Specter on Miers

[isomin at gmu.edu]

I don't know what Specter might have said about a professor at an obscure law school. But to me, the key point is the absence of any serious record of engagement with constitutional law (whether as a law school prof or elsewhere), and the equally glaring paucity of evidence about Miers' judicial philosophy. I don't doubt that she is "smart and tough" and a successful lawyer. I just deny that these are sufficient qualifications for the Supreme Court.

Regarding Sekulow and Leo, their testimony must be weighed against that of numerous others(including former Bush staffers and loyalists such as David Frum), who know Miers and have doubts about her. See for example WSJ columnist John Fund's article today about his interviews with various associates of Miers:

 http://www.opinionjournal.com/diary/?id=110007384

But I will not attempt to parse the evidence in detail here. To me, the bottom line is that we should have a nominee whose judicial philosophy can be discerned WITHOUT relying on assurances from her friends. 

Ilya Somin
Assistant Professor of Law
George Mason University School of Law
3301 Fairfax Dr.
Arlington, VA 22201
ph: 703-993-8069
fax: 703-993-8202
e-mail: isomin at gmu.edu
Website: http://mason.gmu.edu/~isomin/

----- Original Message -----
From: Earl Maltz <emaltz at camden.rutgers.edu>
Date: Monday, October 10, 2005 8:23 am
Subject: Re: Specter on Miers

> The fact that Specter would make such a statement reflects the 
> degree to 
> which the self-styled intellectual elites have captured the debate 
> on this 
> nomination..  He would never make such a statement about a nominee 
> who was 
> a professor of constitutional law at the Oshkosh-B'Gosh Law School.
> 
> I have no idea what kind of justice that Harriet Miers will become 
> (although, to me, the best evidence remains the strong support of 
> Jay 
> Sekulow and Leonand Leo, who have worked closely with her closely. 
> Bush 
> may be an idiot, but whatever you can say about Sekulow and Leo, 
> they 
> certainly aren't).  However, one point is clear--most of her 
> critics 
> (including the majority of those on this list) do not have one-
> tenth of her 
> real world accomplishments AS A LAWYER.  She is obviously smart 
> and tough, 
> with excellent judgment..  I'll take that any time, whether or not 
> she has 
> had "Judge" or "Professor" before her name,.
> 
> At 02:05 AM 10/10/2005 -0400, you wrote:
> >In a recent statement on the Miers nomination, Sen. Arlen Specter 
> said 
> >that if confirmed she would need a "crash course in 
> constitutional law." 
> >The interesting thing about Specter's comment is that it was part 
> of a 
> >statement DEFENDING Miers' nomination.
> >
> >This strikes me as another Roman Hruska-like moment in this 
> nomination 
> >process. Perhaps Specter should have also pointed out that most 
> people 
> >don't know much about constitutional law, and they too deserve 
> >representation on the Supreme Court...
> >
> >Miers certainly can't be blamed for the silly statements of some 
> her 
> >defenders. But the fact that these defenders (including the non-
> silly 
> >ones) have come up with so little that could possibly persuade 
> anyone who 
> >didn't support Miers already is telling.
> >
> >
> >
> >Ilya Somin
> >Assistant Professor of Law
> >George Mason University School of Law
> >3301 Fairfax Dr.
> >Arlington, VA 22201
> >ph: 703-993-8069
> >fax: 703-993-8202
> >e-mail: isomin at gmu.edu
> >Website: http://mason.gmu.edu/~isomin/
> >
> >-----
> 
>