Questioning Miers

[RJLipkin at aol.com]

I do not see how my  original post turned into a discussion about whether 
nominees should be queried  on works of academic scholarship. Although, I do  
believe such works are relevant to judging, my original statement made no  mentio
n of any texts independent of caselaw. For any  subsequent statements I made 
to suggest such a turn I am deeply  sorry.
 
        Can we agree that  constitutional theory and history exist in actual 
cases?  If so, let's  imagine no one ever wrote a book or article on either. 
Is it then  appropriate to question Ms. Miers on constitutional theory and the 
development  of constitutional law as these topics exist in actual cases?
 
Bobby
 
Robert Justin  Lipkin
Professor of Law
Widener University School of  Law
Delaware
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