Patterico's Pontifications

9/3/2007

Jan Crawford Greenburg on the Latest Urban Myth Legend in the Harriet Miers’ Nomination

Filed under: General,Judiciary — DRJ @ 1:18 pm



[Guest post by DRJ]

Jan Crawford Greenburg is the nation’s pre-eminent Supreme Court reporter. In today’s Legalities column, she categorically states that Chief Justice John G. Roberts, Jr., did not suggest Harriet Miers’ nomination to President Bush:

“Roberts, a man of caution with a tremendous sense of propriety, did not strenuously object when Miers’ name came up—but he didn’t believe it was his place to do so. He certainly never endorsed her.

But like a game of telephone, the false rumor that Roberts “signed off on her” has now morphed into Roberts “suggested” her. Heck, maybe even the President believes it by now if he’s heard it repeated back to him by his advisers. But it didn’t happen.”

Greenburg even tells us why Roberts wouldn’t do this:

“And can we pause here for a moment? Even if Roberts—who by this point had not even taken the bench as Chief Justice—would do something so out of character as presumptuously suggesting a nominee to the President himself, does anyone really think he would have suggested Harriet Miers? John Roberts? The intellectual giant with a deep knowledge and understanding of Supreme Court history? Roberts, with his distinguished academic, legal and judicial record and his longstanding respect for the Supreme Court as an institution—an institution he would be leading? If he had been someone so presumptuous to make a recommendation for the Court to the President—unthinkable, by the way–wouldn’t he want someone more like himself—say a Carolyn Kuhl? Or a Maureen Mahoney?

This is where I think you hear someone saying “Labor Fools’ Day!”

Greenburg convincingly suggests that this was a game of gossip that happened because the Bush Administration needed cover when the conservative base revolted against Miers’ nomination. The displeasure with the Miers’ nomination was the Administration’s worst fear come true – it let down the base just as Bush 41 had done – except Bush 43 made this selection himself so there was no cover.

3 Responses to “Jan Crawford Greenburg on the Latest Urban Myth Legend in the Harriet Miers’ Nomination”

  1. It’s “urban legend.” Urban legend.

    CraigC (c4ea17)

  2. Duh. Thanks CraigC.

    DRJ (bfe07e)

  3. The Miers nomination let down everyone. If she were Souter politically, I wouldn’t scream too loudly if she were Souter intellectually.

    Roberts, OTOH, looks like he’s going to be a legendary justice. He’s got the intellectual firepower and the ability to persuade his fellow justices to do the right thing. He’s been extremely impressive.

    –JRM

    JRM (355c21)


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