Reasonable Nuts

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Saturday, October 22, 2005

The Shifting Supreme Court, Part 10

The tone for the Miers' nomination continues to call for her withdrawal from consideration for the Supreme Court. This article in the New York Daily News announces that she has "already failed," as well as in the LA Times, citing that her need to delay for preparation and her answers for the questionnaire that she was to complete before her Senate hearings were inadequate and frankly unacceptable.
The final straw is a plan to delay the start of her Senate confirmation hearings, tentatively set for Nov. 7. It seems Miers has some cramming to do before she can face the Judiciary Committee. She needs, Sen. Chuck Schumer says, "some time to learn" about key constitutional cases. The panel chairman, Sen. Arlen Specter (R-Pa.), was quoted as saying, "It is unfair to start the hearings before she's ready." Before she's ready? In plain English, they're talking about remedial education. Not since the City University of New York ended the insidious practice ofdumbing down its standards has a government institution stooped so low to accommodate an unqualified applicant.

That it is the Supreme Court at stake is astonishing. It's as if the Yankees said the owner has hired a new star center fielder, but first they have to teach him how to hit a baseball. It wouldn't happen there, and it shouldn't happen in the court....I don't object to Bush looking for a woman. Diversity is important. Excellence is more important. Settling for anything less is a dereliction of duty.

Miers, her supporters say, is honest, loyal and hardworking. And her career path reflects talent and tenacity. But many people fit that definition. I know a few myself - and none of them belongs on the Supreme Court. Neither does Harriet Miers.
Ann Coulter, the spitfire conservative commentator, also is very disappointed with the inadequacy of Miers' qualifications for the Supreme Court:
This week's Miers update is:
1. Miers is a good bowler (New York Times, Oct. 16, 2005, front page – Joshua B. Bolten, director of the Office of Management and Budget: "She is a very good bowler"), which, in all honesty, is the most impressive thing I've heard about Miers so far;
2. In 1989, she supported a ban on abortion except to save the life of the mother.

We're told she has terrific "common sense." Common sense is the last thing you want in a judge! The maxim "Hard cases make bad law" could be expanded to "Hard cases being decided by judges with 'common sense' make unfathomably bad law."
It seems that Miers has some very good personal qualities, and may be a good lawyer. But it seems that for everyone's sake, including her own, perhaps she should withdraw her nomination, and allow President Bush to nominate a better qualified candidate.

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