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Slouching Towards Miers [Robert Bork]
Wall Street Journal ^ | 10-19-2005 | Robert Bork

Posted on 10/18/2005 9:43:27 PM PDT by Stellar Dendrite

Bush shows himself to be indifferent, if not hostile, to conservative values.

With a single stroke--the nomination of Harriet Miers--the president has damaged the prospects for reform of a left-leaning and imperialistic Supreme Court, taken the heart out of a rising generation of constitutional scholars, and widened the fissures within the conservative movement. That's not a bad day's work--for liberals.

There is, to say the least, a heavy presumption that Ms. Miers, though undoubtedly possessed of many sterling qualities, is not qualified to be on the Supreme Court. It is not just that she has no known experience with constitutional law and no known opinions on judicial philosophy. It is worse than that. As president of the Texas Bar Association, she wrote columns for the association's journal. David Brooks of the New York Times examined those columns. He reports, with supporting examples, that the quality of her thought and writing demonstrates absolutely no "ability to write clearly and argue incisively."

The administration's defense of the nomination is pathetic: Ms. Miers was a bar association president (a nonqualification for anyone familiar with the bureaucratic service that leads to such presidencies); she shares Mr. Bush's judicial philosophy (which seems to consist of bromides about "strict construction" and the like); and she is, as an evangelical Christian, deeply religious. That last, along with her contributions to pro-life causes, is designed to suggest that she does not like Roe v. Wade, though it certainly does not necessarily mean that she would vote to overturn that constitutional travesty.

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


TOPICS: Editorial; Politics/Elections
KEYWORDS: bushsquagmier; harrietmiers; iwasinthepool; miers; robertbork; scotus; souterinaskirt
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1 posted on 10/18/2005 9:43:33 PM PDT by Stellar Dendrite
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To: Texas Federalist; Rodney King; ARealMothersSonForever; NixonsAngryGhost; indcons; 2ndreconmarine; ..

ping.

you can use bugmenot.com to bypass registration


2 posted on 10/18/2005 9:44:36 PM PDT by Stellar Dendrite ( Mike Pence for President!!! http://acuf.org/issues/issue34/050415pol.asp)
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To: Stellar Dendrite

UMMM... BORK, BORK, BORK!
3 posted on 10/18/2005 9:45:12 PM PDT by Andy from Beaverton (I only vote Republican to stop the Democrats)
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To: Stellar Dendrite

Why do people always post excerpted articles that require registration? Man...that just ticks me off.

:)

Rift, rift, rift!!!!


4 posted on 10/18/2005 9:45:54 PM PDT by writer33 (Rush Limbaugh walks in the footsteps of giants: George Washington, Thomas Paine and Ronald Reagan.)
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To: flashbunny
"Some moderate (i.e., lukewarm) conservatives admonish the rest of us to hold our fire until Ms. Miers's performance at her hearing tells us more about her outlook on law, but any significant revelations are highly unlikely. She cannot be expected to endorse originalism; that would alienate the bloc of senators who think constitutional philosophy is about arriving at pleasing political results. What, then, can she say? Probably that she cannot discuss any issue likely to come before the court. Given the adventurousness of this court, that's just about every issue imaginable. What we can expect in all probability is platitudes about not "legislating from the bench." The Senate is asked, then, to confirm a nominee with no visible judicial philosophy who lacks the basic skills of persuasive argument and clear writing."
5 posted on 10/18/2005 9:51:37 PM PDT by Stellar Dendrite ( Mike Pence for President!!! http://acuf.org/issues/issue34/050415pol.asp)
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To: Stellar Dendrite
Judge Bork "shows himself to be indifferent, if not hostile, to" the Second Amendment, as well as the Ninth and Tenth

Better find someone who's more of a strict constructionist.
6 posted on 10/18/2005 9:52:17 PM PDT by decal (Mother Nature and Real Life are conservatives; the Progs have never figured this out.)
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To: Stellar Dendrite

Bork is bitter.


7 posted on 10/18/2005 9:53:42 PM PDT by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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Comment #8 Removed by Moderator

To: Stellar Dendrite; The Red Zone
Bork for the Court!!

Bork for the Court!!

(And why the hell shouldn't he be bitter.)

9 posted on 10/18/2005 9:58:46 PM PDT by mcenedo (lying liberal media - our most dangerous and powerful enemy)
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To: llevrok

Thanks, llevrok. I was just kidding, but thanks anyway. I appreciate it.


10 posted on 10/18/2005 10:00:14 PM PDT by writer33 (Rush Limbaugh walks in the footsteps of giants: George Washington, Thomas Paine and Ronald Reagan.)
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To: mcenedo

Slouching towards gungrabbing.


11 posted on 10/18/2005 10:00:50 PM PDT by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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To: Stellar Dendrite
"Some moderate (i.e., lukewarm) conservatives admonish the rest of us to hold our fire until Ms. Miers's performance at her hearing tells us more about her outlook on law, but any significant revelations are highly unlikely."

I guess Mr. Bork would concider all the Republican Senators on the Senate Judiciary committee to be lukewarm then.

Thier Statements...

Mr. Brownback (R) “I congratulate Harriet Miers on her nomination to be Associate Justice of the United States Supreme Court and I look forward to learning at her confirmation hearing whether she possesses a firm commitment to the Framers' Constitution and to the rule of law,” Brownback stated. “I am hopeful that Ms. Miers will be, as President Bush promised, a qualified nominee in the mold of Justices Scalia and Thomas who will strictly interpret the law and will not create law.”

Brownback, a member of the Judiciary Committee and chairman of the Constitution Subcommittee, previously commented that he hoped the President would nominate a jurist who would strictly interpret the Constitution and who has a well-formed judicial philosophy and stated positions on important issues.

Brownback continued, “I have said in the past that I would like a nominee with a proven track record on important issues to all Americans and whose judicial philosophy is well-formed. I am not yet confident that Ms. Miers has a proven track record and I look forward to having these questions answered. President Bush has a long-standing working relationship with Ms. Miers and I trust the President knows her heart and her mind. Even so, the confirmation process has just begun and questions about her views on the Constitution need to be answered. As President Bush and President Reagan have commented in the past, in this regard I feel we must trust but verify.”

Mr. Coburn (R) “Harriet Miers deserves a fair and thorough hearing and confirmation process. I look forward to learning more about her qualifications and judicial philosophy in the coming days,” Dr. Coburn said, adding that he plans to meet with Miers this week.”

Mr. Graham (R) “President Bush has made a solid pick for the Supreme Court.

“Harriet Miers has been in the legal trenches throughout her career and has a tremendous understanding of how the law works in people’s everyday lives. Her legal experience combined with her life experience makes her a solid choice.

“I hope for and anticipate a smooth confirmation process with a significant bipartisan vote in support. In my opinion, there will be no filibuster as she is a mainstream conservative who will be a strict constructionist on the Supreme Court.”

Mr. Sessions (R) “My conversations with Harriet Miers indicate that she is a first-rate lawyer and a fine person. Her legal skills are proven and her reputation throughout the legal community is excellent. It is not necessary that she have previous experience as a judge in order to serve on the Supreme Court. It’s perfectly acceptable to nominate outstanding lawyers to that position. I look forward to the confirmation process and to learning more about her judicial philosophy.”

Mr. Cornyn (R) "The President has announced his nominee to replace Justice Sandra Day O'Connor on the Supreme Court of the United States: Harriet Miers, currently serving as White House Counsel. As he did with Judge John G. Roberts, Jr., the President has chosen an outstanding nominee for our nation's highest court. The Senate should consider this nomination in both a thorough and expedient manner.

"Harriet Miers is a brilliant legal mind. She is a woman of outstanding character who clearly understands what it means to follow the law. She is deeply committed to public service, and has a distinguished history of professional achievement. It is clear that her past experiences have well prepared her for the honor of serving our country as a Supreme Court Justice. I strongly support her nomination.

"It is important that we put aside partisanship, and that the Senate fulfill its constitutional responsibility of advice and consent. This fine nominee must be treated with civility and respect, not as a political pawn. I hope that we in the Senate can move forward in a manner worthy of the American people."

12 posted on 10/18/2005 10:02:21 PM PDT by Earthdweller (Proud right-winger who loves this country)
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To: writer33
Because, m'friend, that the Constitution of the United States provides explicit protection for the copyright of original writings. Our good host here is to be commended for his adherence to the excerpting policy, and the assorted publications from which we see articles posted are absolutely and 100% entitled at law to protect the unauthorised involuntary distribution of the works they've PAID to publish.

It's called ''property''. Perhaps you've heard of the concept? (No bets, either way, on that one.)

Sorry if you find the Constitution inconvenient. Perhaps you can apply for a position on the Supreme Court when Hitlery is elected, eh?

(signed) Your Friendly Neighbourhood Professional Writer

13 posted on 10/18/2005 10:02:41 PM PDT by SAJ
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To: writer33

Gotcha covered.


14 posted on 10/18/2005 10:03:06 PM PDT by llevrok ("Don't go by the book. Think like a pirate!" - Tigg'r)
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To: Stellar Dendrite
Bush shows himself to be indifferent, if not hostile, to conservative values.

That bears repeating.

15 posted on 10/18/2005 10:03:31 PM PDT by my_pointy_head_is_sharp (We're living in the Dark Ages.)
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To: Stellar Dendrite
Robert Bork! That Robert Bork? What has he ever done for the conservative cause? When has he bled and been left wounded on the battlefield? What right has he to speak his mind about constitutional law?

Oh, . . . That Robert Bork!!. Well, never mind.

16 posted on 10/18/2005 10:04:26 PM PDT by phelanw
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To: The Red Zone

I fully concur.

Bork gives us a new refinement to the definition:

" SOUR GRAPES "

What a small man -- in every sense of the word.


17 posted on 10/18/2005 10:05:55 PM PDT by dk/coro
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To: Stellar Dendrite

"Bork Here! Still Opposed! Number of days opposed is mounting steadily, and should soon reach the tipping point. And remember, not only do I still oppose this nominee for what we don't know about her, but I also oppose her because she is one of those nut-case gun owners who thinks the 2nd amendment applies to her"

:->

Still in the (now-minority) waiting-to-see camp.....


18 posted on 10/18/2005 10:06:41 PM PDT by CharlesWayneCT
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To: writer33
For ''protect'', please read ''protect against''.

My apols for the poor phrasing.

19 posted on 10/18/2005 10:06:46 PM PDT by SAJ
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To: SAJ

Take a valium. I was kidding, my friend. But I guess the smiley face confused you. (The bets still out on that one.)

Your neighborhood unprofessional writer.


20 posted on 10/18/2005 10:07:57 PM PDT by writer33 (Rush Limbaugh walks in the footsteps of giants: George Washington, Thomas Paine and Ronald Reagan.)
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