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Miers Hit on Letters and the Law ("Writings Both Personal and Official Have Critics Poking Fun")
Washington Post ^ | 10/15/2005 | Charles Babington

Posted on 10/15/2005 2:37:57 AM PDT by KentTrappedInLiberalSeattle

Supreme Court confirmation battles usually involve excavations of the nominee's judicial opinions, legal briefs and decades-old government memos. Harriet Miers is the first nominee to hit trouble because of thank-you letters.

Miers's paper trail may be relatively short, but it makes plain that her climb through Texas legal circles and into George W. Bush's inner circle was aided by a penchant for cheerful personal notes. Years later, even some of her supporters are cringing -- and her opponents are viciously making merry -- at the public disclosure of this correspondence and other writings from the 1990s.

Bush may have enjoyed being told by Miers in 1997, "You are the best governor ever -- deserving of great respect." But in 2005 such fawning remarks are contributing to suspicion among Bush's conservative allies and others that she was selected more for personal loyalty than her legal heft.

Combined with columns she wrote for an in-house publication while president of the Texas Bar Association -- critics have called them clumsily worded and empty of content -- Miers may be at risk of flunking the writing portion of the Supreme Court confirmation test, according to some opponents.

"The tipping point in Washington is when you go from being a subject of caricature to the subject of laughter," said Bruce Fein, a Miers critic who served in the Reagan administration's Justice Department and who often speaks on constitutional law. "She's in danger of becoming the subject of laughter."

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events; Politics/Elections
KEYWORDS: betrayingthebase; cautionslowchildren; cronypick; dustooge; fawningsuckup; harrietgump; harrietmiers; harrietthemere; henpecked; illiterate; leftwingtool; leftytool; miers; muppetbabymiers; nitpick; petty; readingisfundamental; saintharriet; scotus; stealthdummy; stiffingthebase; supremecourt; timmy; toodumbforthejob; trustbutverify; trustme
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To: ontos-on
Clarity and precision of thinking and writing go together at this level. The ability to penetrate the various arguments is essential.

Why the intelligent folks who inhabit FR cannot see this point escapes me.

121 posted on 10/15/2005 6:50:00 AM PDT by AndyJackson
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To: AmericaUnited

Just because Reid said so, it doesn't mean it's true.


122 posted on 10/15/2005 6:50:57 AM PDT by born in the Bronx
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To: Racehorse

Better yet, why don't you send a copy to Attorney Miers?


123 posted on 10/15/2005 6:51:30 AM PDT by Doohickey (If you choose not to decide, you still have made a choice...I will choose freewill.)
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To: JCEccles

Priceless


124 posted on 10/15/2005 6:53:56 AM PDT by AndyJackson
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To: Racehorse
Miers' qualifications outshine Marshall's.

It is one thing to be thought a fool. It is another thing to open your mouth and prove it.

125 posted on 10/15/2005 6:55:01 AM PDT by AndyJackson
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To: KentTrappedInLiberalSeattle

OTOH David Souter is a brilliant writer...


126 posted on 10/15/2005 6:55:26 AM PDT by mac_truck (Aide toi et dieu l’aidera)
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To: AmericaUnited
There is a huge difference between jotting a note to a friend or colleague and writing a legal opinion.

I'm not saying this is a good pick. I think it would be better to have the darn fight already. Nothing would make me happier if one of these nominees said, "Rowe was decided wrongly, I think it should be over turned. It is up to the legislatures of the states or the congress to regulate this behavior if they choose to." I'd just love to see old Shummer to go aplopoxic.

But I do think she could make a good judge and looking at birthday cards is no way to tell ANYTHING.
127 posted on 10/15/2005 6:56:32 AM PDT by Sunnyflorida
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To: AmericaUnited

Let's raise our standards. Just this once.


128 posted on 10/15/2005 6:57:16 AM PDT by Doohickey (If you choose not to decide, you still have made a choice...I will choose freewill.)
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To: JCEccles
Do you also know some brilliant pilots who can't fly, or some magnificent chefs who can't cook?

But I bet you do know some lawyers who think they are brilliant because of the law school they went to.

Comparing real physical skills, to lawyering "skills" is like comparing apples to oranges.

129 posted on 10/15/2005 6:58:44 AM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: KentTrappedInLiberalSeattle
"when a legislature prevented the state Supreme Court from capping lawyers' fees...Fein said it is outrageous to invoke separation-of-powers arguments."

LOL! Fein is so over-the-top here. This is obviously a diminution of the Judicial branch's power by the legislature- "wisely or not". Fein's remarks on the only peice of critical writing cited make HIM look the fool!

I do feel sympathy for the many great conservative jurists who aren't confirmable today. I hope they continue, and improve upon, their heroic efforts to change that political fact instead of whining and pouting and making fools of themselves like Fein does here.

130 posted on 10/15/2005 6:59:15 AM PDT by mrsmith
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To: Racehorse
I don't know which John Marshall you are referring to. I am referring to this John Marshall

When Marshall was appointed to the SC he was not an unknown nobody, but one of the most distinguished leaders of our early republic. Your distortion of his record is a travesty, and I will chase your tail all over FR to set the record straight.

Marhsall suited at William and Mary and studied law under George Wythe (the nation's first Law Professor who also taught Thomas Jefferson).

He served in the Revolutionary War in the same regiment as Monroe and rose to Captain. After the war Marshall served as a lawyer and was a Federalist leader in the Virginia Assembly. In 1797 he was appointed to negotiate with France. Marshall rejected the extortionate demand for bribes from French officials which became known as the XYZ affair.

Adams asked Marshall to be an Associate Justice of the Supreme Court, but he ran for and was elected to Congress in 1799. Adams appointed his as Secretary of State. Here he strongly opposed violations of American rights on the high seas and adopted a policy which necessitated a strong Navy to give force to American diplomatic protests.

Marshall was appointed Chief Justice in 1801.
131 posted on 10/15/2005 7:01:31 AM PDT by AndyJackson
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To: Lazamataz

AND she's an ass-kisser. I detest ass-kissers. They seldom have an un-assisted thought.


132 posted on 10/15/2005 7:01:47 AM PDT by Doohickey (If you choose not to decide, you still have made a choice...I will choose freewill.)
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To: ontos-on
The inability to write clearly indicates an inability to think clearly and not get snowed by irrelevant material.

Great point. Miers chose a wordsmithing profession--wordsmithing of a highly technical and specialized nature.

SCOTUS, especially, is no place for a Hallmark card copywriter or a James Joyce stream-of-consciousness poseur.

All the evidence suggests that Miers is a mediocre legal talent who ascended to the heights of power not on her own ability and effort but but by being at the right place at the right time and by sweet-talking others into lifting her up the ladder.

133 posted on 10/15/2005 7:02:05 AM PDT by JCEccles
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To: KC_Conspirator
I know many, many very, very wealthy hedge fund managers that cannot write worth a darn. Same for several economists. Captians of industry.

About our english professor: Some people equate brilliance with articulation. I don't.
134 posted on 10/15/2005 7:05:48 AM PDT by Sunnyflorida
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To: AmericaUnited

You are the one that doesn't get it. Dingy Harry doesn't like Justice Thomas's writing because he disagrees with the content.

Based on what has been published so far, Attorney Miers has the writing style of a thirteen-year-old, lacking only "Do you like me?" with "yes" and "no" check boxes.


135 posted on 10/15/2005 7:07:28 AM PDT by Doohickey (If you choose not to decide, you still have made a choice...I will choose freewill.)
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To: LibLieSlayer
His judgment is called into question when he presumes that his intuition will be able to guide him when it is applied to an area, appellate court judges, in which he is not himself experienced or well-versed.

To the objection that he has made good appellate appointments to this point, I would respond that in all his prior appointments the vetting process was performed by people other than himself and the President only was required to use his judgment and intuition among a pool of superbly qualified people.

To the objection that Miers was part of the people assistin in the vetting process and so must be qulified herself, that does not follow and her participation was over a very short period of time. A candidate such as Miers would not have made it to the final pool, to say the least, and the President has erred in allowing his personal feelings to cloud his judgment.

136 posted on 10/15/2005 7:08:15 AM PDT by ontos-on
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To: KentTrappedInLiberalSeattle
"But in 2005 such fawning remarks are contributing to suspicion among Bush's conservative allies and others that she was selected more for personal loyalty than her legal heft."

Miers sure knows how to lay it on thick.

Some of her comments are so juvenile, it's hard to believe the president fell for them.

137 posted on 10/15/2005 7:10:26 AM PDT by TAdams8591 (It's the Supreme Court, stupid!)
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To: Doohickey
Better yet, why don't you send a copy to Attorney Miers?

Can't afford the postage.

Besides, after she's confirmed, she'll have a bevy of brilliant, eager beaver clerks to handle all that there stuff.

138 posted on 10/15/2005 7:10:58 AM PDT by Racehorse (Where your treasure is, there will your heart be also.)
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To: KentTrappedInLiberalSeattle

I don't care that she writes girlish notes. I don't care that she's a woman. I don't care that she doesn't have the "right" education. I don't care about her race. I don't even care if she was selected because she's a friend of the president. I care about how she will vote. There is little to no evidence that she will side with conservatives on consitutional issues.


139 posted on 10/15/2005 7:11:10 AM PDT by ArcadeQuarters
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To: looloo

How many synapses need to fire to tell you that murdering unborn children as a form of birth control has something inherently wrong with it?



Spot On!- You Go Girl!(or boy, you get the drift)


140 posted on 10/15/2005 7:11:13 AM PDT by cornfedcowboy
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