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Tuesday, October 4. 2005Underwhelmed IndeedTrackbacks
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I agree. I think part of the blogosphere's reaction is based on the fact that she's an evangelical Christian, whom lots of bloggers on the right despise almost as much as Democrats do.
The cronyism complaint just seems peevish, ignoring her career and standing among the lawyers where she has practiced as well as nationally. It isn't as if he'd nominated Karl Rove. I think Republican, as opposed to the more general conservative, bloggers support her, although I'm puzzled at the reaction at National Review. Maybe they're just more libertarian than Republican, or too influenced by Washington and New York conservative opinion. I don't really see why working for the AG's offices and the Solicitor General's office makes one superbly qualified but being a legal counselor to the president makes you some kind of a hack.
The underwhelmed reaction is right on the money. We have a Southern, evangelical
Bible beliving church going Christian which doesn't fit the profile of Glenn Reynolds who belives in Legislating from the bench ( He is for Roe ). That's how he gets all his MSM time.This is the best since Bork. Thank God
Let's put aside the conceit of the blogosphere as a replacment for the MSM. Let's just take it for what it is, in this case: a set of "reactions" to the President's annoucement. Not analysis, not deliberation; just reactions.
The issue that you raise goes to a more fundamental -- and less easily answered -- question: What kind of person is the ideal candidate for the Supreme Court? A lower court judge? A law professor? A specialist appellate advocate? An experienced practicioner of repute in the community of experienced practicioners? By the last metric, Ms. Miers is very well-qualified. However, by some of the other metrics, she is unqualified. The question is always worth discussing. By their experience, practicioners tend to be more pragmatic and less "philosophical" -- Justice Powell is a good example of that. Ultimately, I think, the answer to that question (pragmatic vs. philosophical) depends upon your view of the proper role of the Court itself. If the Court is viewed as primarily a "court of error" (i.e. a court with the job of correcting the mistakes of lower courts), then "pragmatic" will do fine. But, if you view the Court as more than a court of error, and recognize that, in our common-law system, the Court does make a kind of common law (of statutory interpetation, of Constitutional interpretation and, pursuant to some statues, such as the Sherman Act, some common law itself in certain narrow subject areas) then "philosophical" is the direction you want to take. So, I think the Miers nomination rather neatly reveals the difference between these two metrics. On her terms, Ms. Miers probably is, as the President says, "best qualified" in the sense of being in the top rank of commercial litigators. But if one re-defines those terms to reflect the typical academic's career path, then she certainly is not "best qualified." Therefore, returning to the original theme, the reactions themselves have a value, if only to illuminate, indirectly, the implicit criteria that the various bloggers have for a Supreme Court justice. You certainly won't get that in the MSM.
AST said: "I don't really see why working for the AG's offices and the Solicitor General's office makes one superbly qualified but being a legal counselor to the president makes you some kind of a hack."
Two reasons. First, that position is as much political as legal. If you don't think so, you're living in a dream world. Second, outside of her trial experience, Miers major legal positions (two bar associations, President's legal counsel) have all been political, not legal. I think the hard core, ideological neo-con members of the GOP will support anything Bush does, no matter how right or wrong it is, just as the hard core, ideological progressive partisans of the Democratic Party supported anything Clinton did, no matter how right or wrong it was. But a very significant portion of the GOP is very unhappy with Bush and the neo-con cabal running the White House, and they have been for a while. When people I know who've been stalwart Republicans since Nixon was in the White House are talking about how disgusted they are with Bush, he's in trouble.
It's social conservatives who support her. National Review and most of the so-called conservative blogoshere tends towards libertarian.
For months we've been reading that we should have a non-judge justice. We get one and everyone is up in arms. The usual alternative to a judge is a Senator, but that is so unimaginably horrible a prospect that I expect the next nominee to be a Senator. Mier's for individual gun rights, for democratic decision on abortion, and knows national policy intimately as the President's council. She's written legal briefs that were good enough to get her to be the head of a major law firm and to be council to the POTUS. What's the problem?
So if President Clinton, whose election prospects have just been advanced somewhat, nominates her personal lawyer for SCOTUS, you will scrupulously refrain from passing immediate judgment and you will chastise any Republicans who do so. Right. Sure.
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