[“Postcards from the Ledge” is a semi-regular feature of this site, detailing revelations about Harriet Miers that have driven your gentle host out onto the window ledge.]
I’m still on the ledge. And I have no intention of coming back in — so don’t try to make me!
Here’s the latest reason for my distress: the Washington Post reports today that Harriet Miers favored set-asides for minorities and women while on the Texas State Bar. I had previously noted Miers’s effusive praise for what she considered the imperative of diversity, and the similarity of that rhetoric to that in Justice O’Connor’s opinion upholding affirmative action in Grutter. But this is the first evidence I have seen that she positively favored set-asides.
The set-asides that Miers supported were apparently private set-asides. But today’s article is circumstantial evidence that corroborates previous reports that Miers argued for the Administration position in Grutter, which dealt with affirmative action by the Government.
As I have said before: she’s Alberto Gonzales in a dress.
Folks, this gets worse with each passing day. I was considering coming in from the ledge after people argued that Miers might be merely sloppy with her language, rather than criminally ignorant of the terms of the Constitution. But reports like this don’t do anything to coax me inside.
You shouldn’t have let me bring a computer out here.
UPDATE x2: Ed notes that the Texas State Bar’s policy of encouraging set-asides did have an aspect of governmental involvement:
However, the White House has it incorrect when they claim this as a private enterprise issue. No one can practice law in Texas or anywhere else without membership in the Bar. That doesn’t mean that firms have to remain active in the association, but it doesn’t exactly make the Texas State Bar a voluntary association, either. The government in every state relies heavily on bar associations to license attorneys. That lends an official tenor to the actions of these groups that the Kiwanis or the Elks do not get.
It’s also worth noting that, according to its own web site, the Texas State Bar is “an administrative agency of the judicial branch in Texas.”