Great Idea - Nominate Someone Who Isn't a Judge to the Supreme Court!

Remove all ads!

I just got a little more concerned about this appointment.

While I'll gladly dismiss Buchanan's rantings about a judicial dictatorship and conspiracy theories about judges legislating from the bench, I'm more worried about the effect this may have on the accountability of government. The judiciary isn't supposed to be antagonistic towards the legislature, true, but it is intended partially as a check on its powers.

To wit, it requires a level of actual and perceived independence that Miers is simply incapable of delivering, IMO. I could very well be wrong; Miers may be able to meet those requirements with fairness and impartiality. But since there's no way to fix the problem if one arises, I'm sure people will pardon me for erring on the side of caution.

 

It is very tempting to feel this way. And it is true that from a political standpoint, Democrats could probably be much worse if Bush withdraws Miers and appoints somebody else.

But still. I would rather take a brilliant conservative lawyer/judge rather than somebody like Miers. Call it elitism, if you want. The thing is, one can argue with the first class of people. You can sway their opinion with arguments, even if it runs contrary to their beliefs. While in the case of somebody who made a career from loyality to Bush... I don't have much hope.

Put it other way : I think it possible that a conservative which has intellectual honesty might move on the left once on the Supreme Court. Miers, on the other hand, if she is appointed, and she proves to be extreme right wing, I think she will vote blindly for whatever cause the conservatime movement embraces.

 

The more I look at it, the selection of Miers isn't all that surprising. It's definitely in keeping with Bush's m.o. Whenever an appointment arises, he is much more comfortable selecting someone who he knows for many years on a personal level, rather than going out and finding the best possible person. Not only was Miers his chief counsel, but she also led the team that recommended to Bush to select Roberts for the last appointment. This time, she was again head of the team, and Bush picked her before she completed the process of who she would recommend. It's not the first time he's done something like this either. The person in charge of finding Bush a running mate for the 2000 presidential election was named Dick Cheney.

 

Krauthammer also lays pretty hard into this nomination:

article

 

Sad, but true!

 

Well, acutally, dukedoms weren't heridtary in the beginning either. Dukedoms becoming hereditary was a degeneration of the feudal state.

 

Hmm,... based on latest developments, anyone wants to bet that Miers will in the end withdraw her nomination ...

 

The whole affair reminds me of the Tom Clancy novel when Jack Ryan had to replace the entire government (due to a terrorist strike) and was begging for the government to not be made up of lawyers.

 

Snook: lmao

Wasn't it Shakespeare that said that the first thing we need to do is kill all the lawyers?

 

I don't quite get the thrust of your comments. Are you saying that those who argue that Miers is unqualified want a lawyer on the Supreme Court? But Miers is a lawyer; actually I would say she is the quintessential lawyer-jokes lawyer. Her practice so far constitutes of covering the backsides of the powerful. No redeeming qualities