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	<title>Comments on: Harriet Miers Nominee for Supreme Court</title>
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	<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/</link>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59792</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Tue, 04 Oct 2005 01:42:32 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59792</guid>
		<description>Don:  Sure, 60 isn&#039;t all that old.  But there are certainly 45-year-olds with equally impressive credentials--although perhaps no females with long Bush associations.</description>
		<content:encoded><![CDATA[<p>Don:  Sure, 60 isn't all that old.  But there are certainly 45-year-olds with equally impressive credentials--although perhaps no females with long Bush associations.</p>
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		<title>By: Don</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59789</link>
		<dc:creator>Don</dc:creator>
		<pubDate>Tue, 04 Oct 2005 01:38:54 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59789</guid>
		<description>&gt;The age issue is interesting; perhaps he wants &gt;her on the bench long enough to get said &gt;decisions handed down, and then hope that &gt;thereâs another conservative who can appoint &gt;someone else.

All things considered, I don&#039;t see why her age is a limiting factor.  She&#039;s 60, unmarried, without children.  At this point, her life expectancy is likely well into her 80s, and she&#039;s not likely to step down to &quot;spend more time with her family,&quot; which was O&#039;Connor&#039;s rationale for stepping down at, what, 80?</description>
		<content:encoded><![CDATA[<p>&gt;The age issue is interesting; perhaps he wants &gt;her on the bench long enough to get said &gt;decisions handed down, and then hope that &gt;thereâs another conservative who can appoint &gt;someone else.</p>
<p>All things considered, I don't see why her age is a limiting factor.  She's 60, unmarried, without children.  At this point, her life expectancy is likely well into her 80s, and she's not likely to step down to "spend more time with her family," which was O'Connor's rationale for stepping down at, what, 80?</p>
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		<title>By: Don</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59787</link>
		<dc:creator>Don</dc:creator>
		<pubDate>Tue, 04 Oct 2005 01:35:39 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59787</guid>
		<description>The more I&#039;ve thought about the Miers nomination, the more disturbed I&#039;ve become. Okay, she has no judicial experience...that&#039;s not unprecedented. 


However, it seems to me that most nominees to the nation&#039;s highest court without previous judicial experience have had other relevant experience - they&#039;ve argued a number of cases before the Supreme Court, or they&#039;ve served in the Solicitor General&#039;s Office, or they&#039;ve had a distinguished legal academic career, or even that they&#039;ve served with distinction in the public square, as a governor, senator, etc.


But with Miers, there&#039;s none of this. She&#039;s been an attorney, but I haven&#039;t heard that she&#039;s argued any important cases or even that she has much of a background in constitutional law. She&#039;s been on the Dallas City Council, but a Dallas reporter who covered her said that she didn&#039;t make much of an impression or take any momentous stands to speak of. 


What exactly has this woman done that qualifies her for the Supreme Court? Its one thing for the Senate to reject a nominee who&#039;s ideologically extreme...would they reject a nominee who brings few obvious qualifications for the position?


I&#039;m underwhelmed!</description>
		<content:encoded><![CDATA[<p>The more I've thought about the Miers nomination, the more disturbed I've become. Okay, she has no judicial experience...that's not unprecedented. </p>
<p>However, it seems to me that most nominees to the nation's highest court without previous judicial experience have had other relevant experience - they've argued a number of cases before the Supreme Court, or they've served in the Solicitor General's Office, or they've had a distinguished legal academic career, or even that they've served with distinction in the public square, as a governor, senator, etc.</p>
<p>But with Miers, there's none of this. She's been an attorney, but I haven't heard that she's argued any important cases or even that she has much of a background in constitutional law. She's been on the Dallas City Council, but a Dallas reporter who covered her said that she didn't make much of an impression or take any momentous stands to speak of. </p>
<p>What exactly has this woman done that qualifies her for the Supreme Court? Its one thing for the Senate to reject a nominee who's ideologically extreme...would they reject a nominee who brings few obvious qualifications for the position?</p>
<p>I'm underwhelmed!</p>
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		<title>By: Sam</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59777</link>
		<dc:creator>Sam</dc:creator>
		<pubDate>Tue, 04 Oct 2005 00:38:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59777</guid>
		<description>Some people are just better suited for the job.  And I happen to like my picks the most.</description>
		<content:encoded><![CDATA[<p>Some people are just better suited for the job.  And I happen to like my picks the most.</p>
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		<title>By: Herb</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59773</link>
		<dc:creator>Herb</dc:creator>
		<pubDate>Mon, 03 Oct 2005 22:52:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59773</guid>
		<description>Anderson,  The last I heard that if Congress (Both House and Senate) Passes a law and the President signs that bill into law, then you I, the Federal Judges and the SCOTUS are obliged to obey the law that was correctly passed. 

The Federal Judges and a Supreme Court Judge disobeyed that law.  That is pure fact.

Are those Judges above the Law?</description>
		<content:encoded><![CDATA[<p>Anderson,  The last I heard that if Congress (Both House and Senate) Passes a law and the President signs that bill into law, then you I, the Federal Judges and the SCOTUS are obliged to obey the law that was correctly passed. </p>
<p>The Federal Judges and a Supreme Court Judge disobeyed that law.  That is pure fact.</p>
<p>Are those Judges above the Law?</p>
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		<title>By: The Debate Link</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59767</link>
		<dc:creator>The Debate Link</dc:creator>
		<pubDate>Mon, 03 Oct 2005 22:18:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59767</guid>
		<description>&lt;strong&gt;Miscalculation&lt;/strong&gt;

So, the nominee is Harriet Miers, who is without a doubt very qualified--just not for this job. As so often is the case, my views parallel Legal Fiction: I&#039;ll listen to what she has to say--but this sounds remarkably like a judicial version of Michae...</description>
		<content:encoded><![CDATA[<p><strong>Miscalculation</strong></p>
<p>So, the nominee is Harriet Miers, who is without a doubt very qualified--just not for this job. As so often is the case, my views parallel Legal Fiction: I'll listen to what she has to say--but this sounds remarkably like a judicial version of Michae...</p>
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		<title>By: Anderson</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59766</link>
		<dc:creator>Anderson</dc:creator>
		<pubDate>Mon, 03 Oct 2005 22:14:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59766</guid>
		<description>Herb, leaving aside your woeful misapprehensions about the Schiavo case, the Supreme Court &lt;a href=&quot;http://www.supremecourtus.gov/ctrules/rulesofthecourt.pdf&quot; rel=&quot;nofollow&quot;&gt;does indeed have rules&lt;/a&gt;.

You will be delighted to learn that they write them themselves.

Anyway, I find nothing in them about recusal, so I guess the rule is 28 USC 455, which I don&#039;t find to have any check on a justice&#039;s own discretion.  Normally one appeals a refusal to recuse to the next higher court, but that&#039;s not an option with the SCOTUS.</description>
		<content:encoded><![CDATA[<p>Herb, leaving aside your woeful misapprehensions about the Schiavo case, the Supreme Court <a href="http://www.supremecourtus.gov/ctrules/rulesofthecourt.pdf" rel="nofollow">does indeed have rules</a>.</p>
<p>You will be delighted to learn that they write them themselves.</p>
<p>Anyway, I find nothing in them about recusal, so I guess the rule is 28 USC 455, which I don't find to have any check on a justice's own discretion.  Normally one appeals a refusal to recuse to the next higher court, but that's not an option with the SCOTUS.</p>
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		<title>By: Herb</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59753</link>
		<dc:creator>Herb</dc:creator>
		<pubDate>Mon, 03 Oct 2005 21:21:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59753</guid>
		<description>Anderson:

Do you mean to say that &quot;The Court Has Rules&quot;?

If so, would one rule be that Judges follow and obey the law.

I surely would hope so.

But then again, we all saw Federal Court Judges and Supreme Court Judge Kennedy violate the law passed by Congress in the Terry Scheivo case

And not one of these Judges were brought to Justice</description>
		<content:encoded><![CDATA[<p>Anderson:</p>
<p>Do you mean to say that "The Court Has Rules"?</p>
<p>If so, would one rule be that Judges follow and obey the law.</p>
<p>I surely would hope so.</p>
<p>But then again, we all saw Federal Court Judges and Supreme Court Judge Kennedy violate the law passed by Congress in the Terry Scheivo case</p>
<p>And not one of these Judges were brought to Justice</p>
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		<title>By: Anderson</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59744</link>
		<dc:creator>Anderson</dc:creator>
		<pubDate>Mon, 03 Oct 2005 20:24:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59744</guid>
		<description>&lt;em&gt;After all, wouldnât Miers have to recuse herself from any GWOT cases that sheâs been involved with at the White House?&lt;/em&gt;

IIRC, the sole judge of whether a justice must recuse herself, is that justice.  Someone conversant with the Court&#039;s own rules might be able to correct me on this.</description>
		<content:encoded><![CDATA[<p><em>After all, wouldnât Miers have to recuse herself from any GWOT cases that sheâs been involved with at the White House?</em></p>
<p>IIRC, the sole judge of whether a justice must recuse herself, is that justice.  Someone conversant with the Court's own rules might be able to correct me on this.</p>
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		<title>By: Opinion Times</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59738</link>
		<dc:creator>Opinion Times</dc:creator>
		<pubDate>Mon, 03 Oct 2005 20:05:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59738</guid>
		<description>&lt;strong&gt;Harriet Miers:  The Katrina Nominee&lt;/strong&gt;

	A friend asked me if Bush would betray the conservative movement with his next SCOTUS nominee.  My response was, &#8220;I think he&#8217;ll do the right thing.&#8221;  I&#8217;m eating my words a bit this morning.
	Harriet Miers seems to be well quali...</description>
		<content:encoded><![CDATA[<p><strong>Harriet Miers:  The Katrina Nominee</strong></p>
<p>	A friend asked me if Bush would betray the conservative movement with his next SCOTUS nominee.  My response was, &#8220;I think he&#8217;ll do the right thing.&#8221;  I&#8217;m eating my words a bit this morning.<br />
	Harriet Miers seems to be well quali...</p>
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		<title>By: Not Exactly Rocket Science</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59735</link>
		<dc:creator>Not Exactly Rocket Science</dc:creator>
		<pubDate>Mon, 03 Oct 2005 19:31:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59735</guid>
		<description>&lt;strong&gt;The Harriet Miers Brouhaha&lt;/strong&gt;

It&#039;s been a while since I&#039;ve weighed in on a political issue. I just haven&#039;t had the motivation. Admittedly, I&#039;ve avoided paying too much attention to any of the foaming-at-the-mouth folks who are completely against this nom. I&#039;m going to...</description>
		<content:encoded><![CDATA[<p><strong>The Harriet Miers Brouhaha</strong></p>
<p>It's been a while since I've weighed in on a political issue. I just haven't had the motivation. Admittedly, I've avoided paying too much attention to any of the foaming-at-the-mouth folks who are completely against this nom. I'm going to...</p>
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		<title>By: Reaganites Unite!</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59728</link>
		<dc:creator>Reaganites Unite!</dc:creator>
		<pubDate>Mon, 03 Oct 2005 18:24:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59728</guid>
		<description>&lt;strong&gt;Bush Picks Harriet Miers, Drudge Says SHE&#039;S A Dem!&lt;/strong&gt;

Harriet Miers gave cash contribution to the Democratic National Committee in 1988 and Gore campaign -- while Bush dad was running for president!... On a conference call this morning, former RNC Chairman Ed Gillespie admitted Miers was democrat throug...</description>
		<content:encoded><![CDATA[<p><strong>Bush Picks Harriet Miers, Drudge Says SHE'S A Dem!</strong></p>
<p>Harriet Miers gave cash contribution to the Democratic National Committee in 1988 and Gore campaign -- while Bush dad was running for president!... On a conference call this morning, former RNC Chairman Ed Gillespie admitted Miers was democrat throug...</p>
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		<title>By: callen</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59726</link>
		<dc:creator>callen</dc:creator>
		<pubDate>Mon, 03 Oct 2005 17:31:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59726</guid>
		<description>Oddly, she looks like the mom on &quot;Happpy Days.&quot;</description>
		<content:encoded><![CDATA[<p>Oddly, she looks like the mom on "Happpy Days."</p>
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		<title>By: Luttingisaloser</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59724</link>
		<dc:creator>Luttingisaloser</dc:creator>
		<pubDate>Mon, 03 Oct 2005 16:55:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59724</guid>
		<description>Why is everyone so high and mighty on McConnell and Lutting? They are not conservative! 

&quot;Luttig backed parental-notification requirements for minors seeking abortion in 1998. Two years later, he voted to strike down a law barring ``partial-birth&#039;&#039; abortion, saying he was bound by a Supreme Court decision. In 2004, he voted to bar South Carolina from offering license plates that said ``&lt;a href=&quot;http://www.bloomberg.com/apps/news?pid=email_us&amp;refer=top_world_news&amp;sid=aBk2T7IVS.i0&quot;&gt;Choose Life&lt;/a&gt;.&#039;&#039; 



&quot;Abortion 
Voted to deny rehearing in a case about South Carolina&#039;s decision to offer &quot;choose life&quot; license plates. Luttig&#039;s vote helped to uphold a ruling that the license-plate program violated the First Amendment because it did not offer pro-choice advocates a similar opportunity to make license plates that asserted their views. (Planned Parenthood of S.C. Inc. v. Rose, 2004) &quot;

http://www.dkosopedia.com/index.php/J._Michael_Luttig

Get over it, Lutting is a joke and couldn&#039;t have been trusted. He is not conservative. 

As for McConnel,
&quot;The McConnell who pleases liberals is the one who clerked for the late Justice William Brennan Jr., criticized the Court&#039;s 2000 decision in Bush v. Gore, and, before that, questioned whether President Clinton should be impeached. 

He opposes the constitutional amendment against flag-burning and is against school prayer in coercive settings. McConnell has fought on and off the bench in favor of non-mainstream religions; he and Justice Antonin Scalia have dueled in print over McConnell&#039;s sharp criticism of Employment Division v. Smith, in which Scalia applied drug laws against a sect that used peyote in its ceremonies.&quot; 

http://www.law.com/jsp/article.jsp?id=1117789517125

In light of this, do you still want that moderate mainstream joker now? I never did. Quit calling these men conservative!</description>
		<content:encoded><![CDATA[<p>Why is everyone so high and mighty on McConnell and Lutting? They are not conservative! </p>
<p>"Luttig backed parental-notification requirements for minors seeking abortion in 1998. Two years later, he voted to strike down a law barring ``partial-birth'' abortion, saying he was bound by a Supreme Court decision. In 2004, he voted to bar South Carolina from offering license plates that said ``<a href="http://www.bloomberg.com/apps/news?pid=email_us&amp;refer=top_world_news&amp;sid=aBk2T7IVS.i0">Choose Life</a>.'' </p>
<p>"Abortion<br />
Voted to deny rehearing in a case about South Carolina's decision to offer "choose life" license plates. Luttig's vote helped to uphold a ruling that the license-plate program violated the First Amendment because it did not offer pro-choice advocates a similar opportunity to make license plates that asserted their views. (Planned Parenthood of S.C. Inc. v. Rose, 2004) "</p>
<p><a href="http://www.dkosopedia.com/index.php/J._Michael_Luttig" rel="nofollow">http://www.dkosopedia.com/index.php/J._Michael_Luttig</a></p>
<p>Get over it, Lutting is a joke and couldn't have been trusted. He is not conservative. </p>
<p>As for McConnel,<br />
"The McConnell who pleases liberals is the one who clerked for the late Justice William Brennan Jr., criticized the Court's 2000 decision in Bush v. Gore, and, before that, questioned whether President Clinton should be impeached. </p>
<p>He opposes the constitutional amendment against flag-burning and is against school prayer in coercive settings. McConnell has fought on and off the bench in favor of non-mainstream religions; he and Justice Antonin Scalia have dueled in print over McConnell's sharp criticism of Employment Division v. Smith, in which Scalia applied drug laws against a sect that used peyote in its ceremonies." </p>
<p><a href="http://www.law.com/jsp/article.jsp?id=1117789517125" rel="nofollow">http://www.law.com/jsp/article.jsp?id=1117789517125</a></p>
<p>In light of this, do you still want that moderate mainstream joker now? I never did. Quit calling these men conservative!</p>
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		<title>By: bryan</title>
		<link>http://www.outsidethebeltway.com/archives/cnncom_-_bush_expected_to_nominate_harriet_miers_to_supreme_court_-_oct_3_2005/comment-page-1/#comment-59723</link>
		<dc:creator>bryan</dc:creator>
		<pubDate>Mon, 03 Oct 2005 16:24:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/12206#comment-59723</guid>
		<description>I&#039;m not so sure I see the GWOT angle as being a positive. After all, wouldn&#039;t Miers have to recuse herself from any GWOT cases that she&#039;s been involved with at the White House?

Hewitt&#039;s endorsement reads more like someone who drank the kool-aid than any sort of reasoned argument for.</description>
		<content:encoded><![CDATA[<p>I'm not so sure I see the GWOT angle as being a positive. After all, wouldn't Miers have to recuse herself from any GWOT cases that she's been involved with at the White House?</p>
<p>Hewitt's endorsement reads more like someone who drank the kool-aid than any sort of reasoned argument for.</p>
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