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To: xzins
Laura was looking for an explanation why someone could charge such an accomplished woman with being an intellectual lightweight, and concluded that it could be sexism. It certainly is something other than a fair assessment of her credentials.

I disagree with Laura.

At the outset, let me say this: Miers' qualifications far exceed my own. This past year, US News rated SMU #52 and SUNY Buffalo #77. (Both are top 100 law schools). I assume she was law review. I am not. If I go into corporate practice, I would be quite happy to make it to the level Miers did. She clearly is a top-tier litigator.

That said, when I say Miers is an "intellectual lightweight," I mean this - she has not demonstrated her Constitutional Law interpretation skills since law school. We have never seen her articulate her own viewpoints on substantive Constitutional law questions. All we have is her arguments as a "hired gun" for George W. Bush. We have no law review articles, no decisions, no independant paper trail. Contrast that with John Roberts, who, while he too was a hired gun for the Reagan administration and then in private practice, we had reams of documents that told us what kind of lawyer he is, or at least was in the 1980's.

In Miers' favor is this - she is probably one of the only lawyers in the country to have argued a 12th Amendment case in front of the Supreme Court - but her argument in that actually should scare you, if you are an originalist. She argued that a literal reading of the 12th Amendment was an outdated relic, and that the Court should give a very broad reading to the requirements of the 12th Amendment that the electors for a state cannot vote for a President and a Vice president from their own State. Because Bush-Cheney didn't want to lose Texas' electoral votes, she successfully argued that Cheney should be reckoned a resident of Wyoming and not Texas. I'm not sure that I disagree with Mier's argument there, but it certainly is not an "Originalist" argument.

312 posted on 10/11/2005 10:35:21 AM PDT by jude24 ("Stupid" isn't illegal - but it should be.)
[ Post Reply | Private Reply | To 304 | View Replies ]


To: jude24

You are not an intellectual lightweight, my friend.

Although there are those who really want us to believe that we are really the 2nd or 3rd tier in life.


317 posted on 10/11/2005 10:43:38 AM PDT by xzins (Retired Army Chaplain and Proud of It!)
[ Post Reply | Private Reply | To 312 | View Replies ]

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