Former Congressman Bob Barr offers this observation, which in many ways mirrors mine. We don’t think that Harriet Miers is anything other than a smart lady and a fine lawyer – but we just don’t see her as having a clearly defined judicial philosophy or a deep concern for the constitutional law issues that are the bread-and-butter of Supreme Court cases.

I know there have been lawyers who have served with distinction on the Supreme Court — men like Lewis Powell, Abe Fortas and even the outstanding Louis Brandeis — whose first judicial job was on the U.S. high court.

The parallels really don't hold up well, Mr. President, because all of those justices actually had well-known records of serving in professional and academic venues in which they were called on repeatedly to issue opinions on complex matters involving constitutional and judicial issues.

Miers, despite have blazed a pioneering trail as the first woman head of the Texas Bar Association, is not possessed of such a record. Indeed, even though her defenders in your administration have noted that her duties as White House counsel necessarily include dealing with matters involving constitutional issues, you have already made it clear you will refuse to allow public or even Senate access to White House documents relating to her official duties.

Thus, even if there existed a paper trail irrefutably establishing that Miers' legal reasoning were every bit as profound as Justice Brandeis', we'll never know, because you refuse to show us the proof.

Moreover, the issues on which your counsel's constitutional bona fides might be established necessarily would relate to a fairly narrow range of matters, and all would necessarily involve justifications for your exercise of certain powers (torture, suspension of habeas corpus, defense of executive privilege). After all, that's what White House counsels are paid to do — find ways to justify whatever power a president wants to claim.

I’ll say it quite clearly – if this were a District Court nomination, I would be strongly supportive of a Miers nomination. I’d fight hard for a Circuit Court confirmation, too. But elevation to the Supreme Court requires an almost intangible something more – and I just don’t see this nominee as possessing it.

May God bless Harriet Miers – and may he keep her off this honorable court.

Posted by: Greg at 02:06 PM | Comments (1) | Add Comment
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