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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: pyx
<<<< "You've used too many commas, mixed formal and informal verbiage and topped it off with unnecessary capitalization. Learn the basics before throwing stones in a glass house." >>>>
When you have time, please supply the evidence for each of your points instead of throwing a non-convincing stone my way.

How long should I hold my breath waiting for an enlightened reply? Please take your time searching some authoritative grammar and punctuation handbooks so that you can cite them in your response to me.

Penny


301 posted on 10/15/2005 10:13:17 AM PDT by Penny
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To: gpapa

I think that proving that RINOs CAN sweat should be one of our main goals in life. : )


302 posted on 10/15/2005 10:13:17 AM PDT by Politicalmom (Must I use a sarcasm tag?)
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To: trubluolyguy

This is a nice note that is supposed to be a nice note. Whatsamatter???


303 posted on 10/15/2005 10:13:29 AM PDT by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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To: Racehorse

Have you asked them?


304 posted on 10/15/2005 10:14:51 AM PDT by gpapa (Boost FR Traffic! Make FR your home page!)
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To: TAdams8591
The Miers nomination has revealed a number of traits most unbecoming to the president. What total crap! People like you vainly imagine all of this nonsense, and then post it as fact.
305 posted on 10/15/2005 10:15:23 AM PDT by AmericaUnited
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To: AmericaUnited

"We have to understand and appreciate that achieving
justice for all is in jeopardy before a call to arms to assist in obtaining
support for the justice system will be effective. Achieving the necessary
understanding and appreciation of why the challenge is so important, we can
then turn to the task of providing the much needed support."

Huh?


306 posted on 10/15/2005 10:17:56 AM PDT by badgerlandjim (Hillary Clinton is to politics as Helen Thomas is to beauty)
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To: Racehorse
Since I have read both the Microsoft case and the Disney case, I am not going to have someone pull the wool over my eyes. In the Microsoft case, she lost on simply stated grounds. MS wanted to charge clients for DOS6.2 to replace defective features in DOS6.0. They lost on implied warranty grounds and on anti-trust grounds. The other issues, such as class certification, were not complex issues of law. They were red-hearings to try to turn the MS dog into a winning case and delay the day of justice.

It is because MS lost this case, and I presume cases like it that we download patches for XP rather than get charged $99.95 to upgrade to XP17.35rev2b, which is really guaranteed to work this time, honest injun.

Beldar's summary of the Disney case completely misses the pont. Disney prevailed on common law "agency" grounds, which is not a difficult concept, but somehow gets lost in Beldar's analaysis, but is quite clear in the bench decision.

307 posted on 10/15/2005 10:18:27 AM PDT by AndyJackson
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To: AndyJackson
Furthermore, if you look at the records of the attorneys at Locke, Liddell, and Sapp you will find that E. Lee Parsley is the one who is the well-known appellate practice attorney with a strong publication record in Texas for appellate practice. Likewise, Cheney's attorneys have impresive credentials.

Well, Miers brought the snacks. She helped, too.

308 posted on 10/15/2005 10:19:05 AM PDT by GraniteStateConservative (...He had committed no crime against America so I did not bring him here...-- Worst.President.Ever.)
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To: AmericaUnited

Her personal writings do NOT indicate that she is careful of details. I would expect someone writing to the governor to be more careful than someone writing a letter to grandma.


309 posted on 10/15/2005 10:19:57 AM PDT by Politicalmom (Must I use a sarcasm tag?)
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To: SteveH
And so please remind me of your arguments why HM should be nominated if other, more brilliant people can handle "that there stuff" better than she can?

No.

The post you replied to dealt with intellect and opinion writing.  Clerks do the drudge work.

(No offense intended  to clerks!  Been up all night.)

310 posted on 10/15/2005 10:20:44 AM PDT by Racehorse (Where your treasure is, there will your heart be also.)
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To: The Red Zone

"I am respectful of both of your great many time commitments"

Please translate that.



311 posted on 10/15/2005 10:22:32 AM PDT by Politicalmom (Must I use a sarcasm tag?)
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To: GarySpFc

" And you arrived at your conclusion by reading chicken entrails? Sorry, but the money is on Miers to be confirmed, UNLESS she strikes out in the hearings."

My guess, based on what I've seen so far, is that some Dem Senator will trip her up with a trick question.


312 posted on 10/15/2005 10:22:53 AM PDT by adam_az (It's the border, stupid!)
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To: GarySpFc

It is telling that Ms. Miers was not even on Hewitt's radar before she was nominated. His choices before the nomination was announced were Luttig and McConnell.


313 posted on 10/15/2005 10:24:19 AM PDT by gpapa (Boost FR Traffic! Make FR your home page!)
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To: gpapa
While she learns how to be a judge?

No.

As she learns to be a Justice of the United States Supreme Court.

314 posted on 10/15/2005 10:24:59 AM PDT by Racehorse (Where your treasure is, there will your heart be also.)
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To: AmericaUnited
The motivation is to have someone on the SC who is able to write clear and concise opinions on interpretations of the law.

A very frequent problem with the law is interpretation. One reason for the problem is that laws and opinions are often written in an unclear manner. Having someone on the SC who can write clearly is an asset. A nominee to the SC should be able to write clearly in an effortless manner.

Most of the Meirs supporters here seem to be in the habit of making excuses for her poor writing ability. Why? I think it is wishful thinking. How old was Meirs when she wrote these thank you notes? The Texas Bar Association articles? The answer is: old enough to have had a full chance to hone her writing skills to a T. I don't want someone who obviously has difficulty writing on the SC.

As someone with several technical degrees, including a degree in math, I feel qualified to write that arguments based on her math abilities are largely irrelevant and evidence of yet more well-intended but wishful and overly simplistic thinking on the part of bushbots.

Harriet Meirs-- withdraw your nomination now.

315 posted on 10/15/2005 10:25:03 AM PDT by SteveH (First they ignore you. Then they laugh at you. Then they fight you. Then you win.)
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To: AmericaUnited

But writing is a clear part of the job of a justice, not that all of them are good writers, I am sure.


316 posted on 10/15/2005 10:26:24 AM PDT by Theodore R. (Cowardice is forever!)
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To: Politicalmom

"I know you're busy, but"

As Emily Post might say it


317 posted on 10/15/2005 10:26:59 AM PDT by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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To: Do not dub me shapka broham

If people really want to check out her legal writing, it would be easy. Simply find some of the cases on which she worked as a private attorney through lexis or something, go to the courthouse, and get a copy of a dispositive motion or appellate brief she wrote. They're public records. If you really want to criticize her legal writing, that's the type of thing at which you should be looking.


318 posted on 10/15/2005 10:28:07 AM PDT by XJarhead
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To: johnmecainrino

I believe that when Jerry Falwell came out against O'Connor in 1981, her ascerbic sponsor, Barry Goldwater, attacked Falwell, saying that the VA minister deserved a "good, quick kick" in the exterior. Of course, Falwell had supported Goldwater for President in 1964. In retrospect, Falwell has been far more right than Goldwater and not just on O'Connor. So, now does Falwell support Miss Miers?


319 posted on 10/15/2005 10:29:25 AM PDT by Theodore R. (Cowardice is forever!)
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To: GarySpFc

Aren't these arguments (similarities with Clement), in actuality, arguments in favor of a Meirs appointment to an appeals court, and not to the SC? What am I missing?


320 posted on 10/15/2005 10:29:36 AM PDT by SteveH (First they ignore you. Then they laugh at you. Then they fight you. Then you win.)
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