A good find for your case.
FYI and comment.
Good advocative writing in briefs is an art form. It is the most creative and rewarding thing I do.
As I said on the other thread, this case seems to have been handled by at least twelve lead lawyers from several Texas law firms, the Attorney General of Texas, and an Amicus Curiae. But I grant you that Miers has the top spot among the attorneys named for the defense.
I also saw, and praised, your earlier thread concerning important cases she has been involved in.
I don't think there's any doubt that she can coordinate and lead large numbers of bright lawyers in large cases. She was also chosen to act on behalf of Microsoft. What I don't think this actually demonstrates is whether she can write well, put her thoughts in order, or compose a Supreme Court decision in the strict constructionist spirit. She certainly doesn't write very well when she is doing it on her own hook.
So far, they've been content to let everyone believe she has absolutely no experience.
What about this case, or her arguments, should convince me that she adheres to a conservative judicial philosophy such as natural law jurisprudence?
GOOD post, 07.
On or about July 21, 2000 Secretary Cheney declared his intent to return to his home state ofWyoming. Ps. App. 3. On or after that date, and before today, he traveled to Wyoming and registered to vote there, requested withdrawal of his Texas voter registration, voted in Wyoming in two elections, obtained a Wyoming driver's license (which, in turn, resulted in the voiding of his Texas license), and sold his Texas house. Id. at 4--5, 16; Ds. App. 2, 7. n13 He advised the United States Secret Service that his primary residence [**22] is his home in Jackson Hole, Wyoming, and he retired from employment with Halliburton. Ps. App. 4. He also requested that the United States Postal Service rescind a prior order on file in Teton County, Wyoming to forward mail to Dallas, Texas. Id. at 8. One of his four vehicles is registered in the state of Wyoming and is physically located there. Id. at 5.
What is this decision supposed to prove? That someone who could under those circumstances prove that Cheney is from Wyoming is a genius?
There goes the "common man arguement"
For those of you who may not have read the .pdf file.
No briefs are included in the documentation. It is thus difficult to judge what arguments on defendants behalf swayed the court in their favor. Ms. Miers was one of three counsels from Locke Liddell & Sapp representing then Governor Bush. Dick Chaney had two firms representing him from Dallas and Washington. Attorney General John Cornyn and two of his assistants represented defendent Ernest Angelo on behalf of the Texas Electors. Lawrence Kaplan, Pro se, represented the defendants. Kaplan also filed an amicus brief on the behalf of a citizens organization for the defendants.
Meanwhile, back at One First Street, Ted Olson was at the Supreme Court representing George W. Bush in the case of Bush V. Gore.
It's a domicile case, more or less. The Constitutional ramifications flow from the finding of domicile.
The trial court easily and properly rejected the plaintiffs' claim. First, the three Texas residents lacked Article III standing to sue:I'm itching to see some of her work besides the editorial pieces in Texas.
Because plaintiffs have failed to demonstrate a specific and individualized injury from the impending alleged violation of the Twelfth Amendment and are unable to show personal injury through harm done to non-defendant candidates, the court holds that they do not have standing under Article III to bring this suit.Second, Cheney was an inhabitant of Wyoming, not Texas:
The record shows that Secretary Cheney has both a physical presence within the state of Wyoming and the intent that Wyoming be his place of habitation. It is undisputed that he was born, raised, educated, and married in Wyoming and represented the state as a Member of Congress for six terms. After additional public service, he eventually moved to Dallas, Texas to become the Chief Executive Officer of Halliburton Corporation ("Halliburton").The Fifth Circuit then heard a very quick appeal. The district court decision had come out on December 1, 2000, and the Fifth Circuit heard argument and entered a one-line affirmance on December 7th: "All requested relief is DENIED." The plaintiffs filed an emergency petition asking for more time to file a cert petition just a few days before the Texas electors were to meet, but the Supreme Court denied it. A cert petition was eventually filed -- I'm not sure exactly when -- but it was denied after the electors had met on December 18th.On or about July 21, 2000 Secretary Cheney declared his intent to return to his home state of Wyoming. On or after that date, and before today, he traveled to Wyoming and registered to vote there, requested withdrawal of his Texas voter registration, voted in Wyoming in two elections, obtained a Wyoming driver's license (which, in turn, resulted in the voiding of his Texas license), and sold his Texas house. He advised the United States Secret Service that his primary residence is his home in Jackson Hole, Wyoming, and he retired from employment with Halliburton.
Perhaps Beldar intends his post to be tongue-in-cheek, so maybe I'm just not getting the joke by looking at the merits. If so, my apologies. But I don't think the opinions in this case provide a lot of insight into Miers' skills in constitutional law.