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Antonin Scalia Defends Miers
Newsmax ^ | 10/9/5

Posted on 10/09/2005 9:10:09 AM PDT by Crackingham

In an interview set for broadcast on Monday, leading conservative Supreme Court Justice Antonin Scalia appears to be defending Harriet Miers against critics who say she doesn't have the qualifications to sit on the High Court.

"I think it's a good thing to have people from all sorts of backgrounds [on the Court]," Scalia tells CNBC's Maria Bartiromo, as the debate rages over Miers' lack of judical experience.

Without mentioning the Bush nominee by name, the conservative legal icon said that the High Court needed someone who had never served as a judge to take the place of the late Chief Justice William Rehnquist.

"There is now nobody with that [non judicial] background after the death of the previous chief," Scalia laments to Bartiromo.

"And the reason that's happened, I think, is that the nomination and confirmation process has become so controversial, so politicized that I think a president does not want to give the opposition an easy excuse [to say] 'Well, this person has no judicial experience.'" Scalia concludes: "I don't think that's a good thing. I think the Byron Whites, the Lewis Powells and the Bill Rehnquists have contributed to the court even though they didn't sit on a lower federal court."


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: antoninscalia; endorsement; harrietmiers; miers; scalia; scotus; supremecourt
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To: Do not dub me shapka broham
The Miers cheerleading squad can continue to insist-despite all evidence pointing to the contrary-that she will be another Scalia or Thomas, but no one is buying it.

Some of you are saying she has no paper trail and that disqualifies her.

You are saying there is some evidence that she is not a Scalia or Thomas.

Can't you see how foolish your side in this argument is?

261 posted on 10/09/2005 12:01:01 PM PDT by Erik Latranyi (9-11 is your Peace Dividend)
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To: Howlin
"Pay attention: it's NOT going to happen; if they withdraw Miers, it will NOT be Brown or Owens."

I understand it won't (likely) happen -- it's but what I wish would happen.
262 posted on 10/09/2005 12:01:09 PM PDT by jdm
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To: BillyBoy

So your problem with her is what? That she didn't go to Harvard or Yale?


263 posted on 10/09/2005 12:01:12 PM PDT by ilovew (Never insult my role model. I LOVE KARL ROVE!)
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To: jdm
The issue is not Miers qualifications, we will see her in action during the confermation hearings and each can make up there own mind.

The issues is twofold, one cronyism, Miers would not be on anybody short list, but for her proxminity to Presisdent Bush, it's his pick and if we wants to appoint a personel friend and subject she to the charge of being a crony oh well.

Second the pick is another stealh candidate after promising the base to only nominate conservatives. Now we get the second stealh canidate, maybe they are conservative, maybe not, Miers was until recently a democrat and supported Al Gore for president, voted for Jimmy C over RR, thinks the federalist society is a bunch of right wing activists, etc, etc, etc.

But even that is OK, what is NOT OK, is Bush black ballings any conservative with a conservative paper trail. Black balling our best and bravest so as to appease the Democrats that have no problem appointing ACLU lawyers.

The message to conservatives is don't write, don't fight, don't do a damn thing to advance the conservative agenda and maybe you'll have a shot at an appointment some day.

264 posted on 10/09/2005 12:01:25 PM PDT by jpsb
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To: Howlin
You mean the Dick Cheney that the we're-the-only-true-conservatives-impeach-Bush-now crowd thinks would make a much better "true conservative" president?

Yeah, I thought so.

FWIW, I've actually lurked quite a bit since the Clinton years. I remember the primaries and the California/Arnold thing and the most recently the Shivo thing. But it's much harder to ignore once you're on the "inside." Especially since I've had terrific discussion with people from whom I now elicit derision.

As far as grown ups: That seems to be a society wide thing, not just Free Republic. So I really don't expect this to be any different. Well, actually I do expect it to be different. I'm just disappointed, but not surprised, that it isn't.
265 posted on 10/09/2005 12:01:26 PM PDT by pollyannaish
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To: George W. Bush
And does that explain why she's an old maid?

You've outted yourself now.

266 posted on 10/09/2005 12:01:27 PM PDT by Howlin
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To: George W. Bush
If you insist on a woman, Brown and Owens would make us all happy.

Which female, who has not been on a bench as a judge, would make you happy ?

267 posted on 10/09/2005 12:01:37 PM PDT by Raycpa
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To: DaughterOfAnIwoJimaVet

Keep laughing. There is going to be a fight. Either Bush steps aside or joins the fray. The Category 5 that is brewing you are not going to like ... but it is necessary to move forward. Compromise is not the new strategery.


268 posted on 10/09/2005 12:01:50 PM PDT by VRWC For Truth
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To: BushisTheMan
Democrats will vote FOR HER because the Conservatives oppose her.

That's nonsense. They're not going to snatch defeat from the jaws of victory, and they're sure as hell not going to save George W. Bush from his own self-inflicted humiliation.

They won't pull Bush's fat from the fire. They will be dancing around it as they heat the tips of their spears.
269 posted on 10/09/2005 12:02:13 PM PDT by counterpunch (Save the GOP - withdraw Miers now)
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To: Howlin

Marking for "See I told you so"


270 posted on 10/09/2005 12:02:51 PM PDT by VRWC For Truth
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To: jdm
Yeah, I messed up bigtime on that. I do sincerely apologize. I stand corrected.

LOL......don't you hate it when that happens? And it never fails to happen on a thread that is a bazillon posts long, so you end up apolgoizing ALL day long.

I sometimes wish there was something we could go back and put on our posts that says "I WAS WRONG, SEE BELOW!"

271 posted on 10/09/2005 12:02:51 PM PDT by Howlin
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To: Reactionary
No, Bush lied and we received a crappy nominee for one of the most important posts in this country.

Congratulations on your unparalleled capacity for deductive reasoning.

272 posted on 10/09/2005 12:02:52 PM PDT by Do not dub me shapka broham ("We don't want a Supreme Court justice just like George W. Bush. We can do better.")
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To: gpapa
What does a person's religion have to do with being a Supreme Court Justice?

That question is properly posed to those in the Bush White House and those on this forum who are promoting Miers as an "evangelical Christian" (who, uh, attends an Episcopal church).

273 posted on 10/09/2005 12:03:22 PM PDT by Map Kernow ("I hold it that a little rebellion now and then is a good thing" ---Thomas Jefferson)
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To: Howlin
"How can you not live in the real world and deal with facts AS THEY ARE?"

Exactly. Which includes the reality that we can't disagree with a decision until it's been made.

274 posted on 10/09/2005 12:03:36 PM PDT by TAdams8591 (A Reagan Conservative and mighty proud of it.)
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To: jdm; neutrality; hershey
I see zero comment from Scalia on Miers, in this article. He's talking about John Roberts; not Miers.

Sorry, jdm, but you're wrong. Perhaps you misunderstood the quote you highlighted in your post #5:

"Without mentioning the Bush nominee by name, the conservative legal icon (Scalia) said that the High Court needed someone who had never served as a judge to take the place of the late Chief Justice William Rehnquist."

Chief Justice Roberts served on the appeals bench before being tapped for the Supreme Court. Scalia goes on to say the following in the article:

"Scalia concludes: "I don't think that's a good thing. I think the Byron Whites, the Lewis Powells and the Bill Rehnquists have contributed to the court even though they didn't sit on a lower federal court."

Scalia is talking about Miers, who did not serve as a judge on any lower court. (BTW, neither did 31 other justices of the Supreme Court before they were nominated.)

275 posted on 10/09/2005 12:03:37 PM PDT by Wolfstar ("And an angel still rides in the whirlwind and directs this storm." GWB, 1/20/01)
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To: BushisTheMan

Bill Kristol = elitist.


276 posted on 10/09/2005 12:04:00 PM PDT by Virginia Queen (Virginia Queen)
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To: Virginia Queen

Not to mention her screed about "impeach Bush" on the Mike Rosen show. She was on Bill (terrorists are not cowards) Maher's show but I didn't have enough Phenergan to watch it.


277 posted on 10/09/2005 12:04:09 PM PDT by Chickenhawk Warmonger ("A Quagmire of Hate" coming soon to a bookstore near you)
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To: pollyannaish
You mean the Dick Cheney that the we're-the-only-true-conservatives-impeach-Bush-now crowd thinks would make a much better "true conservative" president?

One and the same.

You wouldn't have believed the vitriol spewed at him.

Too old.

Too sick.

Too close to Halliburton.

Too close to Nixon.

Too close to Ford.

Too everything.

Alas, they've used those same arguments year in and year out since then against/about "All Things Bush."

278 posted on 10/09/2005 12:05:19 PM PDT by Howlin
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To: George W. Bush

Go over to Common Dreams or TruthOut. They have plenty of reporting on it.


279 posted on 10/09/2005 12:05:36 PM PDT by Chickenhawk Warmonger ("A Quagmire of Hate" coming soon to a bookstore near you)
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To: TAdams8591

It's been made and you STILL are harping on it.


280 posted on 10/09/2005 12:06:01 PM PDT by Howlin
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