October 8, 2005
JUST GET THE RIGHT RESULTS AND THEY'LL SHUT UP:
'The Right Result' Was Key to Miers: In Dallas, She Made A Name for Candor (Jo Becker, 10/08/05, Washington Post)
[P]resident Bush's nominee to the Supreme Court, Miers served one term on the Dallas City Council, from 1989 to 1991, a period that offers a rare view of her political philosophy and style. Her campaign, votes and public stances defy easy characterization.She would meet with abortion rights advocates and gay rights activists but tell them firmly she did not agree with them. She backed a redistricting plan aimed at electing more minorities even though conservatives called it a quota system. She voted to raise taxes two years in a row, disagreeing with some colleagues who favored deeper budget cuts.
"That's the thing about Harriet -- she did things she didn't have to do and that, if you were only looking out for yourself, you wouldn't do," said John Wiley Price, the Democratic county commissioner whose arrest sparked the protest. "She was gutsy."
At the same time, Miers's supporters and detractors say the woman who campaigned on a promise to bring "good manners and decorum" to the rancorous City Council was never comfortable with the more rough-and-tumble aspects of politics.
A loner who liked to say that she made her decisions based on "the facts," Miers brought a lawyer's intellect and courtroom demeanor to a venue where ego-massaging, compromise and vote trading were more common. She left elected office of her own choosing after one term, lamenting to a local reporter that "decisions are more political" than an effort to reach the "right result."
The Court sounds perfect for her personality, but what the Court really needs is a seasoned pol, legislator, and vote trader leading it. Posted by Orrin Judd at October 8, 2005 9:31 AM
"The Court sounds perfect for her personality, but what the Court really needs is a seasoned pol, legislator, and vote trader leading it."
And since our goal is not to find a perfect sinecure "for her personally," this is a bad pick, right? Good grief, a corporate lawyer and a "loner."
Posted by: curt at October 8, 2005 9:56 AMNo, you want a conservative version of the late Warren Court, which means one political leader (Warren), one intellectual leader (Brennan), and followers. Even the early Warren Court had too many guys who thought they were smart.
As much as conservatives revere Scalia he's been a remarkably ineffective Justice because of his intellectualism:
http://www.usatoday.com/news/washington/2002-09-17-scalia-1acover_x.htm
Posted by: oj at October 8, 2005 10:07 AMWhat portion of the quoted article makes you think that she will be a "follower?"
Posted by: curt at October 8, 2005 10:12 AM"right results"
Posted by: oj at October 8, 2005 10:15 AM"Her campaign, votes and public stances defy easy characterization."
Oh dear. She may well overturn Roe vs Wade but the above does not augur well.
Posted by: Ali Choudhury at October 8, 2005 10:18 AM" She backed a redistricting plan aimed at electing more minorities even though conservatives called it a quota system. She voted to raise taxes two years in a row, disagreeing with some colleagues who favored deeper budget cuts."
Posted by: curt at October 8, 2005 10:19 AMShould've nominated Delay then.
Posted by: Jim in Chicago at October 8, 2005 11:28 AMMy prediction is that if she is seated her vote in any given case will be anyones guess.
Posted by: curt at October 8, 2005 12:12 PMJim:
DeLay couldn't yank their committee assignments on the Court.
Posted by: oj at October 8, 2005 2:09 PMCome on, oj, everyone knew exactly what they were getting in Ginsberg (liberal down the line) and Breyer (moderate to conservative on crime and economic issues, otherwise liberal).
Roberts may surprise, but at least he has a consistent record and a lifetime of dealing with constitutional issues. Meirs is not only a cipher today, she is likely to remain one long after she is seated.
Posted by: curt at October 8, 2005 5:23 PMGinsburg isn't especially liberal in terms of the last fifty years, and certainly no more on this Court than the two GOP appointees, Stevens and Souter.
Posted by: oj at October 8, 2005 5:28 PMGinsberg had established her liberal bona fides on the D.C. Circuit court, which of course is why she has suprised no one by voting with Stevens and Souter 98.6% of the time.
The problem is that we have no reason at all to believe that Meirs will not vote with Republican appointees Stevens and Souter as often as she votes with Scalia and Thomas.
Posted by: curt at October 8, 2005 5:42 PMCurt" We have 2 reasons. 1. The Presidents word. and 2. Her religion.
Posted by: Bob at October 8, 2005 5:48 PMShe was conservative on the Appeals court, rigorously applying Supreme Court precedent. Did the Supremes ever overturn one of her Appeals decisions?
Posted by: oj at October 8, 2005 6:30 PMoj, that response is goofy on so many levels one hardly knows where to begin.
The first rule of judging is that you have to respect S.Ct. precedent, hence every judge at least pretends to do so. There is nothing "conservative" about it, or, if you wish, every judge is a "conservative" in this respect --indeed, there is no more conservative judge than a liberal judge insisting on the continued viability of a Warren Court right to privacy decision.
The S.Ct. only takes a few dozen cases a year, most of them from the huge 9th Circuit. The S.Ct. only considers taking cases that are appealed to it. The S.Ct. was not reliably conservative during her tenure at the D.C. Circuit. She could only write Circuit decisions that had majority support. There are some issues on which conservative and liberal judges agree (the S.Ct. itself issues many unanimous decisions every year). In short, even assuming that she was never reversed by the S.Ct, the fact would merely mean that she is a typical judge, not that she was a conservative.
What does her reversal rate have to do with the issue at hand anyway? If she had been a bad judge, she would never had been nominated for the job. She was a perfectly competent liberal.
Posted by: curt at October 9, 2005 12:31 PMcurt:
Yes, she was an excellent conservative judge on the Appeals Court.
Posted by: oj at October 9, 2005 12:58 PM