Monday, October 03, 2005

Harriet the Justice

President Bush has nominated Harriet Miers as an Associate Justice to the Supreme Court, filling the seat of retiring Justice Sandra Day O'Connor.

As I said with Roberts, I will wait until the hearings to make an opinion. Some are complaining about the fact that Miers isn't a judge, but history shows that a good number of justices have served on the High Court without ever being a judge. Such examples are:

Chief Justice Earl Warren

Justice Louis Brandeis

Justice Felix Frankfurter

Justice Abe Fortas

Justice Owen Roberts

Justice Charles Hughes

Being a judge doesn't make one qualified to be a justice on a court. It does make it easy to examine a paper trail and find out a legal philosophy. Because we don't know who what she thinks, the Senate needs to ply Ms. Miers about her judicial philosophy, NOT how she would vote on certain issues.

It is interesting that in light of the whole "Browniegate" affair, the charge of cronyism is coming up since she was White House Counsel and has been close to the President. Some have said this is the most unqualified candidate since the above mentioned, Abe Fortas. Some on the right are also upset because Miers isn't the firebrand ala Thomas and Scalia they hoped for.

As for cronyism, there might be some charge to that, but unlike former FEMA Head Michael Brown, this woman has some qualifications. She is a lawyer that has headed a major firm and was also the head of the state bar association.

There was one note of caution in hearing the annoucement this morning. In talking about Miers, President Bush mentioned several charities she has been involved in, including one called Exodus Ministries. Some fears went up because it sounded like an ex-gay ministry with a similiar sounding name. Via, Andrew Sullivan, the Human Rights Campaign notes that Exodus Ministries is a group that helps ex offenders reintergrate into society.

Will Miers, cut the mustard? Time and the Senate will tell.


At 3:24 PM, Blogger Adam said...

The lack of a paper trail is probably the precise reason she was chosen. If you have a long history of judging, it's easy for someone to search through your record and find some objectionable decisions. Sort of the same reason only Washington outsiders become President.

At 9:54 PM, Blogger The Truffle said...

Of course, it could just be that she's a buddy of Bush's....

At 11:37 PM, Blogger Jake said...

I Like the article. You made some interesting points about what qualifies a person to be a judge. If you would like to see another opinion about this particular topic from another perspective, check out my blog. The Young Conservatives You may see someting you like.

At 7:19 PM, Blogger halfback jack said...

Truffle--ya hit the nail on the head. She's a pit bull in size 6 shoes, for pete's sake!

The confirmations hearings could be actually fun to watch since there is no paper trail to scour.


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