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October 03, 2005

Harriet Miers Nominated to Supreme Court

By Damon McCullar

From the AP wire:

President Bush on Monday nominated White House counsel Harriet Miers to replace retiring Justice Sandra Day O'Connor on the Supreme Court, reaching into his loyal inner circle for a pick that could reshape the nation's judiciary for years to come.

...

Democratic and Republican special interests groups were braced for a political brawl over the pick, Bush's second. But the lack of a judicial record may make it difficult for Democrats to find ground upon which to fight her nomination.

The President describes Ms. Miers as someone who strictly interprets the law. Does that mean strict constructionist? I don't think so, but she is a total wild card. An even bigger wild card than Chief Justice Roberts because he has no prior bench experience. This should make for interesting confirmation hearing for that reason alone. Ms. Miers was a chief architect in the lower court battles. Was she pivotal in developing the "Nuclear Option"? Does anyone know anything about her? Does anyone care?

Posted by Damon McCullar at October 3, 2005 07:27 AM | TrackBack

Comments

Seems she's a devout churchgoer, she's 60, gave money to Al Gore, was the first woman to serve as president of the Texas State Bar and the Dallas Bar Association, apparently had led the search for the job, was staff secretary in 2001, promoted to deputy chief of staff in June 2003, currently was the White House counsel, and gave $1,000 to Al Gore and Lloyd Bentsen.

All this is from the Washington Post, CNN, and Drudge.

Posted by: Phillip Martin at October 3, 2005 08:48 AM

She should be defeated (i.e. filibustered) on the grounds that she is unqualified. She is a corporate lawyer with no judicial exprience, and only about a year and a half worth of government / public service under her belt.

Posted by: WhoMe? at October 3, 2005 08:50 AM

I sure hope that people cause. This is a Supreme Court pick - not exactally a minor deal.

Being a White House Counsel I am sure she has an extensive knowledge of Supreme Court cases - but not the experience on interpretation that a nominee needs. The SC should be a place for the best JUDGES who have proved themselves with legal ability and reasoning.

Posted by: Grube at October 3, 2005 10:30 AM

Grube, by your logic, Abe Fortas and Earl Warren would never have made it to the Supreme Court . . . neither had prior experience on the bench before becoming Supremes.

You don't even have to have a law degree or be a member of the bar to be appointed to the federal bench.

Posted by: Keith at October 3, 2005 10:48 AM

That Harriet Miers contributed to the Gore 88 campaign says nothing. At that same time, a fellow by the name of Rick Perry was running around campaigning for him.

Posted by: Ken Molberg at October 3, 2005 12:10 PM

Well, Earl Warren was a state attorney general and governor, at least he had experience with public policy. I don't think you want Fortas comparisons, as there is some discussion about whether he was actually, temporarily filibustered after being nominated.

Posted by: norbizness at October 3, 2005 12:11 PM

I am very aware that you do not need a degree to be appointed to a federal bench. I was just giving my personal belief that to be on the top court in the land - you should have held some sort of judgeship before being nominated.

We dont need the equivelent as Brown was to FEMA on the Supreme Court.

Posted by: Grube at October 3, 2005 01:12 PM

Unfotunately there is precedent you dont need to have been a judge to be on the Supreme Court. Remember there was this guy named William Rhenquist?

However, this again proves the point Bush only knows two people. Everyone in his little immediate circle get all the jobs. What I also like is they picked someone was part of two of the most corrupt entities in Texas-- the Dallas City Council and the TX Lotto Commission. Yeah! Thats who I want to make ethical and constitutional decisions! Way to go Dubya!

Posted by: John at October 3, 2005 01:36 PM

There's dirt here, and it has to do with the lottery. C'mon, BOR, I'm used to getting all the GOOD scuttlebutt here -- but the best summary I've seen so far has been from the Guardian.

http://www.guardian.co.uk/worldlatest/story/0,1280,-5318713,00.html

Interesting that Charles Soechting was Nora Linares attorney, hey? Wonder what he could tell us about Miers?

Posted by: Cris at October 3, 2005 02:25 PM

Never trust a Democrat who becomes a Republican!

Apart from that, the other justices who came to the court with no judicial experience nonetheless had strong backgrounds in areas that lent at least some familiarity with constitutional law and thereby lent some credibility to their nomination to the court. Bush mentioned Rehnquist and White, both of whom as I recall served as assistant US Attorney Generals. Earl Warren served as California Attorney General. Felix Frankfurter was a noted constitutional law professor at Harvard. Somehow serving as a personal attorney of a governor and a personal secretary of a president doesn't seem to be related to constitutional law unless you take into consideration the violations of constitutional law by both the governor and president whom she served. And obviously served well. That seems to be her main "qualification" for the nomination. She served the governor and the president well.

Earl Warren is a good example, however, of how a supposedly conservative justice turns out to be anything but conservative. Eisenhower appointed him and then regretted having done so when Earl Warren led the court in its landmark Brown decision which ended segregation in this country.

You never know what a justice will do until they are on the court. No matter what they say during the hearings. Sandra Day O'Connor and David Souter both followed in the tradition of Earl Warren and shocked everyone including the presidents who nominated them.

I think the discussion and debate about Harriet Miers is moot. As did John Roberts she will have the support of a Republican majority in the Senate. When she actually becomes a justice will be the question. Since Sandra Day O'Connor will start hearing cases, it is doubtful Harriet Miers can just "pop in" at the last minute and rule on cases she didn't hear. It will be interesting to see how it's handled. If the Senate confirms her prior to recess, then she will take the bench. And then the question becomes whether the court has to hear the cases a second time. How can she rule on cases she didn't hear?

The only ones who can stop the nomination are the moderate Republicans in the Senate. It will be interesting to see if any of the serfs dare to oppose the king.

Posted by: Baby Snooks at October 3, 2005 03:39 PM

On NPR this morning (yes, I'm up early enough to listen to NPR) they said that any case in which O'Conner is a swing vote on will be "held" until the new associate justice has time to review the case and make a judgement.

Posted by: Damon C at October 3, 2005 04:02 PM

Grube seems to think that you should have judicial experience before being named to the Supreme Court. I definitely agree with him. I wonder then why he works for Kinky Friedman, who is running for Governor but has no history of government/public service or relevant political experience? Isn't that kind of the same thing?

Posted by: nadia at October 3, 2005 04:45 PM

nadia, the Supreme Court is a lifetime appointment, so if someone who isn't qualified is appointed, there's no way to undo it. If Kinky was elected as gov. he could be voted out just a few years later if he does a bad job.

Posted by: Tim Allen at October 3, 2005 05:04 PM

This is Charles Soechting and yes, I was Nora Linares attorney. First, I am going to keep this pretty short as I have a busy travel day tomorrow. there were two lawsuits, one against the Lottery Commission and one against the lottery vendor. The lawsuit against the Commission was settled with the payment of no money but an agreement that stated among other things "The termination of Ms. Linares, an at will employee, was not based upon any wrong doing be her." A first grader can debunk the Bush spin that "Miers was brought in to clean up the Lottery." How? The Miers-Bush timeline is backwards. The problems started AFTER Miers showed up. Nora was an early victim of the Karl Rove operation in Texas. This story is long but for now, part 2 is that I cannot talk about the settlement with the lottery vendor because of a confidentiality agreement that was signed many years ago. Most involved in Texas politics remember the terms as they were widely reported in the media. More to come. Charles P.S. As usual, this has not been edited or spell checked. CES

Posted by: charles soechting at October 3, 2005 07:36 PM

As Ken Molberg will remember, Rick Perry wasn't just campaigning for Gore, he was his Texas Co-Chairman in '88. But then opportunists climb onto any wagon heading their way, and damn the rest of us.

Obviously, Ms. Miers has a very limited public record, and it is sorely lacking in the kind of legal schoalrship and public service one typically expects from a Supreme Court Justice. As Charles points out more explicitly, her governmental service in Austin and Washington during the "W. era" has amounted to carryimg out the political agenda of George W. Bush and Karl Rove - and being the only female staffer invited to "chop cedar" on the ranch in Crawford.

There may be more to Ms. Miers than the obvious Bush ties that have raised the specter of Michael Brown cronyism, but the lack of public record has both the left and the right concerned. Have you heard Pat Buchanan railing?

Expect another "rope a dope" confirmation process, but given her lack of public record, this nominee should not be allowed to get by with "I can't answer that, Senator."

Posted by: Ed Martin at October 4, 2005 09:17 AM

"But then opportunists climb onto any wagon heading their way, and damn the rest of us."

Truer words were never spoken. And the Republicans usually welcome them with open arms. But then so do the Democrats.

Posted by: Baby Snooks at October 4, 2005 01:07 PM

"At least Earl Warren had public policy experience?"

Step in it again Grube . . . Dallas City Council, TX Lottery Commission, White House Counsel . . . it ain't being a governor, but it is public policy experience.

As opposed to Abe Fortas, who just stole an election . . . shit, they ought to name the Bush/Cheney recount team.

Posted by: Keith at October 4, 2005 09:59 PM
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