Affirmative Action For Judges
Thanks, but just because I'm a woman doesn't mean I'm interested in seeing a woman Supreme Court justice or a woman president -- or a Latino, Black, or Chinese president, for that matter. How about we simply hire the best person for the job -- man, woman, or other? Isn't doing anything else sexist and racist? (And I can't even begin to rag on proposing a justice because you like her and she sits down the hall.) Emily Bazelon writes on Slate:
Commentators on the right as well as the left—anyone, really, who thinks a Supreme Court justice should possess a record of world-class distinction—are groaning over Harriet Miers' nomination. She may turn out to have a great legal mind. She may be a thoughtful, incisive Supreme Court justice. But there's no reason to think so now. The problem isn't that Miers hasn't been a federal judge or a Supreme Court lawyer. It's that she isn't those things and she also doesn't bring with her the breadth of experience that the other justices lack. Can anyone really imagine that she'd be the nominee if she weren't a woman and the president's friend and loyal adviser? Cronyism and affirmative action: It's a nasty mix.
Come on, this is embarrassing. If you're going to nominate somebody surprising, let's at least make it Eugene Volokh, or somebody who hunkers down with the Constitution on a daily basis. (Did I mention that he clerked for Sandra Day O'Connor before he started teaching constitutional law at UCLA law school?)







I am surprised he didn't nominate Michael Brown, after all he is a lawyer and Bush thought he did "a heck of a job" in New Orleans.
Cronyism will always be here but after the FEMA disaster in New Orleans you would think he'd be a little more cautious about putting his buddies in high profile jobs. But then again its not like he'll be running for President again so why not. Maybe he can get "Kenny-boy" Lay a job over at the Federal Reserve when Greenspan retires.
Senor Limey at October 4, 2005 7:03 AM
I hear Michael Brown was the first choice, but he didn't want to go through another hearing so this alleged woman got the nod.
About the best that can be said for her is that she's not some twitchy blogger.
Richard Bennett at October 4, 2005 12:50 PM
2 days in and not happy about this pick. Not because I know something particularly distasteful about her, but for the very contrary reason that I know virtually nothing about her. When Presidents (on either side of the aisle) try to usher through their judicial picks, you often hear quite a bit of rhetoric about the halcyon days of deferring to the President’ judgment. Of course, this type of mystery surrounding a nominee doesn’t really help us, as a citizenry, maintain that level of trust. I’ve already heard comparisons to Abe Fortas, another private sector lawyer of bygone days elevated to the High Court. One major difference: Abe Fortas had actually argued in front of the Supreme Court! As far as I can tell, Miers is "merely" an intelligent lawyer. But so am I.
snakeman99 at October 4, 2005 1:24 PM
Miers wasn't even the first choice to be White House counsel.
Richard Bennett at October 4, 2005 2:06 PM
Well, I get to pick on people for two silly things. The first one is the, "... I know virtually nothing about her." Nobody you know well would be very well represented by popular media to strangers.
The second part is about recommending Mr. Volokh with the qualification of having clerked for SDO'C. Hey, Ann Coulter was a law clerk. From her site:
"Coulter clerked for the Honorable Pasco Bowman II of the United States Court of Appeals for the Eighth Circuit and was an attorney in the Department of Justice Honors Program for outstanding law school graduates.
After practicing law in private practice in New York City, Coulter worked for the Senate Judiciary Committee, where she handled crime and immigration issues for Senator Spencer Abraham of Michigan. From there, she became a litigator with the Center For Individual Rights in Washington, DC, a public interest law firm dedicated to the defense of individual rights with particular emphasis on freedom of speech, civil rights, and the free exercise of religion.
A Connecticut native, Coulter graduated with honors from Cornell University School of Arts & Sciences, and received her J.D. from University of Michigan Law School, where she was an editor of The Michigan Law Review."
If this is more-qualified than Ms. Miers, then you'd have to give Ann the nod.
Or - you could let Congress do its job of determining that this person is unworthy. There are a damned lot of lawyers and judges available to screen. I find it nasty that attempts are made to fill seats based on open prejudice.
Radwaste at October 4, 2005 4:41 PM
Yes, but I know and respect Eugene's work, his mind, and his integrity. I have his book The First Amendment here, and I used it to defend myself in a court case.
Rad, surely there are known quantities who are far better qualified than Miers. Fine legal minds actually working in the law biz seem to think so. Eugene would be an exemplary and fair justice. You see it every time he posts to his blog.
Amy Alkon at October 4, 2005 10:01 PM
Sure there are. Still, I find it amazing that people ignore the role of Congress. Dang, they don't even recognize when their state thug lies to them, rips them off or deliberately violates the Constitution.
Radwaste at October 5, 2005 2:14 AM
The blog layout of 2:30a wednesday looks excellent on Opera and Firefox. Totally faboo, clean and readable.
Crid at October 5, 2005 2:32 AM
Yes, the new style is nice. I'm only missing about 20 pixels on the left margin now.
Stu "El Inglés" Harris at October 5, 2005 7:29 AM
What does that mean, Stu? We cut off my head?
Amy Alkon at October 5, 2005 7:50 AM
That would be a harsh response to a mild fault in web page layout.
Crid at October 5, 2005 9:15 AM
Yes, your boat-race[1] is bisected right down the nose at my preferred window width (about 650px). When full-screen, all but the A of AMY is visible.
[1] Cockney rhyming slang: face
Stu "El Inglés" Harris at October 5, 2005 4:30 PM
Well. You know that old saying, "Will wonders never cease?"
Ann Coulter agrees with Amy about Harriet Miers.
Radwaste at October 5, 2005 7:12 PM
Stu,
Boyfriend would like to know:
What computer are you on, what size monitor do you have, what's your screen resolution, what browser, what OS?
He wonders if you're wondering low screen resolution. I don't really understand what that means, maybe you do.
Amy Alkon at October 6, 2005 6:12 PM
Corrected link: Ann Coulter Agrees With Amy re Harriet Miers
Radwaste at February 28, 2017 2:30 AM
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