[Do not dub me shapka broham]

Fein said he is more concerned about Miers's legal thinking than her syntax, especially as outlined in her three-page letter to then-Gov.Bush on June 11, 1995, when she was the former state bar president. The letter implored Bush to veto a bill moving through the Democratic-controlled legislature that would have prevented the state Supreme Court from capping lawyers' fees.

"This proposed law does violence to the balance of power between the legislative and judicial branch of our State's government and constitutes an assault upon the powers of the Supreme Court" just as it had fallen into "Republican hands for the first time," Miers wrote.

Fein said it is outrageous to invoke separation-of-powers arguments when a legislature -- wisely or not -- tries to foster free enterprise. By citing the GOP's new control of the Texas Supreme Court, he said, Miers seemed to be seeking a partisan outcome on shaky constitutional grounds.

[The Red Zone]

Like any good lawyer she is pitching for the team that hired her. If that's the best argument that can be made then she will make it.