tag:blogger.com,1999:blog-3401584991689197404.post5292470869267142085..comments2024-03-02T09:41:35.809-08:00Comments on Donkeylicious - A Blog by Neil Sinhababu and Nicholas Beaudrot: I Miss Harriet MiersNeil Sinhababuhttp://www.blogger.com/profile/03249327186653397250noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-3401584991689197404.post-55071202810584004232012-06-27T18:04:24.815-07:002012-06-27T18:04:24.815-07:00I don't know that Bush would have put his girl...I don't know that Bush would have put his girl on the court. She was a trainwreck from News Cycle One, and while it's true it was the wingnuts who fomented it, not the Dems, it was also diverse GOPers like Specter, Graham, and Brownback who publicly voiced reservations. As far as I can remember, Leahy and Schumer really let this one play out as far as they could stand it. Even then Specter and Leahy said there was no urgent problem and they announced the start date for hearings. Graham and Brownback probably torpedoed Miers by asking for her memoranda and briefs. That gave Bush a usable cover.andrew longnoreply@blogger.comtag:blogger.com,1999:blog-3401584991689197404.post-22267282117696848422012-06-26T13:58:05.506-07:002012-06-26T13:58:05.506-07:00If the Dems come through with 40 votes for confirm...If the Dems come through with 40 votes for confirmation, Bush might very well take it and put his girl on the court, to the horror of the right wing.Neil Sinhababuhttps://www.blogger.com/profile/03249327186653397250noreply@blogger.comtag:blogger.com,1999:blog-3401584991689197404.post-70378305864056246042012-06-26T13:33:50.344-07:002012-06-26T13:33:50.344-07:00Does this matter? It was the wingnuts, not the De...Does this matter? It was the wingnuts, not the Dems, that forced Bush to withdraw the Miers nomination. At best/worst, the Dems may have supplied the wingnuts with some ammunition.low-tech cyclistnoreply@blogger.comtag:blogger.com,1999:blog-3401584991689197404.post-74101498180395965842012-06-25T15:49:29.403-07:002012-06-25T15:49:29.403-07:00If it were an issue of having all 9 justices be Ha...If it were an issue of having all 9 justices be Harriet Miers, that would be a problem. But I'm happy to count on the other 8 to split at least 5-3 in favor of the right answer when it's time to make good law in a nonideological way.Neil Sinhababuhttps://www.blogger.com/profile/03249327186653397250noreply@blogger.comtag:blogger.com,1999:blog-3401584991689197404.post-25472218474688231002012-06-25T15:02:16.593-07:002012-06-25T15:02:16.593-07:00I've gotta disagree, Neil.
I know it looks li...I've gotta disagree, Neil.<br /><br />I know it looks like every case that comes down the pike is a political one. And each year, a few are.<br /><br />But the Court has, <i>literally</i>, 10,000 case on their docket as of right now. [http://www.supremecourt.gov/about/justicecaseload.aspx] They get to about 150-200 of those each year, in one way or another. Each Justice writes the equivalent of a large tome on mind-bending, quantum physics-esq issues. The hard stuff isn't constitutional, either. Take a look at abstention doctrine on wikipedia. Or delve into tax law -- which combines the readability of Kant with the phone book.<br /><br />It's no wonder that the media pick up on one or two easy to retell cases a year. <br /><br />In these uncovered cases, you'll often find that ideology doesn't apply. There really isn't a Republican approach to applying <i>Younger</i> abstention doctrine, for instance. It really has to do with how the Federal Courts operate in some abstract ways.<br /><br />Miers was nearly a dangerous precedent. Her appointment would have broken the long record of competence that all (or nearly all) Justices have displayed. I may not like Scalia's jurisprudence, but he is capable of forming an opinion on the toughest, most abstract matters.<br /><br />Make her ambassador to England; but not a Justice.CreidShttp://anincompleteeducation.tumblr.comnoreply@blogger.comtag:blogger.com,1999:blog-3401584991689197404.post-15312197624333269912012-06-25T14:43:20.022-07:002012-06-25T14:43:20.022-07:00But there is a more than zero probability she woul...But there is a more than zero probability she would have voted differently. Alito was always going to be a down the line supporter of the Republican agenda (not for instance that while he was compared to Scalia, Scalia dissents from the cases that find excessive punitive damages unconstitutional while Alito supports them).Nick Beaudrothttps://www.blogger.com/profile/02794690208464883973noreply@blogger.comtag:blogger.com,1999:blog-3401584991689197404.post-3919551823181832182012-06-25T14:31:32.220-07:002012-06-25T14:31:32.220-07:00Isn't this just a case of the grass is greener...Isn't this just a case of the grass is greener? Now, I get that pretty much anybody with two brain cells to rub together knew that Alito a dogmatic corporatist creep (no matter what he said during his confirmation hearing) but just because we don't know anything about Miers doesn't mean she wouldn't have voted the same way as Alito…Greg Haohttps://www.blogger.com/profile/01805996565667458046noreply@blogger.com