Comments on: Finally, Some Real Information on Miers: Her Writing

By: Ed Thomas

Ed Thomas — Sat, 08 Oct 2005 13:15:32 +0000

‘Bench’, of course, was right about ‘knit’- so maybe I should have said that I also write poetry (which also would have been true), and that’s poetic license (US spelling) for you. Actually, since I come at this from a British English perspective, I find I have my doubts about silent letters quite often- in addition to a certain weakness concerning the ambiguities of a word’s origin.

Anyhow, I think olympian notions about legal authorities are unhealthy and against the principle that the law is there for all people regardless of intellectual prowess. The US Constitution is a relatively short document, and the clearest understanding of it won’t necessarily belong to one who can boast the finest legal career. Of course, the higher and the deeper one goes in terms of legal experience, the greater one’s proximity to the ultimate code in US law interpretation- so I see the point against her. However, I would say that the ability to wring the constitution for legal success might be a very different one to the ability required to defend it. From what I’ve read of Miers I see her as a person who is both diligent and balanced- necessary qualities, and perhaps sufficient for the task. Add that to Bush’s religio-moral affinity to her, and I can well see why he would choose her. Once more I think the problem is that those on the right don’t always appreciate (ie. like or understand) the religious convictions of their leader.

By: Patterico

Patterico — Sat, 08 Oct 2005 08:17:14 +0000

My experience has been that successful trial court practitioners almost uniformly deliver more clear, crisp, and concise prose than most other types of lawyers, including appellate lawyers. Has that also been your experience, Patterico?

More concise, yes. Not always more clear. Depends on the person.

She sure sounds like a liberal in a bunch of those bar journal articles. Have you looked at them? I can’t specifically fault anything she says, but the frequent references to diversity (it comes up more than once in just a few articles) just doesn’t make her sound like a bedrock conservative. She does sound like someone who wants to be liked by Bar Association members, though.

By: Beldar

Beldar — Sat, 08 Oct 2005 05:21:23 +0000

I don’t think one can extrapolate from the casual, conversational writing style that one might use in a bar journal article — and bar officials are obliged to provide a never-ending series of such pieces, on deadline — and how one would write for the United States Reports. And most of the “flair” in the Roberts memos was actually snark, written by a very smart and very funny smart aleck who never expected that a throw-away line like “illegal amigos” would produce hours of grilling on the Senate floor. I wouldn’t expect to see that in Ms. Miers’ published writings while a practitioner or bar official either.

While we’re speculating, though, I’ll throw this out: My experience has been that successful trial court practitioners almost uniformly deliver more clear, crisp, and concise prose than most other types of lawyers, including appellate lawyers. Has that also been your experience, Patterico?

(My own courtroom writing is generally more concise, at least, than my blogging, but the disturbing thing is that I’m finding traces of my blogger’s snark creeping nito it.)

By: Bench

Bench — Fri, 07 Oct 2005 17:46:54 +0000

Is it really “knit” picking? I thought it was “nit”, as in lice. I’m not a proof-reader, though.

The only “stop being an elitist” comments I want to see should reference her choice of law school. That IS elitist. Everything after law school, though, is fair game.

By: Ed Thomas

Ed Thomas — Fri, 07 Oct 2005 13:47:57 +0000

Hi Patterico, I don’t normally comment on your excellent blog, but I actually disagree with you on this and I want to fulfil your prophesy. I’ve looked at the very meagre excerpts and at Volokh’s take and I think people are knitpicking (btw I do proof-reading as a sideline to teaching). I appreciate that with limited materials that’s all that can be done (the articles would be interesting but I am unable to open some of the PDF documents). Volokh himself has had to update and admit that several of his key knitpicks are typographical errors- not Miers’.

So far what I see in Miers is a principled person whose opinions are both grounded and buttressed by an attention to detail.