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Saturday, October 22, 2005

In her own words: Harriet Miers on judicial activism

One of Harriet Miers's responses to the U.S. Senate Judiciary committee's questionnaire answers the following:  "No. 28. Judicial Activism: Please discuss your views on the following criticism involving 'judicial activism.' "  This is Ms. Miers's reply . . . (for more, go to Burkean Canuck).  Gives the lie to suggestions that Ms. Miers is a less than formidable legal intellect . . .

Posted by Russ Kuykendall on October 22, 2005 | Permalink


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At one point in the questionnaire Miers writes,

"As I entered private practice, I grew to appreciate even more the importance of predictability and stability in the law..."


Well, that's one way to achieve predictability in the law.

Posted by: Paul Canniff | 2005-10-23 7:43:01 AM

The Miers nomination has been perhaps Bush's biggest mistake. Read m take on it:


Posted by: Jonathan Strong | 2005-10-23 10:40:40 AM


This nomination bid is dead, period, in large part thanks to Miers' own words:


"The speeches offer some of the clearest insights yet into Miers's thinking on volatile social issues that can make their way to the high court. Miers, currently the White House counsel, spent the majority of her career in private practice and has a limited public record on many of the controversial topics -- including abortion and affirmative action -- that senators said they want to question her about at a confirmation hearing to begin Nov. 7.

"Miers's speeches, which she provided to the Judiciary Committee, prompted a wary reaction from conservatives. Many conservative organizations have criticized her selection and several have called on President Bush to withdraw her name, saying there are other more qualified, conservative legal scholars and jurists who should be nominated.

""This is going to be very disturbing to conservatives because I think it shows that she is a judicial activist," said Mathew D. Staver, president and general counsel for the Liberty Counsel, which frequently argues constitutional cases from the conservative perspective. "This concept of self-determination could clearly be read in support for things like abortion or same-sex marriage, and it's a philosophy that cuts a judge loose from the Constitution...

"Activists on both sides of the abortion debate said that Miers's speech also appears to contradict a position she took just four years earlier, when she was running for the Dallas City Council."

Posted by: Paul Canniff | 2005-10-26 8:19:47 PM

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