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SC Expert: "Hard to See" How Miers Could be Confirmed; Suggests Withdrawal "Sooner the Better"
Fox & Friends Weekend

Posted on 10/23/2005 4:32:20 AM PDT by governsleastgovernsbest

In a just-completed interview on Fox & Friends Weekend, Supreme Court expert Kenneth Jost said it was "hard to see" how Miers could be confirmed, and suggested that it would be in the interest of the White House to withdraw her "the sooner the better."

Jost is the author of the book "The Supreme Court from A-Z." My sense from having seen him in this and other appearances is that he is no conservative, and that he doesn't seem to have any particular axe to grind.

He said that it would be tough going no matter whom W would name to replace Miers, but suggested that Maureen Mahoney is something of a "female Roberts." Apparently she also clerked for Rehnquist and has had a brilliant private practice career. Without mentioning any by name, he stated that there could also be some Court of Appeals judges who would be respected on both sides of the aisle.


TOPICS: Constitution/Conservatism; News/Current Events; US: Texas; Your Opinion/Questions
KEYWORDS: bushbotbait; miers; scotus
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1 posted on 10/23/2005 4:32:20 AM PDT by governsleastgovernsbest
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To: governsleastgovernsbest

Here's Jost's bio:

Kenneth Jost is a Supreme Court reporter, author of Supreme Court Yearbook since the 1992-1993 edition, and a staff writer for The Congressional Quarterly Researcher. A graduate of Harvard College and Georgetown University Law Center, Jost has been reporting on legal affairs since 1970.

It does paint a portrait of a true expert, and not of a particularly political type. I believe he was telling it like he sees it with no axe to grind.


2 posted on 10/23/2005 4:37:07 AM PDT by governsleastgovernsbest (read my posts on Today show bias at www.newsbusters.org)
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To: governsleastgovernsbest

He didn't mention that Mahoney would create another issue among conservatives because she seems to be a strong proponent of Affirmative Action?


3 posted on 10/23/2005 4:38:15 AM PDT by paudio (Four More Years..... Let's Use Them Wisely...)
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To: governsleastgovernsbest
Jost is the author of the book "The Supreme Court from A-Z." My sense from having seen him in this and other appearances is that he is no conservative, and that he doesn't seem to have any particular axe to grind.

Ah, yes... but: is he a filthy, stinking, live puppy-swallowing ELITIST? Eh? Eh -- ?!? :)

4 posted on 10/23/2005 4:39:27 AM PDT by KentTrappedInLiberalSeattle ("It'sTime for Republicans to Start Toeing the Conservative Line, NOT the Other Way Around!")
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To: governsleastgovernsbest

Even though he is supposedly some of expert, it is hard to tell if he is conflating his own wishes with what is most likely to happen. There is a tendency for people to say what they want to happen is what is most likely to happen, even when it isn't.


5 posted on 10/23/2005 4:42:05 AM PDT by Mount Athos
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To: governsleastgovernsbest

I saw the interview. He seemed neutral as to right/left- a refreshing change of pace.


6 posted on 10/23/2005 4:43:23 AM PDT by SE Mom (..near Orlando, FL)
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To: paudio
He didn't mention that Mahoney would create another issue among conservatives because she seems to be a strong proponent of Affirmative Action?

No, Jost didn't mention that, but if she is on the record supporting affirmative action, I'd say that would rule her out after the Miers fiasco.

7 posted on 10/23/2005 4:55:01 AM PDT by governsleastgovernsbest (read my posts on Today show bias at www.newsbusters.org)
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To: KentTrappedInLiberalSeattle

Well, he did go to Harvard. I guess we can ignore him. For that matter, on the same basis, people should ignore me!


8 posted on 10/23/2005 4:55:45 AM PDT by governsleastgovernsbest (read my posts on Today show bias at www.newsbusters.org)
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To: Mount Athos

True, and that's possible, but he really didn't seem to be a political type. The fact that he works for Congressional Quarterly, a good government type publication rather than a partisan one, is another sign.


9 posted on 10/23/2005 4:56:40 AM PDT by governsleastgovernsbest (read my posts on Today show bias at www.newsbusters.org)
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To: governsleastgovernsbest

Just my guess, and I'm no expert, but I would wager that Harriet Miers will be gone by Friday. There is simply no up side to her nomination anymore. Dubya doesn't like to admit mistakes, and is loyal to a fault, but maybe Miers will ask to be let off the hook herself. Here's hoping!


10 posted on 10/23/2005 5:02:49 AM PDT by gridlock (Nature started the fight for survival, and now she wants to quit because she's losing... Monty Burns)
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To: governsleastgovernsbest
He's a adjunct professor at Georgetown, not exactly a conservative school.

The talking head liberal professor who looks like Mr. French from the old Family Affair show(can't remember his name) is also from Gerogetown.

If a reltiviely liberal professor is agianst Ms. Miers, I see that as a good sign.

11 posted on 10/23/2005 5:07:52 AM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Dane
He's a adjunct professor at Georgetown.

As you know, adjuncts are typically experts from the local community. They are not full-time faculty members, and much less likely to be part of the liberal cabal that runs academia.

Look, it wouldn't surprise me if the guy votes Democrat. But if you'd seen him, I believe you'd agree that he didn't have any particular political axe to grind. He is, and was there in his capacity as, an expert.

12 posted on 10/23/2005 5:10:28 AM PDT by governsleastgovernsbest (read my posts on Today show bias at www.newsbusters.org)
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To: gridlock

"I would wager that Harriet Miers will be gone by Friday."

You should enter my Miers Date and Time of Withdrawal Pool. Grand Prize is a jumbo-sized eraser. Seriously!

http://www.freerepublic.com/focus/f-chat/1506652/posts


13 posted on 10/23/2005 5:12:07 AM PDT by governsleastgovernsbest (read my posts on Today show bias at www.newsbusters.org)
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To: Dane
If a reltiviely liberal professor is agianst Ms. Miers, I see that as a good sign.

One of very few bright spots, IMO. She's looked like Souter in a dress to me since day one, and I've seen very little to reverse that impression, but several tidbits to somewhat confirm it.

I wish the Senate would send her back to the White House with a note pinned on her saying "Send us Janice Rogers Brown."

I wrote my Senator (the one who might listen) with that suggestion, but I doubt it will happen.
14 posted on 10/23/2005 5:19:34 AM PDT by publiusF27
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To: governsleastgovernsbest
No, Jost didn't mention that, but if she is on the record supporting affirmative action, I'd say that would rule her out after the Miers fiasco.

Perhaps; but, I would be more interested in why she "supported" affirmative action. A strict constructionist might look at Congressional intent, and support the law as passed by the representatives of the people, as long as it were otherwise aligned with the Constitution. It is not where the nominee personally stands, but how he approaches the question of law that matters. A referee can be an ardent fan without allowing his personal preference to interfere with his professional judgment. As long as the justice can separate the political aspect from the judicial aspects of an issue they will serve us well.
15 posted on 10/23/2005 5:21:30 AM PDT by ARCADIA (Abuse of power comes as no surprise)
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To: gridlock
Here's hoping!

Once the right gets rid of Miers the Gang of 14 can tell the Democrats that since the Right forced a candidate to withdraw it is OK for the Democrats to Fillibuster future Bush appointments.

With any luck at all the Democrats can stall and filibuster until HIllary is elected. Then she can appoint Bill Clinton as the O'Connor replacement.

And I know you would much prefer Bill To Harriet any day... wouldn't you?

The court is lost. The right has handed it to the Clintons, The right is just way to dumb to yet know it, yet.


16 posted on 10/23/2005 5:25:51 AM PDT by Common Tator
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To: Dane

Just heard on Fox news that the adminisration is planning a way to with draw her.


17 posted on 10/23/2005 5:25:57 AM PDT by TXBSAFH (The GOP needs to be made to toe the conservative line, not the other way around.)
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To: flashbunny; Stellar Dendrite

ping


18 posted on 10/23/2005 5:30:57 AM PDT by governsleastgovernsbest (read my posts on Today show bias at www.newsbusters.org)
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To: governsleastgovernsbest

Bush needs to nominate Janice Rogers Brown. Period.
He needs to call the Democrats' bluff on filibustering this fine candidate.

I don't think they are that stupid as to try it.
But if they are, so be it.
Let's make some more history they will come to regret.



19 posted on 10/23/2005 5:35:17 AM PDT by counterpunch (SCOTUS interruptus - withdraw Miers now)
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To: Common Tator

And the Emmy goes to...


20 posted on 10/23/2005 5:36:27 AM PDT by counterpunch (SCOTUS interruptus - withdraw Miers now)
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