More Chequer-Board on Miers
Pejman has some good posts on Miers at his fine Chequer-Board blog.
In this post he says something that I wholly agree with: Harriet Miers is not a dummy. She’s just not the best person for the job:
Harriet Miers is an excellent litigator and the kind of person that a law firm would turn to in order to be managed. No one doubts that she is intelligent and accomplished. But saying that does not mean that we can also say that she is Supreme Court material. Too many people conflate the two.
Precisely. And in this post, he says:
I have no problem believing that Ms. Miers is intelligent and accomplished. But she shows no evidence of having thought deeply about constitutional principles and theories of jurisprudence.
I admit I was disappointed that Roberts had no clear philosophy of constitutional interpretation, which is why I would have preferred Luttig to begin with. But, in addition to his stellar qualifications, Roberts had a paper trail showing a clear judicial philosophy: he believes in the rule of law and not the rule of judges. Even before his confirmation hearings, I had confidence in the kind of judge that Roberts would be, based on his memos and opinions. With the Miers nomination, I have nothing like that to go on.
Also on Pejman’s blog, someone named Leon H. has this blast from the past:
In Texas, television evangelist James Robison expressed his support for Mrs. [Sandra Day] O’Connor based on a conversation Tuesday with presidential counselor Edwin Meese.
A Robison aide said Meese told the evangelist:
”Sandra O’Connor thinks abortion is abhorrent and is not in favor of it. She agrees with the president on abortion. There was a time when she was sympathetic toward the ERA (Equal Rights Amendment) movement, but the more she studied and found out about it, the more she changed her mind.
”She is very conservative … Sandra O’Connor assured the president that she was in agreement with him and she totally supports pro-family issues and the Republican platform.”
Substitute James Dobson for James Robison, and Harriet Miers for Sandra Day O’Connor. Kind of sends chills down your back, don’t it?
Look: someone who personally opposes abortion will get even more plaudits for writing a sanctimonious opinion stating that they must uphold Roe because they can’t rule according to their opinions. The New York Times editorial board will swoon. These personal opinions mean nothing in the absence of a strong judicial philosophy of respect for the rule of law, backed by a powerful intellect.