Miers / White
DLaycock at law.utexas.edu
Mon Oct 3 09:57:53 PDT 2005
It's not just Eugene; Nina Totenberg made the White analogy this
morning. She quoted Kennedy as saying "I need someone who's strong on
civil rights and tough on law and order, and that's you Byron."
Two more nominated because they were close to the President are Sherman
Minton and Harold Burton.
University of Texas Law School
727 E. Dean Keeton St.
Austin, TX 78705
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Volokh, Eugene
Sent: Monday, October 03, 2005 11:53 AM
To: CONLAWPROF at lists.ucla.edu
Subject: Miers / White
Is it just me, or are there interesting panels between Harriet
Miers' appointment and Byron White's? Both had been lawyers rather than
judges or academics; both came to Washington after being involved in the
President's campaign, and after having known the President for some time
before then. Both, I take it, were appointed in large part because they
had the President's trust. (I know White had done spectacularly well in
law school, and I don't know about Miers' record; but in any event, I
suspect that his service in the Administration and his having the
President's confidence were in any event more important than his law
Obviously, the analogy -- or the slight analogy with Powell --
is not intended to be perfect; and the White pattern brings up both
highly regarded Justices like White and less regarded ones like Fortas.
But it seems to me that Miers fits this tradition, which I suspect was
also the pattern for many appointees of the Roosevelt Administration,
more than the Scalia/Ginsburg/Breyer tradition; and comparing her to
other judges in this tradition is more helpful than comparing her to the
more modern pattern, in which the Court is unusually loaded with former
judges and, to a smaller but still historically unusual extent, former
To post, send message to Conlawprof at lists.ucla.edu To subscribe,
unsubscribe, change options, or get password, see
Please note that messages sent to this large list cannot be viewed as
private. Anyone can subscribe to the list and read messages that are
posted; people can read the Web archives; and list members can (rightly
or wrongly) forward the messages to others.
More information about the Conlawprof