Harriet Miers and the Myth that Great Justices Must Be Former Judges from Elite Law Schools

findlaw ^ | October 6, 2005 | SCOTT GERBER

[Chena]

Thank you for this post. Food for thought for anyone, let alone the Donner Party. ;)

[paulat]

It has however been implied elsewhere

My point EXACTLY!!! Not on this site!!

[Chena]

I've been looking forward to an article like this all day since I read that 30% of all SC Justices never served on the bench. Still don't know if that's true, but this article sure demonstrates that such a pre-requisite isn't necessary for a great Justice. Still haven't made my mind up about Miers, but thanks for the info.

It does my heart good when I read another poster's comments that show that the poster has an open-mind. I find it inspiring after reading so many people exposing their closed minds. Thanks for that. :)

[Chena]

Might be interesting to make a list of the odd, hopefully weird, jobs SC Justices held prior to their enshrinement.

Oh yes indeed, it would be wonderful if someone could come up with a list such as that. I'm betting that someone will. And when that "someone" posts such a list, I'm sure there will STILL be excuses as to why that shouldn't matter.

[de Buillion]

"Harriet Miers and the Myth that Great Justices Must Be Former Judges from Elite Law Schools findlaw ^ | October 6, 2005 | SCOTT GERBER "

This is totally unrelated to my feelings of unease over Harriet Miers, and I believe similar feelings of many here on FR. My feelings are: Harriet Miers just might not be conservative enough for my Republican, conservative stance. I could care less that she has never been a judge. I aslo could care less about her Alma Mater. Rather, I feel that a non-prior judge is preferable, as well as a non-Ivy League grad. I am particularly happy that she is a Christian.

However, I am concerned that a person who has never married, and reached the age of 50, may not understand life as most Americans have lived it. Janet Reno comes to mind.

This article from Scott Gerber never adresses the relative liberal/ Conservative stance of MISS Miers, maybe because he dosen't have a clue- or DOES he?

[Bonaparte]

In their oath of office, they solemnly swear that they will support and defend the Constitution of the United States of America.

That's the only kind of judge who should sit on that court.

[Bonaparte]

Are you saying a person who remains single cannot fulfill her oath of office on the USSC?

[Nathan Zachary]

She made a choice, career over marriage and all that goes with it. She shouldn't be condemned for that. These aren't the old days when a woman is expected to conform to those traditions. Perhaps you might consider her choices from a different perspective, that she didn't want the married life, children, things she couldn't devote full attention to without distracting her from her career goals, as well as being unable because of her career to devote all the time full attention and energy she would want to for family life. It doesn't mean she doesn't understand what that life is all about, I'm sure she has married friends, and she is involved in the community and church. Besides, how much of that will be an issue with her job? Not much I suspect, except for definition of marriage, which I think she consults od and nature about. I'd much rather she her in the position than someone who is a member of the secret, seedy and corupt elitist liberal club.

[Lancey Howard]

Oh boy, so this liberal author likes Bush's choice of Miers.
Now I feel better.

[de Buillion]

"Are you saying a person who remains single cannot fulfill her oath of office on the USSC? "

Are you trying to put words in my mouth? You may go back to reread my concern, reproduced here for your benefit: I am concerned that a person who has never married, and reached the age of 50, may not understand life as most Americans have lived it. Janet Reno comes to mind. I also believe that I stated my concern was her political slant, specifically, Conservative or Liberal. That's all. I regret that I was unclear.

[Lancey Howard]

A "straw man" myth the Bush 'zoids and their paid pundits have created.

Yep. It is astounding how many "pundits" and columnists have taken that lazy soundbite of a defense and run with it. But even more disappointing is the number of people around here who apparently buy it. I sure don't give a crap about "Ivy League". All that means to me is Division II football.

[Racehorse]

You raise an interesting point.

Thanks.

Justice Byron White - Professional Football - Check.

Enjoyed your article.  Thanks for posting them for us.

Something I've not seen mentioned hereabouts as a cause for concern is all the mounting pressure for Harriet Miers to talk.  If this conservative snipping does not cool, she will be sitting before the Judiciary Committee under more pressure from unelected conservatives than from the usual Democratic committee Grand Inquisitors.  How strange.

She dare not reveal her thoughts about those things she ought not talk about.

If she doesn't talk, the unhappy ones typical of posters here will have a cow.

Not an enviable position for the lady from Texas.

[de Buillion]

"She made a choice, career over marriage and all that goes with it. "

Janet Reno made the same choice, I believe (not sure), and while I do not condemn her for that, there are several other things that I do condemn her for. But, can anyone here or anywhere else assure me that Harriet is Conservative?

[Map Kernow]

It is astounding how many "pundits" and columnists have taken that lazy soundbite of a defense and run with it. But even more disappointing is the number of people around here who apparently buy it.

My guess is, the Bush people have "focus group tested" it---this "reverse snobbery" talking point---, as a kind of pseudo-populist "anti-elitist" rallying cry for the base. It's the only way they have to try to "sell" this embarrassing choice for a crucial Supreme Court seat of another Bush crony to the average Republican voter, the one they're depending on to turn out and vote November of next year.

[Lancey Howard]

I read where Ed Gillespie tried to use the bogus "elitism" defense at some conservative pow wow and nearly got his head bitten off.

[Ken H]

It looks to me like she is going to face critical questioning from both sides. I think the SJ Committee as a whole will demand more specific answers from Miers than it did from Judge Roberts.

[gatorbait]

But, can anyone here or anywhere else assure me that Harriet is Conservative?

Has anyone here assured us she is not?

[Bonaparte]

Hey, no problem. I was just axin. By the way, are you concerned that a justice who's been married all her life might not understand life as single people do?

[RepublicanWithIntegrity]

Show some respect. She was the Counsel to the President and the first female President of the Texas Bar.

[Bahbah]

I have infinitely more respect for Harriet Miers than for many of my fellow graduates like Joe Lieberman and John Kerry, to name to people not entirely at random.

That puts things nicely in perspective.