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To: Cboldt

I gave her resume a B+....that's OK.

I gave her pro-life position and A+ (it's very impt to me.)

I gave her pro-gun positon a B+ (I've got no further details about it.)

She's got a few things on the good side.


64 posted on 10/26/2005 6:23:35 AM PDT by xzins (Retired Army Chaplain and Proud of It!)
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To: xzins
I gave her pro-life position and A+ (it's very impt to me.)

I agree that she personally abhors abortion. But I do not give her an A+ for what I infer her judicial philosophy to be in that area.

She checked off "yes" as to whether she supported using the Constitutional Amendment process to make some abortions illegal.

A Constitutional Amendment takes the matter out of the hands of Courts and the legislature, and that presence of a constitutional amendment would preclude not only legislative activity, but also court activity.

However, if she support a Con amendment, she does for a reason. Once could be impatience with the court in relinquishing control (reversing Planned Parenthood, Roe), the other being a belief that the court could not credibly reverse, i.e. deference to stare decisis as O'Connor did in Planned Parenthood. Interesting historical note, AFAIK, the Dred Scott decision was never reversed, showing that on occasion, an extra-court process comes into play - in that case, the 14th amendment.

So, again, her personal pro-life stance does not illuminate her judicial philosophy at all. And her "check box" for supporting undertaking the Con Amendment process, without further expression of why she made that pick, can go either way.

Another useless data point, that can be spun by Miers supporters as advocating a pro-life legal outcome.

Oh - a parallel in our history is prohibition. A Con Amendment took the decision out of the political process "once and for all" (Hahahahahah). We all know how well the prohibition was respected - it made more than one gangster family rich, Kennedy and Al Capone come to mind. But a Con Amendment is the ultimate "top down" solution. Today, with no such centralized edict, one can still find dry counties in the USA. And that is the way it should be, local control with the ability to make fine grained changes without imposing "my way or the high way " on everybody else in the country.

http://www.freerepublic.com/focus/f-news/1505169/posts?page=12#12

The contents of some of her speeches are coming out too, and likewise, they are vague enough that they can be spun either way. However, using the conventional parsing, Ms. Miers appears to advocate "self-determination" regarding abortion, which means absence of legal limitations on obtaining an abortion.

http://www.freerepublic.com/focus/f-news/1509389/posts <- Speeches reviewed

70 posted on 10/26/2005 6:33:40 AM PDT by Cboldt
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To: xzins
You know everyone is worried about Miers and whether she will be "conservative enough". Roberts is the one I worry about. I would guess that Miers will end up being more conservative than Roberts.

Roberts is clearly smarter than everbody else in Washington. My experience is that people who are smarter than everbody else are the ones that you often can't trust.

78 posted on 10/26/2005 6:54:42 AM PDT by kjam22
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