More on Specter-Leahy
The morning coverage is dominated by the the story of Sens. Arlen Specter (R-Pa.) and Patrick Leahy (D-Vt.) seeking a do-over from HEM on her take-home exam. Bloggers and others continue searching out inadequacies in her questionnaire, including her discussion of venue and equal protection (see below) as well as in her prose, reputation for meticulousness and her tardiness in submitting the document.
In her favor, meanwhile, is a WSJ Op-ed (subscription) co-written by Ken Starr and Ronald A. Cass, picking up the theme that Miers's experience in corporate law is something the SCOTUS could use. "... We value her significant experience in business law," they write.
Charles Babington and Michael A. Fletcher report in The Washington Post:
The top two members of the Senate Judiciary Committee yesterday complained about the written responses they received from Supreme Court nominee Harriet Miers this week, and warned her to expect tough questions from Republicans and Democrats alike when her confirmation hearing begins Nov. 7.
The Post story includes the following interesting item:
Meanwhile, several constitutional law scholars said they were surprised and puzzled by Miers's response to the committee's request for information on cases she has handled dealing with constitutional issues. In describing one matter on the Dallas City Council, Miers referred to "the proportional representation requirement of the Equal Protection Clause" as it relates to the Voting Rights Act.
"There is no proportional representation requirement in the Equal Protection Clause," said Cass R. Sunstein, a constitutional law professor at the University of Chicago. He and several other scholars said it appeared that Miers was confusing proportional representation -- which typically deals with ethnic groups having members on elected bodies -- with the one-man, one-vote Supreme Court ruling that requires, for example, legislative districts to have equal populations.
David D. Kirkpatrick reports in the New York Times:
The Supreme Court nomination of Harriet E. Miers suffered another setback on Wednesday when the Republican and Democratic leaders of the Senate Judiciary Committee asked her to resubmit parts of her judicial questionnaire, saying various members had found her responses "inadequate," "insufficient" and "insulting."
Maura Reynolds and Janet Hook in the L.A. Times:
The Supreme Court nomination of Harriet E. Miers, already troubled by a lack of enthusiasm on Capitol Hill, ran into more rough ground Wednesday when senators from both parties rejected her responses to a questionnaire as insufficient.
By Fred Barbash |
October 20, 2005; 3:09 AM ET
| Category:
Reaction to Harriet Miers Appointment
Previous: Miers Also Failed to Pay Bar Dues in Texas |
Next: Bush Looking for a 'Fresh Outlook' on the Court
Posted by: norman | October 20, 2005 05:51 AM
IT IS TIME TO DEFEAT MEIERS TO THE SUPREME COURT. IT IS TIME THAT THIS PRESIDENT BEGIN TO SELECT PEOPLE OTHER THAT THOSE HE FEELS ARE IN HIS LEAGUE. AMERICANS NEEDS A LEAGUE OF THEIR OWN.
MR. BUSH SHAPE UP FOR THE SAKE OF THE AMERICAN CITIZEN AND THE FUTURE OF THE COUNTRY. NOW IS THE TIME TO REALLY COME TO GRIPS WHAT IT MEAN TO BE PRESIDENT.
Posted by: M.W. WERNER | October 20, 2005 06:03 AM
I think we need n investigation of why we need nine justices to sit around with an array of clerks to debate each other on 80 cases a year. Sit pontifically and ask presenters a lot of questions of dubious value. Then write ambiguous rationales for their respective majority and minority opinions. A very costly overstated operation that probably thinks it is above scrutiny. May be Harriet will get these duffers to do some real work.
Posted by: William Bruce | October 20, 2005 06:32 AM
Wm. Bruce: you are a satirist, no?
Posted by: norman | October 20, 2005 07:04 AM
Hey Norman, Sure would like to see you fill out a 74 page questionaire for any job you ever applied to without leaving out or forgetting something
Posted by: A.W.Siegmund | October 20, 2005 08:28 AM
Sure, we have an idiot for a President let's pack the Supreme Court with them as well. Heaven forbid that Harriet Miers should be able to stand up to all the other justices on the same court. As anyone who has spent time in court or even on a debate team can tell you, if you don't have the stuff you are just another piece of furniture.
I'd think that having Michael Brown's performance at FEMA would have been a sufficiently obvious lesson in the perils of having stupid people running things. There is method to what some seem to think is the madness of having high standards for people in positions of power.
Posted by: lpdrjk | October 20, 2005 09:17 AM
lpdrjk:
I agree that the Michael Brown case was a very obvious, high-profile, glaring lesson that was missed when Bush nominated Miers.
The inadequate questionnaire is further evidence that Miers is not ready for the "prime time" of the Supreme Court. Miers should have had a constitutional lawyer or consultant assist her with the questionnaire. This was her time to really shine and push back the critics, and she failed. She should have known that the questionnaire was a "high-profile" item.
But, like Bush, she seems to be treating this nomination casually. She doesn't deserve to be on the S.C.
Bush appointed her as a reward---"she's the eomployee of the month!! I'll put her on the Supreme Court!"
How glib, how undignified.
Posted by: lemmuel | October 20, 2005 09:45 AM
lpdrjk:
I agree that the Michael Brown case was a very obvious, high-profile, glaring lesson that was missed when Bush nominated Miers.
The inadequate questionnaire is further evidence that Miers is not ready for the "prime time" of the Supreme Court. Miers should have had a constitutional lawyer or consultant assist her with the questionnaire. This was her time to really shine and push back the critics, and she failed. She should have known that the questionnaire was a "high-profile" item.
But, like Bush, she seems to be treating this nomination casually. She doesn't deserve to be on the S.C.
Bush appointed her as a reward---"she's the eomployee of the month!! I'll put her on the Supreme Court!"
How glib, how undignified.
Posted by: lemmuel | October 20, 2005 09:46 AM
I think the Miers nomination is a lot more sinister than simple cronyism. She has an attorney/client relationship with Bush and therefore has a continuing duty to her client. She also is WH Counsel, which gives her a continuing duty to the office of the president and the exectuive branch. This could impede Congress' ability to perform its oversight duties, say, if the presdient refuses to submit documents, as Bush always does. Only once in US history has a sitting president appointed his own lawyer to the SC, Andrew Jackson, appointed Roger Taney. There is no instance of a sitting presdient appointing a current WH Counsel. It's not a good precedence to set. In fact, its like rigging the jury and obstruction of justice, aforethought.
Posted by: Kathleen | October 20, 2005 10:25 AM
From reading newspaper articles, blogs, listening to NPR, etc, it is clear the HEM's responses to the Senate Judiciary Committee are insufficient. But is it possible that the real reason for that is that there is no there there? Perhaps the Empress has no judicial clothes, and barely any legal clothes.
Posted by: Michael | October 20, 2005 11:36 AM
I agree with you Kathleen, but conflict of interest has been standard fare in the Bush Admin. and when it's brought to light, they just scoff. This is not representative of the people of America but of the people who want to keep in power.
Posted by: JMC | October 20, 2005 11:42 AM
Definitely no judicial clothes, never been a judge. You've got to love how she misplaced the "proportional representation requirement" and hung it in the front yard for all to see. I am sure that made John Roberts roll his eyes. If she gets confirmed the conspiracy flags will go up.
Posted by: JMC | October 20, 2005 11:49 AM
Attorney Miers is on public record as being against abortion and has signed petitions and contributed money in campaigns to halt the practice. I don't see why the Judiciary Committee continues to posture over the issue. You have to assume that if a challenge ever comes up in Roe vs. Wade she will vote to repeal it. I think there are too many obstacles too many reservations being posited by the Senators already. If I were Miers I would withdraw and spare myself the humiliation of ultimate rejection.
Posted by: Big Dave | October 20, 2005 11:50 AM
I agree with JMC, and think her responses to the questionnaire are a true indicator she's not prepared for this position. Ideology aside, she simply doesn't appear to have the depth of knowledge about the law one would like to see in someone about to take a seat on the Supreme Court. Doesn't make her a bad person, just not the right candidate, and forcing her down out throats is damaging to all involved.
Posted by: esse | October 20, 2005 12:01 PM
This administration has made it abundantly clear that it is NOT what you know that gets you ahead, but it's WHO you know that gets you ahead.
Posted by: Arliss | October 20, 2005 12:08 PM
Shades of Richard Nixon. Who else remembers Carswell and Roman Hruska's remark that "Even if he were mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they, and a little chance?" Let's hope that this Senate, like the one that rejected Carswell, thinks more of the Court than that.
Posted by: jeff | October 20, 2005 12:29 PM
jeff,
Carswell failed by a vote of 51-to-45, and Miers will meet the same fate. Miers might barely make it out of Committee; after all, a Judiciary Committee member can vote in favor just to get the nomination onto the floor, and then vote against.
I predict Miers will have ten GOP senators vote against her, and only two (yes, two) Democratic Senators vote in favor. That'll mean her confirmation fails by 53-to-47.
Of course, at the rate she's going, Miers could just crash and burn altogether and lose by a wide margin in Committee. She hasn't been very impressive so far at all.
Posted by: lemmuel | October 20, 2005 03:26 PM
The President is displaying his usual arrogance and contempt for what other smarter, brighter, more reflective, and knowledgeable people think. I think his personality consists of his feeling of God given right, by the silver spoon he inherited and never earned, coupled with a average IQ and lack of critical thinking skills.
His appointment of Harriet Miers is an insult to all American Citizens and the Supreme Court. Her primary qualifications are a brown nose & thinking Bush is God. Anyone that thinks he is brilliant says a lot about his or her intellect & ability. If she is confirmed than it shows, we have elected a bunch of idiots to the Senate, which the more I see Illegal Aliens overrunning this country, the crime & cost to this country the more convince I am we have either Stupid or Corrupt Politicians and/or both!
But in spite of the lack of any qualifications for the Supreme Court she is probably a decent person and has many more qualifications for that job then George Bush has for President! From just viewing his policies without any knowledge of the one responsible, I think most would decide we had a Left Wing Liberal Democrat in office! His out of control spending & deficits, pork barrel lading bills, cronyism and the sheer stupidity & incompetence of lack of any foresight in managing Iraq after the conquest was total complete incompetence by him and his advisors. Not to speak of his just not getting it about Hurricane Katrina and the dismal failure after years of planning and Billions of Dollars again demonstrates a disturbing incompetence!
Cronyism, Incompetence, Corruption & refusal to enforce our Immigration Laws and his intent to reward Illegal Aliens for breaking our laws and Businesses with nearly Slave labor at the expense of American Citizens is all a continuation of Democrat Left Wing Policies and is the hallmark of his administration.
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His discovery after 5 years in office and 4 years after 9/11 that we have a serious Illegal Alien Invasion with millions of poorly educate people pouring across our open borders is beyond belief. His brilliant solutions to the problem are just making them legal, that will take care of the Illegal Alien problem! It shows he has no concept of what problems will be caused by having millions more poorly educated , prolific breeders with a 50% high school drop out rate, the billions in cost for their benefit's, the crime, the lowing of our standard of living & erosion of the Middle class ,will have on this country! It also shows disrespect for Laws & the Rule of Law, as he proved again with the Meirs nomination to the Supreme Court! While I feel sorry for Miers that was threw into a situation and position she is clearly not qualified by a Stupid President with a King George Complex, this feeling does not extend to King George!
I am one of his many Ex-supporters that feel betrayed by this President! I think if the Republican does not disavow his policies that it will set the Republican Party back years. They will have a hard time taken seriously again, that they are capable of an honest, effective, corruption free, smaller government and the Rule of Law!
Posted by: Both are Unqualified | October 26, 2005 10:02 AM
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Miers cannot even fill out a questionnaire correctly! Just the kind of person fitting in with the moronic Bush administration.