October 5, 2005
BULLDOG BULLSQUAT:
Her roots aren't Ivy League (Marvin Olasky and Peter Olasky, October 5, 2005, LA Times)
Q: WHAT DOES Harriet Miers, a highly successful lawyer, longtime member of Valley View Christian Church in Dallas and confidant of the president of the United States, want more than anything else?A: The approval of the faculty of Yale Law School.
Or at least that is the fear among conservatives. They worry that although Miers is believed to be a pro-life evangelical conservative, she — like David Souter and Anthony Kennedy before her — will be seduced by liberalism. As former Bush speechwriter David Frum noted after Miers was nominated, "The pressures on a Supreme Court justice to shift leftward are intense." Frum noted "the sweet little inducements — the flattery, the invitations to conferences in Austria and Italy, the lectureships at Yale and Harvard — that come to judges who soften and crumble."
Ah, yes, the sweet little inducements: Washington dinner parties, laudatory editorials from the nation's great liberal newspapers and, perhaps most important, praise from the smug savants back at dear old Yale or Harvard. Many leading lawyers never forget their roots in the Ivy League, where all-knowing professors throw laurels on judges who "get it" and scorn those who don't. Forget Austria: It takes a very strong (or very principled) constitution to do without that intellectual flattery.
But perhaps that makes Miers the perfect candidate. Perhaps it takes someone who did not go to Harvard or Yale and has never seemed to care. Miers went to law school at Southern Methodist University, which, although a well-respected institution, was unlikely to have been a bastion of progressive thought when she entered it in 1970.
All you really need to know about the neocon fury at this pick is that David Frum is a Yale graduate with a JD from Harvard. It's about class and religion, not qualifications. Posted by Orrin Judd at October 5, 2005 10:12 AM
I think it is about David Souter.
Posted by: Robert Schwartz at October 5, 2005 10:43 AMSouter was a complete unknown and never worked for George H.W. Bush.
Miers has worked for the President for some time, he should know where she stands on things.
I think I recall a certain Eureka College grad who occasionally gets praise from comservatives across the spectrum.
Posted by: Ali Choudhury at October 5, 2005 11:03 AMHer roots aren't a bug, they are a feature.
Posted by: Luciferous at October 5, 2005 11:05 AMThe Eureka College grad came to the Republicans' rescue when they were at their lowest point during and after the LBJ landslide in '64, so he's received a bit of a free pass the way his O'Connor and Kennedy nominations turned out. But while many on the intellectual right enjoyed tweaking their counterparts on the left about Reagan's non-Ivy League education, it's not like they ever would want their kids to go to someplace like that after high school.
Posted by: John at October 5, 2005 11:14 AMMy wife, a 1979 SMU law school grad, is not keen on the choice based upon her lack of judicial experience and exposure to key constitutional issues.
Posted by: Rick T. at October 5, 2005 11:16 AMRick, Like Luciferous says, they're a feature, not a bug.
Posted by: jdkelly at October 5, 2005 11:22 AMJohn:
It's not where she graduated from but what she's achieved in the interim.
Posted by: Ali Choudhury at October 5, 2005 11:23 AMConservatives are loath to admit it but it does appear that a good amout of criticism of Miers is that they are hung up on ivy league credentials and background. I agree with those that think that Miers blue-collar background is a plus, not a minus.
Posted by: AWW at October 5, 2005 11:23 AMI have not followed this as closely as some of you, but what criticisms I've read had nothing to do with her alma mater or blue collar background. It's that she's had little proven accomplishments to establish credentials about being a constitutional jurist. No matter how good a private lawyer she might be, it's not the same. The Supreme Court should not be a proving ground for journeymen jurists. Complains about cronyism has been banded about a lot. Frankly, she should be rejected on that basis.
It would be better for the country for Bush to appoint a conservative who's respected as a constitutional scholar, and have an open debate and straight up vote yes or no than this.
Posted by: Chris Durnell at October 5, 2005 11:35 AMSouter is, of course, a product of Harvard.
Posted by: oj at October 5, 2005 11:37 AMIt's not just class and religion -- there's some intellectual snobbery and elitism at work also.
This transformative conservative President notwithstanding, how in the world could the backwards state of Texas EVER produce a REAL conservative? We should just stick to producing energy and petrochemicals, and leave the heavy thinking to David Frum and the "True Conservative" Keyboard Corp of Engineers, right? :)
That this woman knocked down some real barriers to women in the legal profession in Texas is all the more reason to admire her. I don't know what kind of justice she's going to make, but I'm more inclined to trust the Texan President than David Frum.
Posted by: keivn whited at October 5, 2005 11:37 AMI agree with keivn.
Posted by: keivn blacked at October 5, 2005 11:46 AMThe "not-qualified" bit is humorous. Does anyone think for one second that any politician is actually going to claim (in public) that a woman who has so many "firsts" on her resume is unsuited to be on the SC?
Posted by: b at October 5, 2005 11:55 AMI'm with both Kevins. Frum has never quite recovered from being bumped from the Bush speechwriting corps. He just had to brag about coining the phrase 'axis of evil' (which has actually turned out to be an albatross for W). The president doesn't appreciate this kind of immodesty. Neither do I. Frum was shown the door for his boasting.
Posted by: Melissa at October 5, 2005 11:56 AMThe "constitutional scholar" argument means that we are limiting the Supreme Court to law professors and those with the Ivy League/circuit court clerk/appelate litigator/federal judge background. John Marshall could not meet that standard, it eliminates over half of historic Supreme court judges. It is anti-democratic and horribly elitist. Its also not a particularly conservative view.
While I agree with OJ on the elitism and religion thing, I also think that Frum's intense opposition has to be personal. He was a speechwriter when Miers was Staff Secretary. His paise of her is dismissive and sexist. They must have had some sort of clash. Note that Frum spent only one year in the White House. Very short time in this administration. Something just smells funny.
Posted by: Bob at October 5, 2005 12:06 PMBob:
In Frum's memoir he's pretty honest about how uncomfortable the evangelicals made him.
Posted by: oj at October 5, 2005 12:38 PMThe core of the anti-Miers argument is this, from George Will: The wisdom of presumptive opposition to Miers' confirmation flows from the fact that constitutional reasoning is a talent -- a skill acquired, as intellectual skills are, by years of practice sustained by intense interest.
That's hardly a conservative argument to make, if the Constitution says what it means and means what it says. Will himself, just paragraphs beforehand, performs his own constitutional reasoning and expects us to accept it as legitimate, despite the fact that he's probably had less interaction with it than Miers.
In other words, you've got a bunch of pundits saying, "Only judges (and law professors) are qualifed to reason out the constitution! Oh, and me, too."
Posted by: Timothy at October 5, 2005 1:26 PMAli --
There are many paths to legal wisdom and enlightenment for a potential Supreme Court nominee, and not all manditorially have to be within a hour's drive of the Atlantic Ocean.
Posted by: John at October 5, 2005 2:00 PMChris: It is that debate that the Gang of 14 deal robbed us of. Conservative ideas -- and particularly the reining in of activist judges -- win handily in the country, but dare not even be made in the Senate despite its Republican majority.
Posted by: David Cohen at October 5, 2005 2:45 PMRobert Jackson went to law school at Albany. Come on, it is silly to criticize her law school alma mater. Criticize her accomplishments.
Posted by: pchuck at October 5, 2005 2:50 PMDavid:
Tell it to Justice Bork. The debate is unproductive because the Right's positions are so easily caricatured.
Posted by: oj at October 5, 2005 2:52 PMJohn:
I really don't care at all that she isn't an Ivy Leaguer (plenty of excellent colleges outside it) nor that she hasn't had much time in the Beltway (that's probably a plus as is the fact that she's a Christian).
I just think an SC pick ought to have a more impressive record of accomplishment in whatever field they've devoted their career to.
Bottom line, I think there were better candidates around.
"how in the world could the backwards state of Texas EVER produce a REAL conservative?"
I think Owen, Garza and Edith Jones are all Texans and each of them would have gone down just fine with the elitist neocons.
Posted by: Ali Choudhury at October 5, 2005 3:02 PMAli:
What job in the legal profession is more powerful than White House Counsel?
Posted by: oj at October 5, 2005 3:11 PMThe supreme court?
Posted by: Bob at October 5, 2005 3:19 PMAli: I meant to mention this yesterday. You are now required to immigrate to the US, as no one outside the country is allowed to have an opinion on the 9th, 10th or 11th Amendments.
Posted by: David Cohen at October 5, 2005 3:53 PMDavid:
Call me a weirdo, but I'd miss the British weather (no hurricanes, tornadoes, earthquakes or freezingly cold winters).
Posted by: Ali Choudhury at October 5, 2005 4:19 PM"Miers has worked for the President for some time, he should know where she stands on things."
Bush also claims not to have asscertained her views on Roe v Wade.
Posted by: Robert Schwartz at October 5, 2005 5:06 PMI don't give a hoot where she went to law school. It really doesn't make any difference where she went to law school. All law schools are pretty much the same.
What I do care is that she be a committed conservative, immune to the blandisments of the MSM, the legal establishment and the Georgetown cocktail party circut.
Posted by: Robert Schwartz at October 5, 2005 5:11 PMRobert, Agree, I think the lack of Washington connection is a big problem. Hope Bush sticks with her. It could be fun.(bleep) Georgetown, and I'm Catholic.
