?


84 posted on 10/08/2005 9:59:34 AM PDT by griswold3 (Ken Blackwell, Ohio Governor in 2006 - George Allen, POTUS 2008)
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To: Cicero

And by Shakespeare you mean George-Louis Leclerc de Buffon.


85 posted on 10/08/2005 10:00:59 AM PDT by Sam Hill
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To: Sam the Sham
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.).

I thought we wanted originalists. (Originalists. That means going by what the constitution says and was originally intended to mean, not what other justices interpreted it as meaning in the past.)

86 posted on 10/08/2005 10:01:52 AM PDT by Hugin
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To: Miss Marple

More and more I am thinking that the left is going to overplay their hand in this.



I'm not sure that it is limited to just the left. I believe the wingers from the right can and may do the same. I suspect Ms. Miers will be confirmed against all the railing out her we see on FR and in some selected tv/radio media groups. Outside of that I don't think this is a big issue across the fruited plain or maybe I'm not attuned to the other sources from which it is coming.

If some of the democrats vote for her and along with most of the Republicans then she'll be the next AJ and some or many may have burned some bridges if the railings keep up. JMO of course.


87 posted on 10/08/2005 10:04:18 AM PDT by deport (Miers = Souter....... A red herring which they know but can't help themselves from using)
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To: JCEccles
Why golly gee, I didn't know you had had a personal interview with Harriet Miers and had access to her IQ score.

I imagine she will do just fine in the hearings, since she has been a litigator for 30 years.

88 posted on 10/08/2005 10:04:23 AM PDT by Miss Marple (Lord, please look after Mozart Lover's son and keep him strong.)
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To: moodyskeptic
You post ignores some very clear truths. Neither McConnell, Luttig, nor Rogers-Brown gives the slightest hint that they would have strayed one degree from a strict constructionist philosophy once placed on SCOTUS. Conservatives have been grooming this class for over 20 years. They are known, safe picks.

Any of them is also light years ahead of Miers in terms of intellect, interest, and ability in matters of constitutional jurisprudence.

Any them would likely have given us an additional ten years of SCOTUS tenure too.

No matter how Miers' defenders try to spin it, this was a bad, WEAK choice. That is EXACTLY why Harry Reid made it. Reid deftly neutralized 20 years of conservative effort by appealing to Bush's unfortunate tendency to reward cronies and his fear of taking on the Senate and Gang of 14.

What a waste.

89 posted on 10/08/2005 10:05:40 AM PDT by JCEccles
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To: JCEccles

Any President who can get Roberts confirmed as Chief Justice has my support in his choice for Miers.


90 posted on 10/08/2005 10:09:08 AM PDT by eleni121 ('Thou hast conquered, O Galilean!' (Julian the Apostate))
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To: JCEccles
Could you fill me in on how conservatives have been grooming this class? I keep reading about this, but no one seems to give me any details.

You also are ignoring the Senate opposition from the liberal GOP members which pretty much stopped Brown from being nominated (please read the Thomas Sowell article if you have not).

91 posted on 10/08/2005 10:09:21 AM PDT by Miss Marple (Lord, please look after Mozart Lover's son and keep him strong.)
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To: JCEccles

I'll bet any of those senators know more about constitional law than Harriet Miers ever will. They will rip her to shreds.


92 posted on 10/08/2005 10:10:46 AM PDT by Sam the Sham (A conservative party tough on illegal immigration could carry California in 2008)
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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.

Yes.

The law is complicated -- the Constitution is simple.

Myers has been a lawyer for 33 years. That would suggest that the law is not a complication for her. I would hope to hear more from her about the simple principles of Constitution. That will occur during the hearings.

93 posted on 10/08/2005 10:11:38 AM PDT by FreeReign
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To: Hugin

Originalist doesn't mean ignoring legal precedent. It most definitely does not mean that at all.


94 posted on 10/08/2005 10:11:48 AM PDT by Sam the Sham (A conservative party tough on illegal immigration could carry California in 2008)
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To: Travis McGee
Whew Travis, times must be tough for you especially since Mexicans and Central Americans are taking up the task of rebuilding New Orleans.

Big Easy Leasers upset over cleanup jobs

Someday you Travis may figure out that central planning from the left(lenin, stalin, hillary) or the right(hitler, buchanan) never works.

95 posted on 10/08/2005 10:12:01 AM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: thoughtomator

I think you'll like this better, ping.


96 posted on 10/08/2005 10:14:07 AM PDT by AliVeritas ("A Proud Member of the Water Bucket Brigade-Keeper of MOOSEMUSS".)
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To: JCEccles
Any them would likely have given us an additional ten years of SCOTUS tenure too.

Women live 7 years longer than men. Please eliminate all those men on your list who are older than 53.
97 posted on 10/08/2005 10:16:05 AM PDT by GarySpFc (Sneakypete, De Oppresso Liber)
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To: All

The bottom line is either people will get together and demand her withdrawal... haven't seen that; Or we will let the hearings go on and see what's what. This time ALL the senators will be at her throat... not just dems. The choice has been made and Stevens will be retiring soon.


98 posted on 10/08/2005 10:17:39 AM PDT by AliVeritas ("A Proud Member of the Water Bucket Brigade-Keeper of MOOSEMUSS".)
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To: Fenris6
I don't think she's capable of writing a dissenting opinion that won't be laughed at in Austin.

You mean, hometown to the corrupt Ronnie Earle? The home to Molly Ivins, the she-devil of Texas politics?

Who cares what they think? I mean, do you care what they think?

99 posted on 10/08/2005 10:21:05 AM PDT by sinkspur (American Staffordshire Terriers should be bred out of existence.)
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To: Owen
Over the years I've often seen you write good commentary here but this:

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.

The above post makes you sound like a complete numbnut. You are simultaneously insulting Freepers, the President, WH advisors, a generation of Conservative judicial academics lawyers and jurists, and Harriet Miers. All in one fell swoop.

Go compose a letter to the editor to your favorite local newspaper saying how even if Harriet Miers was just a legal secretary at the White House, her born again faith alone and her relationship with the President would alone qualify her for the Supreme Court according to Article III of the Constitution.

If it gets published, scan it and post it here for all to see.

100 posted on 10/08/2005 10:21:07 AM PDT by JerseyHighlander
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