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Differing Views on Harriet Miers

Eric Muller at Is That Legal goes negative on Miers as a result of the RNC conference call I mentioned yesterday. Armando at Daily Kos says Eric makes some good points. The telephone conference was spin (not fact) by Republicans to garner support amongst their own for Miers. I think we should let Ms. Miers speak for herself at the confirmation hearings before deciding whether to support or oppose her nomination.

I prefer Law Prof Marci Hamilton's take - that all indications are that she's a centrist in the mold that George Bush used to be before the radical right got ahold of him. And that she'll stay that way.

As to what kind of judge she would be, Professor Hamilton writes:

In any event, she is clearly not an ideologue who has devoted her life to the goal of overturning Roe....What will happen if (and when) Miers's personal independence is combined with the independence of the judiciary? I think one can expect that she will not follow political guidelines, but rather, keep her own counsel and make her own, independent decisions. One can only wait in tense anticipation to see what Senator Santorum will have to say about having such a woman on the Supreme Court!

Miers also shares Justice O'Connor's experiences of being the "first woman" in a number of circumstances. She is at the tail-end of the generation that envisioned women in high positions of power, and worked hard to push through barriers. As with Justice O'Connor and Justice Ginsburg, Miers is likely to be very impatient with any attempt to argue there was no meaningful gender discrimination in the past, that there should be no heightened constitutional scrutiny in cases of gender discrimination, or that diversity is unimportant.

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    Re: Differing Views on Harriet Miers (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:47 PM EST
    RNC conference call, I think.

    Re: Differing Views on Harriet Miers (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:47 PM EST
    President Bush has tried to reassure anxious conservatives over his choice of Harriet Miers for the Supreme Court, testifying to her good character by saying " I know her heart. I know what she believes." They are not buying it. Sadly, President Bush's conservative allies are just now learning what the rest of us have known for years... For the full story, see: "George W. Bush: No Judge of Character"

    Re: Differing Views on Harriet Miers (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:47 PM EST
    Thanks, I fixed it.

    Re: Differing Views on Harriet Miers (none / 0) (#4)
    by Peter G on Sat Dec 17, 2005 at 01:04:47 PM EST
    FWIW, I know Marci Hamilton to be very smart, very fairminded, and generally a moderate conservative. Her academic writing is a no-spin zone.

    Re: Differing Views on Harriet Miers (none / 0) (#5)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:47 PM EST
    Ms. Hamilton is also the TL kid's professor for Constitutional Law this semester and he just raves about how smart and interesting she is. And he's at least as liberal as I am.

    Re: Differing Views on Harriet Miers (none / 0) (#7)
    by cpinva on Sat Dec 17, 2005 at 01:04:47 PM EST
    george bush a centrist? in what alternate reality? perhaps when he was 6 years old, though i doubt that. mr. bush has been troubelingly incompetent for every job he's ever held, the presidency is just his latest display of ineptitude, on a grander stage than his governorship and failed stints in the private sector. millard fillmore is looking pretty darn good by comparison.