Robert H. Bork, whose own nomination to the Supreme Court generated the verb “to bork” in American political lexicon, lays the wood to President Bush’s nomination of Harriet Miers to the Supreme Court in this Opinion Journal piece, which includes these gems:
There is, to say the least, a heavy presumption that Ms. Miers, though undoubtedly possessed of many sterling qualities, is not qualified to be on the Supreme Court. It is not just that she has no known experience with constitutional law and no known opinions on judicial philosophy. It is worse than that. As president of the Texas Bar Association, she wrote columns for the association’s journal. David Brooks of the New York Times examined those columns. He reports, with supporting examples, that the quality of her thought and writing demonstrates absolutely no “ability to write clearly and argue incisively.”
The administration’s defense of the nomination is pathetic: Ms. Miers was a bar association president (a nonqualification for anyone familiar with the bureaucratic service that leads to such presidencies); she shares Mr. Bush’s judicial philosophy (which seems to consist of bromides about “strict construction” and the like); and she is, as an evangelical Christian, deeply religious. That last, along with her contributions to pro-life causes, is designed to suggest that she does not like Roe v. Wade, though it certainly does not necessarily mean that she would vote to overturn that constitutional travesty.
This George Bush, like his father, is showing himself to be indifferent, if not actively hostile, to conservative values. He appears embittered by conservative opposition to his nomination, which raises the possibility that if Ms. Miers is not confirmed, the next nominee will be even less acceptable to those asking for a restrained court. That, ironically, is the best argument for her confirmation.
Read the entire piece, which is quite devastating. By the way, Mr. Bork includes as a part of the op-ed one of the best shorthand descriptions of the judicial philosophy of originalism:
Originalism simply means that the judge must discern from the relevant materials — debates at the Constitutional Convention, the Federalist Papers and Anti-Federalist Papers, newspaper accounts of the time, debates in the state ratifying conventions, and the like — the principles the ratifiers understood themselves to be enacting. The remainder of the task is to apply those principles to unforeseen circumstances, a task that law performs all the time. Any philosophy that does not confine judges to the original understanding inevitably makes the Constitution the plaything of willful judges.
Some Interesting Stuff
Here’s a few ideas on some things to look at if you have not already had the chance. Fineman’s comment on White House spinners and of today and yesterday is not only interesting but raises a more important question. How