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	<title>Comments on: Miers</title>
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	<link>http://crookedtimber.org/2005/10/06/miers/</link>
	<description>Out of the crooked timber of humanity, no straight thing was ever made</description>
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		<title>By: Ken Gayley</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-2/#comment-108116</link>
		<dc:creator>Ken Gayley</dc:creator>
		<pubDate>Mon, 10 Oct 2005 06:42:20 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-108116</guid>
		<description>OK, so Bush can nominate almost anybody in the whole country to the SC, and it just happens that the best candidate is his personal aide?  There are only two clear reasons for this choice, one is that he knows her better than most anybody, and the other is that he has a sense of personal loyalty.  The first is troubling because it makes you wonder what he knows that we don&#039;t, and the second is troubling because cronyism is viewed as a political evil that maybe should not taint our government all the way through to the SC.  So which of these should be viewed as an acceptable reason for the US Senate to confirm her?  There is even more at stake here than Roe, it is the credibility and integrity of the entire government that is supposed to be the centerpiece of world democracy.</description>
		<content:encoded><![CDATA[	<p>OK, so Bush can nominate almost anybody in the whole country to the SC, and it just happens that the best candidate is his personal aide?  There are only two clear reasons for this choice, one is that he knows her better than most anybody, and the other is that he has a sense of personal loyalty.  The first is troubling because it makes you wonder what he knows that we don&#8217;t, and the second is troubling because cronyism is viewed as a political evil that maybe should not taint our government all the way through to the SC.  So which of these should be viewed as an acceptable reason for the <span class="caps">US </span>Senate to confirm her?  There is even more at stake here than Roe, it is the credibility and integrity of the entire government that is supposed to be the centerpiece of world democracy.</p>
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		<title>By: Richard Silverstein</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-2/#comment-107832</link>
		<dc:creator>Richard Silverstein</dc:creator>
		<pubDate>Sun, 09 Oct 2005 06:19:33 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107832</guid>
		<description>Hey, I&#039;ve got to speak up on Abramoff&#039;s behalf.  Don&#039;t you folks know he&#039;s a self-described &quot;Scholar of Talmudic Studies?&quot;  And a real rabbi confirmed it!  That should make him more than qualified to join the Supremes, right?

The link to my post on this topic is attached to this comment.</description>
		<content:encoded><![CDATA[	<p>Hey, I&#8217;ve got to speak up on Abramoff&#8217;s behalf.  Don&#8217;t you folks know he&#8217;s a self-described &#8220;Scholar of Talmudic Studies?&#8221;  And a real rabbi confirmed it!  That should make him more than qualified to join the Supremes, right?</p>

	<p>The link to my post on this topic is attached to this comment.</p>
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		<title>By: John Lederer</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-1/#comment-107694</link>
		<dc:creator>John Lederer</dc:creator>
		<pubDate>Sat, 08 Oct 2005 14:32:37 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107694</guid>
		<description>Those who decry Miers qualifications, really need to state what they think the qualifications ought be.

I note that many qualifications I have heard mentioned would reject several of the justices among most people&#039;s top ten all time list.

My own qualifications would include above average intellect, rock solid personal integrity (including intellectual integrity), a knowledge of how the justice system works, and the ability to quickly learn (no lawyer is knowledgeable about all the areas the Supreme Court must rule on, ranging from admiralty law to patent law), and patience.

The requirement of intellectual integrity is a major one that I think constrains ideology.

How does Miers fit on these non-exhaustive criteria?  I don&#039;t know yet.</description>
		<content:encoded><![CDATA[	<p>Those who decry Miers qualifications, really need to state what they think the qualifications ought be.</p>

	<p>I note that many qualifications I have heard mentioned would reject several of the justices among most people&#8217;s top ten all time list.</p>

	<p>My own qualifications would include above average intellect, rock solid personal integrity (including intellectual integrity), a knowledge of how the justice system works, and the ability to quickly learn (no lawyer is knowledgeable about all the areas the Supreme Court must rule on, ranging from admiralty law to patent law), and patience.</p>

	<p>The requirement of intellectual integrity is a major one that I think constrains ideology.</p>

	<p>How does Miers fit on these non-exhaustive criteria?  I don&#8217;t know yet.</p>
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		<title>By: lemuel pitkin</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-1/#comment-107434</link>
		<dc:creator>lemuel pitkin</dc:creator>
		<pubDate>Fri, 07 Oct 2005 19:27:49 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107434</guid>
		<description>(anyway, it doesn&#039;t matter: either way, the statement that &quot;The one and only thing to remember about Miers is that she is totally unqualified&quot; is wrong.)</description>
		<content:encoded><![CDATA[	<p>(anyway, it doesn&#8217;t matter: either way, the statement that &#8220;The one and only thing to remember about Miers is that she is totally unqualified&#8221; is wrong.)</p>
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		<title>By: lemuel pitkin</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-1/#comment-107433</link>
		<dc:creator>lemuel pitkin</dc:creator>
		<pubDate>Fri, 07 Oct 2005 19:26:39 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107433</guid>
		<description>If by &quot;the president&quot; you mean &quot;b&gt;this president&quot; (and what else could you mean, really?) then yes, I&#039;m claiming exactly that: any better-qualified Bush nominee would be less likely to uphold abortion rights.</description>
		<content:encoded><![CDATA[	<p>If by &#8220;the president&#8221; you mean &#8220;b>this president&#8221; (and what else could you mean, really?) then yes, I&#8217;m claiming exactly that: any better-qualified Bush nominee would be less likely to uphold abortion rights.</p>
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		<title>By: Competence and politics &#124; Cosmic Variance</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-1/#comment-107423</link>
		<dc:creator>Competence and politics &#124; Cosmic Variance</dc:creator>
		<pubDate>Fri, 07 Oct 2005 17:54:29 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107423</guid>
		<description>[...] (See also Belle Waring and Kieran Healy. Scott Lemieux wavers, but ultimately comes down on the other side. Thank goodness for the blogosphere; in the old mainstream-media days it would have been nearly impossible for non-experts to get such nuanced commentary so quickly and accessibly.) [...]</description>
		<content:encoded><![CDATA[	<p>[...] (See also Belle Waring and Kieran Healy. Scott Lemieux wavers, but ultimately comes down on the other side. Thank goodness for the blogosphere; in the old mainstream-media days it would have been nearly impossible for non-experts to get such nuanced commentary so quickly and accessibly.) [...]</p>
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		<title>By: Contradictory Ben</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-1/#comment-107422</link>
		<dc:creator>Contradictory Ben</dc:creator>
		<pubDate>Fri, 07 Oct 2005 17:53:56 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107422</guid>
		<description>Lemuel Pitkin,

Women&#039;s reproductive rights &lt;em&gt;are&lt;/em&gt; certainly more important than any formula for the election of justices, but I&#039;m not sure how this affects my argument about the later. Are you claiming that the president could not find a high achiever who would uphold abortion rights?</description>
		<content:encoded><![CDATA[	<p>Lemuel Pitkin,</p>

	<p>Women&#8217;s reproductive rights <em>are</em> certainly more important than any formula for the election of justices, but I&#8217;m not sure how this affects my argument about the later. Are you claiming that the president could not find a high achiever who would uphold abortion rights?</p>
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		<title>By: lemuel pitkin</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-1/#comment-107409</link>
		<dc:creator>lemuel pitkin</dc:creator>
		<pubDate>Fri, 07 Oct 2005 15:15:01 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107409</guid>
		<description>&lt;i&gt;Mier’s supporters are seriously arguing that qualifications and achievements are not important to (say) judging the legality of restricting women’s reproductive rights&lt;/i&gt;

So? Personally, I&#039;d prefer to see the right to abortion upheld, however mediocre the judges upholding it, than overturned, no matter how brilliant the judges overturning. How about you?</description>
		<content:encoded><![CDATA[	<p><i>Mier&#8217;s supporters are seriously arguing that qualifications and achievements are not important to (say) judging the legality of restricting women&#8217;s reproductive rights</i></p>

	<p>So? Personally, I&#8217;d prefer to see the right to abortion upheld, however mediocre the judges upholding it, than overturned, no matter how brilliant the judges overturning. How about you?</p>
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		<title>By: jet</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-1/#comment-107388</link>
		<dc:creator>jet</dc:creator>
		<pubDate>Fri, 07 Oct 2005 13:34:48 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107388</guid>
		<description>You all have missed the point of Miers.  Bush picked her as a red herring as she will change the entire debate to being about &quot;qualifications&quot;.  When she is shot down for being unqualified Bush will pick someone like Scalia and there will be little rhetorical room to shoot &lt;i&gt;him&lt;/i&gt; down.</description>
		<content:encoded><![CDATA[	<p>You all have missed the point of Miers.  Bush picked her as a red herring as she will change the entire debate to being about &#8220;qualifications&#8221;.  When she is shot down for being unqualified Bush will pick someone like Scalia and there will be little rhetorical room to shoot <i>him</i> down.</p>
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		<title>By: Contradictory Ben</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-1/#comment-107325</link>
		<dc:creator>Contradictory Ben</dc:creator>
		<pubDate>Fri, 07 Oct 2005 10:53:21 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107325</guid>
		<description>Mier&#8217;s supporters are seriously arguing that qualifications and achievements are not important to (say) judging the legality of restricting women&#039;s reproductive rights, or (say) deciding who gets to be the next president. Perhaps credentialism is elitist. But if they really want a justice &#8216;of the people&#8217;, they should argue for selection by lot rather than appointment by some of the most powerful and partisan people in the state. I doubt many would countenance this, so the charge of elitism is a red herring. The real fulcrum of this debate is whether you think Bush makes good choices in political appointments or not, i.e. whether he is a good judge of character. Needless to say, Brown, Rumsfield, and the rest of the gang do not inspire confidence in his appraisal of Miers.</description>
		<content:encoded><![CDATA[	<p>Mier&#8217;s supporters are seriously arguing that qualifications and achievements are not important to (say) judging the legality of restricting women&#8217;s reproductive rights, or (say) deciding who gets to be the next president. Perhaps credentialism is elitist. But if they really want a justice &#8216;of the people&#8217;, they should argue for selection by lot rather than appointment by some of the most powerful and partisan people in the state. I doubt many would countenance this, so the charge of elitism is a red herring. The real fulcrum of this debate is whether you think Bush makes good choices in political appointments or not, i.e. whether he is a good judge of character. Needless to say, Brown, Rumsfield, and the rest of the gang do not inspire confidence in his appraisal of Miers.</p>
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		<title>By: Mike Otsuka</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-1/#comment-107309</link>
		<dc:creator>Mike Otsuka</dc:creator>
		<pubDate>Fri, 07 Oct 2005 10:43:42 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107309</guid>
		<description>By the way, why haven&#039;t any of you Miers supporters on this thread yet resurrected the Republican Senator&#039;s defense of Nixon&#039;s unsuccessful nominee Harold Carswell:

&quot;Even if he is mediocre there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren&#039;t they, and a little chance? We can&#039;t have all Brandeises, Cardozos, and Frankfurters, and stuff like that there.&quot;

Not yet that desperate?</description>
		<content:encoded><![CDATA[	<p>By the way, why haven&#8217;t any of you Miers supporters on this thread yet resurrected the Republican Senator&#8217;s defense of Nixon&#8217;s unsuccessful nominee Harold Carswell:</p>

	<p>&#8220;Even if he is mediocre there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren&#8217;t they, and a little chance? We can&#8217;t have all Brandeises, Cardozos, and Frankfurters, and stuff like that there.&#8221;</p>

	<p>Not yet that desperate?</p>
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		<title>By: abb1</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-1/#comment-107258</link>
		<dc:creator>abb1</dc:creator>
		<pubDate>Fri, 07 Oct 2005 07:19:44 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107258</guid>
		<description>The thing of it is, being a SC Justice has gotta be about JUSTICE. And yes, technical work can be and is done by underlings.

Now, I do agree that one should expect much from a Bush crony, but let&#039;s be clear here: &lt;b&gt;one don&#039;t expect no freakin justice whatsoever from a successful super-smart freakin harvard/yale lawyer either&lt;/b&gt;. Certainly no more than from the Pets.Com dog. Know why? Gigantic ego causing all kinds of weirdness. Just look at that Alan Dershowitz guy.</description>
		<content:encoded><![CDATA[	<p>The thing of it is, being a <span class="caps">SC </span>Justice has gotta be about <span class="caps">JUSTICE</span>. And yes, technical work can be and is done by underlings.</p>

	<p>Now, I do agree that one should expect much from a Bush crony, but let&#8217;s be clear here: <b>one don&#8217;t expect no freakin justice whatsoever from a successful super-smart freakin harvard/yale lawyer either</b>. Certainly no more than from the Pets.Com dog. Know why? Gigantic ego causing all kinds of weirdness. Just look at that Alan Dershowitz guy.</p>
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		<title>By: Martin James</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-1/#comment-107254</link>
		<dc:creator>Martin James</dc:creator>
		<pubDate>Fri, 07 Oct 2005 06:34:19 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107254</guid>
		<description>Regarding the Ann Coulter link: One female republican lawyer lecturing conservatives on how another republican female lawyer is not a good enough choice for the Supreme Court.

How depressing...one might as well be a democrat.</description>
		<content:encoded><![CDATA[	<p>Regarding the Ann Coulter link: One female republican lawyer lecturing conservatives on how another republican female lawyer is not a good enough choice for the Supreme Court.</p>

	<p>How depressing&#8230;one might as well be a democrat.</p>
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		<title>By: Martin Bento</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-1/#comment-107252</link>
		<dc:creator>Martin Bento</dc:creator>
		<pubDate>Fri, 07 Oct 2005 06:13:08 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107252</guid>
		<description>People, this is one of those &quot;history repeats itself&quot; things:

Bush Nominates Horse to Supreme Court

President Bush caught the pundits by surprise yesterday in nominating his horse Harriet Neighers to the Supreme Court. Many Democrats who had been concerned that Bush&#039;s next nominee would have extreme ideas were impressed with how deftly Bush neutralized the &quot;idea&quot; problem. &quot;From all we can tell by the paper trail, her main concerns have been accumulating hay and flicking off flies. Who could argue with that?&quot; said Senator Harry Reid, slyly suggesting that he had been consulted on the nomination. Senator Dianne Feinstein reported that she had once asked the horse at a cocktail party whether she approved of Roe - one tap for yes, two taps for no. The horse tapped once, lost its balance, and fell over. &quot;I suppose we were all drinking a bit at that party&quot;, said Feinstein, &quot;but, still, one tap is one tap&quot;.

continued at:

http://www.livejournal.com/users/explodedview/</description>
		<content:encoded><![CDATA[	<p>People, this is one of those &#8220;history repeats itself&#8221; things:</p>

	<p>Bush Nominates Horse to Supreme Court</p>

	<p>President Bush caught the pundits by surprise yesterday in nominating his horse Harriet Neighers to the Supreme Court. Many Democrats who had been concerned that Bush&#8217;s next nominee would have extreme ideas were impressed with how deftly Bush neutralized the &#8220;idea&#8221; problem. &#8220;From all we can tell by the paper trail, her main concerns have been accumulating hay and flicking off flies. Who could argue with that?&#8221; said Senator Harry Reid, slyly suggesting that he had been consulted on the nomination. Senator Dianne Feinstein reported that she had once asked the horse at a cocktail party whether she approved of Roe &#8211; one tap for yes, two taps for no. The horse tapped once, lost its balance, and fell over. &#8220;I suppose we were all drinking a bit at that party&#8221;, said Feinstein, &#8220;but, still, one tap is one tap&#8221;.</p>

	<p>continued at:</p>

	<p><a href="http://www.livejournal.com/users/explodedview/" rel="nofollow">http://www.livejournal.com/users/explodedview/</a></p>
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		<title>By: bob mcmanus</title>
		<link>http://crookedtimber.org/2005/10/06/miers/comment-page-1/#comment-107245</link>
		<dc:creator>bob mcmanus</dc:creator>
		<pubDate>Fri, 07 Oct 2005 04:48:46 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2005/10/06/miers/#comment-107245</guid>
		<description>I thought of putting this on Bainbridge, but I will do it here. I think everyone is vastly misunderestimating both Miers and the President.

Assume she is ideologically acceptable.

What do we know about Miers? She rose, as a not very attractive woman, to the top of Texas business law firms, the Texas Bar, and rhe ABA. In an Oval Office surrounded by the likes of Rove, Cheney, Hughes, she not only thrived, but prospered. This is one champion schmoozer.

Now we have just added one intellectual heavyweight asshole to SCOTUS (&quot;Dean Starr&quot;?). The idea that Kennedy, or Souter, or Thomas will be moved ten or twenty percent in a favorable direction by have an additional intellectual barking briliiancies from the left chair while Roberts is barking brilliancies from the right is just stupid.

She will play &quot;good cop&quot; to Roberts&#039; &quot;bad cop&quot;. 

&quot;Now David, I know John can be a little hard to take sometimes. It is just his way. I really like your ideas on the case, but I don&#039;t quite understand the reasoning in the third paragraph. Could you help me out? Here, have a cookie.&quot;

It is a frigging brilliant pick. It is not contempt, it is not cronyism. You don&#039;t build a basketball team with five point guards.</description>
		<content:encoded><![CDATA[	<p>I thought of putting this on Bainbridge, but I will do it here. I think everyone is vastly misunderestimating both Miers and the President.</p>

	<p>Assume she is ideologically acceptable.</p>

	<p>What do we know about Miers? She rose, as a not very attractive woman, to the top of Texas business law firms, the Texas Bar, and rhe <span class="caps">ABA</span>. In an Oval Office surrounded by the likes of Rove, Cheney, Hughes, she not only thrived, but prospered. This is one champion schmoozer.</p>

	<p>Now we have just added one intellectual heavyweight asshole to <span class="caps">SCOTUS </span>(&#8220;Dean Starr&#8221;?). The idea that Kennedy, or Souter, or Thomas will be moved ten or twenty percent in a favorable direction by have an additional intellectual barking briliiancies from the left chair while Roberts is barking brilliancies from the right is just stupid.</p>

	<p>She will play &#8220;good cop&#8221; to Roberts&#8217; &#8220;bad cop&#8221;.</p>

	<p>&#8220;Now David, I know John can be a little hard to take sometimes. It is just his way. I really like your ideas on the case, but I don&#8217;t quite understand the reasoning in the third paragraph. Could you help me out? Here, have a cookie.&#8221;</p>

	<p>It is a frigging brilliant pick. It is not contempt, it is not cronyism. You don&#8217;t build a basketball team with five point guards.</p>
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