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Friday, October 21, 2005

Harsh Words for Harriet Miers

Ann Coulter has never been known for holding back. In this column from RealClearPolitics.com, Coulter rips the Miers nomination and is less than optimistic about the effect it may have on the court.

Here's a sample:
But without a conservative theory of constitutional interpretation, Miers will lay the groundwork for a million more Roes. We're told she has terrific "common sense." Common sense is the last thing you want in a judge! The maxim "Hard cases make bad law" could be expanded to "Hard cases being decided by judges with 'common sense' make unfathomably bad law."

4 Comments:

Anonymous Anonymous said...

Something is wrong when Coulter,Malkin, Will, and lets not forget about Bork, are opposed to your selection of judges.

1:57 PM

 
Anonymous Anonymous said...

I know this is cliche but....Number of black crack babies adopted by Anne Coulter?

6:18 PM

 
Blogger Politicl.Animal said...

You don't want a judge to have common sense?

Wasn't that a big criticism of the busing decisions, that they weren't founded on common sense?

And what about environmental rulings protecting spotted owls? Did those reflect common sense?

More common sense, please.

11:29 AM

 
Anonymous Bwana said...

Common sense is fine...but as we don't all share the same idea of common sense, and therein is the problem with this pick...

Common sense without a judicial philosophy encompassing the role of the constitution and the courts makes for an unstable foundation to assess the constitutionality of law.

Lewis Powell made a marvelous record on the Supremes with common sense as a lynchpin. However, Justice Powell also brought a judicial philosophy to the position that was the overarching basis of his decisions.

We don't know what if any judicial philosophy Ms. Meiers has. While it is true that there have been great and near great justices who had no judicial experience (Black, Frankfurter, Stone, Warren, Fortas, and Powell are some who come to mind). Generally they all had some position that that provided an idea of what their view toward constitutional law and the roll of the Supreme court-Warren being one whose experience did not accurately capture his philosophy.

That's my first problem with the Meiers pick.

Without an idea of she believes-strict constructionist or no, judicial activist or no, respector of stare decisis or no-it is going to be long, hard slog to get her across.

And there is my second problem with the Meiers pick...if the president is going to have to do this much work to get his pick across, why not put that effort into someone with a proven conservative record whose candidacy-successful or not-will rally his base in preparation for the 2006 elections?

1:52 PM

 

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