Patterico's Pontifications

10/18/2005

Miers Responds

Filed under: Constitutional Law,Judiciary,Law — Angry Clam @ 8:24 am



[Posted by The Angry Clam]

The hired handlers Harriet Miers has responded to the first set of written questions by the Senate.

National Review has posted a PDF.

I’m in the process of reading them as I neglect my work duties.

— The Angry Clam

UPDATE BY PATTERICO: I kind of figured that Miers would simply crib from Roberts’s performance all the way through this process, including in her answers to the questionnaire, but I was apparently wrong. The buzz word for Roberts was “modesty.” I don’t see that word in the answers to this questionnaire. Instead, I see the words “humility” and “humble”:

Humility and self-restraint require the judiciary to adhere to its limited role and recognize that where applicable precedent exists, courts are not free to ignore it. Mere disagreement with a result is insufficient to justify ignoring applicable precedent, but reconsideration under appropriate circumstances is also necessary. [p.37]

Judicial review by the Supreme Court, including determining the meaning of the Constitution and declaring unconstitutional the actions of another branch of government, is a tremendous power exercised by judges who are not accountable to the electorate. Because their power is so great, and because it is largely unchecked, judges must be vigilant in exercising their power in a humble, prudent, and limited way. [pp. 56-57]

I don’t think the use of this word is an accident.

Prediction #1: In the days and weeks to come — and especially in the confirmation hearings — listen carefully for this word. I have a feeling it is going to pop up again and again.

Prediction #2: We won’t hear anything about umpires (especially since umpires have been less popular in recent days). But maybe we’ll hear about referees.

CLAM RESPONSE: I think that Patterico is right on the word choice.

Roberts spoke in the language of the Law;
Miers speaks in the language of God.

10 Responses to “Miers Responds”

  1. Looks like the media war is fixin’ to commence:
    http://www.thehill.com/thehill/export/TheHill/News/Frontpage/101805/miers.html

    Tillman (1cf529)

  2. Honorary Doctorate from Peperdine?

    She’s done for.

    MOG (e715aa)

  3. And get to work ;).

    MOG (e715aa)

  4. explanation for the epigram: legal works often speak of judicial modesty, while the Bible, particularly the New Testament, talks often of being humble. I think it shows the different worlds that the two count themselves members of.

    You get an epigram because I was reading some Martial and Ovid this morning. One of my favorites:

    Nec quae praeteriit iterum revocabitur unda
    nec quae praeteriit hora redire potest.

    – P. Ovidius Naso, Ars Amatoria III.63-64.

    (Translation: “Neither is the wave which has left called back again, nor is the hour which has fled able to return.”)

    Angry Clam (fa7fff)

  5. I’m pretty sure that Roberts did use “humble” or “humility”; I didn’t consider whether it was in the questionnaire. I thought he used it in the hearings; it might have been in opening remarks or in other comments given before the hearings themselves. The import is pretty similar, imo; I wouldn’t make too much out of choosing one over another. The fact that Miers used “humble” or “humility” in the questionnaire whereas Roberts did not doesn’t mean she wasn’t cribbing from Roberts, only that she wasn’t cribbing from his questionnaire responses.

    TNugent (58efde)

  6. Some context for Mr. Clam’s epigram: Ovid urges women to get out there and have a lot of affairs, since when they’re old they’ll be less attractive.

    I thought this was a family blog!

    Agricola (c302b4)

  7. The import is pretty similar, imo; I wouldn’t make too much out of choosing one over another.

    Yeah, Clam is making the distinction. What was amusing about it for me was how similar it was to Roberts’s buzzword.

    By the way, I just signed cards for both my bosses. I think they’re great, of course . . . but I didn’t call them “great” (or “the greatest” or “the best”) in the cards.

    Patterico (4ddbd9)

  8. You should have written “you’re the greatest” or “you’re the best,” and then signed it as “Patt ‘Miers’ erico.” Humor for the whole family.

    Agricola, at least I didn’t quote Catullus.

    Angry Clam (fa7fff)

  9. Anyone so bold as to quote Ovid in the original, and then threaten even Catullus, well, such a man is not only showing off, but a clam among scholars, and worthy to seek after that which if found, fails to enrich.

    Now, recall the conclusions of Benjamin Franklin on the topic of “humility.” (If you don’t have a copy handy, his autobiography is only 2 bucks at Amazon.)

    Old Ben came to see his lifelong quest for humility as more an attempt to acquire the appearance of humility, rather than any real acquisition of the underlying virtue itself.

    Black Jack (ee9fe2)

  10. Her writing on judicial activism was readable. I disagree on the limitation of reversal to matters where it doesn’t hurt results. It seems like she is giving an out to bringing policy into the lawmaking tent with this comment.

    TCO (d7c35a)


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