[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.