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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: Marli
That is so friggin' twisted!

But so hilarious.

:7)

Consider it bookmarked.

81 posted on 10/15/2005 5:49:06 AM 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: AmericaUnited
I could give a damn about 'poor' writing, if that is the price to pay to have a Clarence Thomas sitting on the court.

Clarence Thomas, who by the way is known for the quality of his writing -- he seldom speaks during oral arguments -- had quite a track record. There is absolutely no indication that this woman is a Clarence Thomas. There are troubling indications that she is very liberal on economic issues and moderately liberal on social issues, but these indications are very thin, because her life has been lived in a circumspect way and her jobs have mostly been out of the public eye (neither good nor bad, this; it's just the set of facts we have).

The supporters of the Miers nomination seem to have two basic arguments, and two only:

  1. The president said, "trust me," and so let's trust him;

  2. She's a member of an evangelical church that has many socially conservative members.

There are also occasional attempts to inflate her resume which adds up to: a better than average lawyer of no known political or philosophical leanings.

Sounds to me like a good candidate for a US District Court, maybe in a stretch Court of Appeals.

I was inclined to trust the President on his nominees -- we owe him, after all, some deference in that. He blew that with me forever with the Julie Myers nomination to head ICE -- a crony's twentysomething niece who has never supervised more than three people. She is the most unqualified person nominated for any senior Federal position since Andrew Young. This tells me that the President's judgment about people is insufficient to support a "trust me" standard.

And Harriet Miers seems to be the most unqualified person nominated since Carswell, if not Fortas. I realise some people are so anti-intellectual that they would welcome a Carswell. (Fortas, in fact, looked more qualified than Miers on paper, but he was a well-known crook). Neither of the gentlemen I name here was confirmed.

You may just be more trusting than I. But you can't expect sell Miers on "trust W" or "she's my religion" grounds. I don't trust W, and she ain't my religion. And for the people making the "mediocre people deserve representation too" argument -- I submit they already have plenty.

d.o.l.

Criminal Number 18F

82 posted on 10/15/2005 5:49:38 AM PDT by Criminal Number 18F
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To: AmericaUnited

Results oriented jurisprudence is EXACTLY what is wrong with the courts today. Conservatives have been fighting the notion that little things like the constituion and the framer's intent are secondary to "getting things right" (e.g. the court's finding an essential need for diversity in the University of Michigan case).

Now we're supposed to accept a mediocre nominee because she'll "vote correctly"?


83 posted on 10/15/2005 5:51:29 AM PDT by Skip Ripley
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To: KentTrappedInLiberalSeattle
I could give a damn about 'poor' writing
Not quite the shattering revelation you doubtless intended it to be, I assure you.

Ouch! Bullseye!


84 posted on 10/15/2005 5:54:23 AM PDT by Shalom Israel (Pray for the peace of Jerusalem.)
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To: Shalom Israel
Ouch! Bullseye!

Well... it was a slow-moving target, after all. :)

85 posted on 10/15/2005 5:56:41 AM PDT by KentTrappedInLiberalSeattle ("It'sTime for Republicans to Start Toeing the Conservative Line, NOT the Other Way Around!")
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To: Skip Ripley
Now we're supposed to accept a mediocre nominee because she'll "vote correctly"?

My definition of "vote correctly" is voting as a strict constructionist. Why is your 'definition' different?

86 posted on 10/15/2005 6:00:21 AM PDT by AmericaUnited
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To: Ken H

Stare decisis has never meant a lock on past decisions.

It is nothing more than a process one goes through to analyze precedent according to stated principles, and certain weighting is given to the various criteria. To say one is wedded to stare decisis is to say they are wedded to that process. It is a careful, meticulous process of consideration. The final result can still be, and has been in previous cases, an overturning of past rulings.

In his testimony, John Roberts gave the same deference to the process of stare decisis. Some jumped straight up and said, oh look, he is stating that he could never vote to overturn anything, not just Roe, but Kelo (property takings ruling), no death penalty for anyone under 18, etc. Cooler heads prevailed as the truth was pointed out. He left plenty of room to overturn anything.

His support of the careful process of consideration and weighting in no way precluded that.










87 posted on 10/15/2005 6:00:58 AM PDT by txrangerette
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To: KentTrappedInLiberalSeattle
"I am respectful of both of your great many time commitments and I realize you receive many, many requests. [...] Of course, I would be very pleased if either of you is able to participate. However, I will be pleased with your judgment about whether participating in this event fits your schedule whatever your decision. . . ."

Sir, I don't think you should go to this. You don't have time and it is not important. Let me know. XXXXXXXXXX

88 posted on 10/15/2005 6:07:33 AM PDT by AndyJackson
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To: The Red Zone
I frankly don't see anything wrong with the letters/notes. EVERBODY, writes stuff like that thinking as we all do, to be private thoughts. I do see something wrong with attacking her for being a human being. I hope here if FR, let's not get into that, because we are Republicans, we are better!
89 posted on 10/15/2005 6:10:20 AM PDT by ElPatriota (Let's not forget, we are all still friends despite our differences)
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To: LibLieSlayer
I think that if you objectively go back and look at the President's judgment in times that NO other President has been placed in, while you may not like his choice for SCJ, he has proven his judgment time and again.,

Campaign Finance Reform (McCain-Feingold) and prescription drugs under Medicare. Add Miers. No one is infaliable.

90 posted on 10/15/2005 6:12:21 AM PDT by kabar
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To: kittymyrib

I would hate to see you go "nukular" on Myers.


91 posted on 10/15/2005 6:14:10 AM PDT by irons_player
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To: XEHRpa; AmericaUnited
it is not only "not ideal" to have a justice who doesn't write well sitting on the court, but it detracts from the court's greater mission to expect the other justices to be spending valuable time helping another justice rewrite her poorly written opinions.

A melifluous style is not just the product of a flicitous predisposition for the well-crafted phrase, and writing style can be improved through rigours self-discipline and application.I am surprised that this work-bound fussy nominee has not been driven to try to improve the clarity of her expression, PARTICULARLY SINCE WRITING IS AN ATTORNEY'S STOCK IN TRADE. One worries that her thinking is just as tortuously muddled as her writing.

92 posted on 10/15/2005 6:14:59 AM PDT by AndyJackson
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To: AndyJackson
Sir, I don't think you should go to this. You don't have time and it is not important. Let me know. XXXXXXXXXX

ROTFLMAO!!! Why do I suspect she plasters her notes to the President with little Hello Kitty stickers...? :)

93 posted on 10/15/2005 6:14:59 AM PDT by KentTrappedInLiberalSeattle ("It'sTime for Republicans to Start Toeing the Conservative Line, NOT the Other Way Around!")
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To: AmericaUnited

You're looking at thge issue from a results oriented perspective. I'm not concerned how she'll vote on any given issue, I don't care if she can ape Scalia or Thomas's votes. That's not my vision of Conservatism.

I want a nominee who has a clearly expressed constructionist judicial philosophy and who is able to articulate it effectively. I see nothing in this nominee's background to suggest that she that ability. I simply cannot buy into the notion that we should accept this nominee because she'll (perhaps) vote correctly. There's simply too much at stake.


94 posted on 10/15/2005 6:18:06 AM PDT by Skip Ripley
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To: GarySpFc

You are the guy who tried to tell us that Miers was as qualified as John Marshall when he took the job, until I pointed out that Marshall did not just study law for a little bit, but studied it under John Whyte at William and Mary (Jefferson's law professor), and that by the time he was appointed to the Supreme Court, he was a hero of the revolution, had established a sound law career and was a leading elected and appointed member of our newly formed republic.


95 posted on 10/15/2005 6:20:42 AM PDT by AndyJackson
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To: KentTrappedInLiberalSeattle
I picked you for my first ever reply on Free Republic because you have such a snappy turn of phrase, and that would be the crux of things discussion-wise, apparently.

I noticed earlier in the thread someone had posted Mr. Reid's fairly recent disparaging remarks about Justice Thomas writing skills with, of course, the intent to poop on said Justice's mental acuity. What did Reid base this on? Does anyone know? I heard a sputtering defense here and there (see Ms. Ingraham) but never heard or saw anything substantive to counter the impression spread in the MSM that Thomas wrote poorly enough to embarrass the nation and wasn't smart enough to participate in the open court questioning. Is there something about Thomas' "stuff" that lends itself to this accusation? I got the distinct impression at the time that the comments were not Reid's, per se, but had some other source. Possibly SCOTUS sources, staff and otherwise? Someone, somewhere thought he was open to this kind of criticism.

Does Thomas write poorly? Who sets the standard of "embarrassing"? Anybody out there actually read any of his SCOTUS stuff? Can we find out if he uses Hallmark or American Greetings? Puppies or kitties? Just kidding.

I think the questions and criticisms directed at Miers have merit, there's meat on those bones. What I find so disappointing is the tenor of the debate. Having written my full share of goopy greeting cards and incoherant emails I wouldn't dare throw those kinds of stones at Ms. Meirs. If her professionally generated writings do indicate poorly organized thinking, well then, it will out in the hearings.

It is precisely this howling, chaotic tenor of destruction that will push a whole lot of people that I'd like to see serve our country out of or away from public service. I am sad when I think about that. I am also forever grateful that a personal hero of mine, Abraham Lincoln, didn't yield to the horrific personal attacks he endured, and prevailed in his public endeavors.

Finally, about IQ points, brilliant writing and repartee...so? 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? That making sweeping changes to a culture, religiously, morally, isn't something done of the moment, by a few folks who get themselves up in gowns and sit at a really high table? That taking the property of A and giving it to B isn't within the purview of those begowned individuals?

That's what smart, brilliant, well educated, stunningly written and eminently qualified has produced as far as I can understand.
96 posted on 10/15/2005 6:22:48 AM PDT by looloo
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To: All
Second, SC opinions are not set pieces. The drafts are reviewed, edited, re-edited, circulated among the Justices, discussed, and edited again and again until the meaning of the text matches the Justice's intent.

The criticism is bogus.

Bogus 'noise' from the Washington Compost indeed.

97 posted on 10/15/2005 6:24:14 AM PDT by AmericaUnited
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To: kabar
Anyone whose name we might recognize?

Steven Hawking.

Miers does not suffer his impediment.

98 posted on 10/15/2005 6:24:54 AM PDT by Gianni
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To: KentTrappedInLiberalSeattle

I have evolved. First, I was disappointed in the nomination. Then, I felt sorry for her. Now I just hope she withdraws.


99 posted on 10/15/2005 6:25:28 AM PDT by Malesherbes
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To: Do not dub me shapka broham

Bush is softening up the country for a Gonzales nomination.


100 posted on 10/15/2005 6:26:22 AM PDT by Paladin2 (MSM rioted over Katrina and looted the truth)
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