Poor Harriet - Bush's Supreme Pick?

[MacUser]

Harriet Miers contributed $250 to Clinton for President Committee on December 23, 1991, according to Federal Election Commission records. She did not contribute any money to the reelection of President Bush senior, who would face off against the Democrat Clinton in the 1992 presidential election. On February 16, 1988, Miers contributed $1,000 to the Democratic presidential primary campaign of then-Sen. Al Gore. At the time Vice President George H.W. Bush was in a Republican presidential primary fight with then-Sen. Dole and Kemp. She did not contribute to any of these Republicans...

On a conference call held by the Federalist Society this morning, former RNC Chairman Ed Gillespie admitted sheepishly that Miers was a Democrat througout the 1980s...


Is that a David Souter itch I feel? Just can't quite scratch it?
hummmmmm...

[DeWayneTN]

This is EXTREMELY disappointing.

[MrDanger]

As far as Gore is concerned, he ran and acted like a conservative at that time. He didn't truly sell out (my personal opinion) till later on.

There were a lot of conservative democrats that switched over to conservative to moderate republicans in the 90's. Just off of that info, I am not ready to throw her out.

[MacUser]

I understand your thinking.. but why should we even have to debate on this... when so many qualified men and women are available?

This should be a no brainer. I'm with DeWayne on this one.

[MrDanger]

First and foremost, I didn't say I disagreed with Dewayne.

Secondly, are you then saying that you do not support someone that may have a completely different way of thinking over the 10+ years. Obviously, the Bush family doesn't have anything against her for seemingly going against his dad. Maybe, just maybe, it is possible that people actually do change.

[MacUser]

You are correct.. but why are we having this "maybe" converstation? Why do we have to risk or roll the dice? Sometimes you can just just tell when a pick makes a President look weak and appease the Democrats. This is part of my disappointment. IF the Democrats are praising this woman.. then something is wrong. Red Flags go up!

In all fairness.. this is a recent newsflash (unsure if true or not).

FLASH: Harriet Miers Has Given $16,500 To Republicans, $3,000 To Democrats, And $1,795 To PACs...

[scooter]

Never wed?

Too busy I hope.

[dolfan]

There's just no evidence how she views the role of a judge. None that I've seen.

Here's the West database profile of Ms. Miers. I've added some editorial comment in red.

Current Employment Position(s):
White House Counsel

Areas of Practice:
Antitrust & Trade Regulation
Litigation & Appeals

Bar Admissions:
Texas, 1970

Was she never even admitted to practice before any Federal court? If so, this doesn't state so. Typically, every court to which you are admitted to practice gets listed in these vitaes. For instance, I'm admitted to the Alabama State Bar, and to the U.S. District Court, Northern District of Alabam and Middle District of Alabama. I am not admitted to practice before the 11th Circuit or the US Supreme Court; those require separate applications that most lawyers do not undertake unless they have a reason to. My question is whether, beyond regulatory advice and executive experience, Ms. Miers has any experience in Federal court litigating Federal issues in her practice area. It simply doesn't appear so on this very cursory outline.
Education:

Southern Methodist University School of Law, Dallas, Texas, 1970
J.D., Juris Doctor
Honors: Barristers, Moot Court Board, Kappa Beta Pi
Law Review: Comments Editor, Southwestern Law Journal, 1969 - 1970

Southern Methodist University, Dallas, Texas, 1967
B.S., Bachelor of Science (in Mathematics, according to Pres. Bush today)

Classes/Seminars Taught:

Former Trial Advocacy Instructor, SMU NITA [National Institute of Trial Advocacy] Program, Southern Methodist University School of Law (just means she was a mock trial coach for their competition teams; I was on Alabama's; as a rule, these things are coached by left-of-center types, just FYI).

Honors and Awards:

Sustaining Life Fellow, Texas Bar Foundation

Charter Member, Fellows of the Dallas Bar Foundation

Fellow, American Bar Foundation

DAYL Outstanding Young Lawyer of Dallas, 1979

Recognized as Belo Hero for role in Dallas Bar's Acquisition of the Belo Manson

Sarah T. Hughes Award, Women in the Law Section, State Bar of Texas, 1993 (Pres. Bush said she'd won the Sandra Day O'Connor award, but that isn't listed here. Could this have been the one he meant?)

National Award for Leadership and Commitment from Girls Clubs, 1987

American Jewish Committee, Human Relations Award, 1992

Justinian Award for Community Service, 1992

Professional Associations and Memberships:

State Bar of Texas, 1992 - 1993
President [Not a grand qualification, IMHO. Bar presidents are elected by lawyers and carry the day based on whether the plaintiffs' or defense bar is currently en vogue.]

Dallas Bar Association, 1985
President

Southwestern Legal Foundation
Trustee

Southern Methodist University Law School
Member, Executive Board

American Bar Association House of Delegates
Delegate

American Bar Association
Member, Committee on Governance

American Bar Association
Member, Bar Activities and Services Committee

Dallas Bar Association
Former Secretary

Dallas Bar Association
Former Director

Dallas Bar Association
Former Vice Chair of Board

Dallas Bar Association
Former Vice-President, Activities

Dallas Bar Association
Former Vice-President, Administrative

Southwestern Methodist University School of Law
Former Member, Dean Search Committee [And you thought good pastors were hard to get!]

State Bar of Texas
Former Member, Administration of Justice Committee

State Bar of Texas, 1986 - 1989
Director

State Bar of Texas
Former Member, Fact Finding Committee

State Bar of Texas
Former Member, Directors Orientation Committee

State Bar of Texas
Former Member, General Counsel Advisory Committee [Ethics stuff]

State Bar of Texas
Former Chair, Goals and Implementation Committee

State Bar of Texas
Former Member, Litigation Section Council [Council, as in group of folks, not legal counsel; she obviously has some meaningful litigation experience, which should translate to some degree as appellate experience, but I'm just not sure.]

State Bar of Texas
Former Vice Chair, Antitrust Section Council [Antitrust is a big theme in her career. Could be good, could be bad. She is going to be, I think, naturally biased toward an expansive view of the commerce clause. This WOULD BE, IF TRUE, antithetical to a Rehnquist/Scalia/Thomas view.]

American Bar Association
Former Chair, Young Lawyers Division, Antitrust Subcommittee

American Bar Association
Former Co-Chair, Committee on Business Torts, Section of Litigation [Again, this could indicate a cut in either direction. Texas is notorious for its limitations on recovery in medical malpractice cases and designing their laws to protect HMO's. Was Ms. Miers a voice against that in the ABA? If so, would that, in turn, mean that she's more likely to oppose caps on recoveries as somehow a deprivation of due process? Hmmm...]

American Bar Association
Former Member, Consortium on Delivery of Legal Services to the Public [There are about 3 good lawyer jokes in that title alone, but I won't bother.]

Dallas Legal Services
Former Member, Board [Read: Legal Aid. I'm glad they're here, and they are needed, but does this show where her philosophical influences lie? They are mostly very liberal who are passionate about public legal aid. But, I do a lot of pro bono work, and I'm certainly no liberal. Just pointing out possibilities.]

Better Business Bureau
Director

Greater Dallas Chamber
Former Director, Executive Committee

Greater Dallas Chamber
Former Chair, Local Governmental Affairs Committee

Tyler Cabot Mortgage Securities Fund
Former Director

Capstead Mortgage Corporation
Director
[She directed two mortgage outfits. Very regulatory in nature. Could be bad news for those of us who are more libertarian.]

Young Women's Christian Association
Former Member, Board

Child Care Dallas
Former Member, Board

Community Council of Greater Dallas
Former Member, Board

Goodwill Industries of Dallas
Former Member, Board

Pioneer Bible Translators
Former Member, Board

EXODUS Ministry, Inc.
Former Member, Board

Community Council Meals on Wheels Task Force
Former Member

Legal Aid Society
Former Member

DISD Law Magnet High School
Former Member, Advisory Committee

Goals for Dallas
Former Chair, Higher Education Task Force

Women's Foundation of Dallas
Member

Women's Center of Dallas
Former Member, Advisory Committee

Dallas Police and Fire Pension Board
Former Trustee

Mayor's Task Force on Crime
Former Member

Ad Hoc Committee to Review City Budget Process
Former Member

1985 Dallas County Bond Election
Former Member, Steering Committee

Railtran Advisory Committee
Former Chair

Dallas Assembly
Member

Charter 100
Member

Dallas Bar Association, 1981
Chairman, Board of Directors

[Pause. This woman's goal was something else, not to be the brightest legal mind or a Supreme Court justice. She has a very political path laid out here. This causes me some amount of distrust. Academes, scholars, judges, and even attorneys whose experience is heavily federal form a worthy pool. This lady just looks ... lacking.]

Texas Supreme Court, 1994 - 1996
Member, Advisory Committee on Rules

American Bar Association
Chair, American Bar Association Journal Board of Editors

American Bar Association
Former Chair, Rules and Calendar Committee

American Bar Association
Chair, Committee on Credentials and Admissions

American Bar Association
Member, Committee on Election Law

American Bar Association
Former Co-Chair, Committee on Business Tort, Section of Litigation

American Bar Association
Former Chair, Young Lawyers Division, Committee on Antitrust

Attorneys Liability Assurance Society
Member, Board of Directors

Dallas City Council
Former At-Large Member

Dallas Bar Foundation
Former Trustee

American Bar Association
Former Member, Committee on Bar Activities and Services

American Bar Association
Former Member, Special Committee on Governance

Dallas Bar Association
Member

American Bar Association
Member

State Bar of Texas
Member

Past Employment Positions:

United States District Court, Northern District of Texas, Hon. Joe E. Estes, Law Clerk, 1970 - 1972

Belli, Ashe, Ellison, Choulos & Lieff, Law Clerk, 1969

City of Dallas, Judicial Nominating Commission, Chair

North Texas Commission, Board of Directors, Former Member

Locke Purnell Rain Harrell, President

Texas Lottery Commission, Chair

Birth Information:

1945, Dallas, Texas, United States of America

West Practice Categories:

Antitrust & Trade Regulation, Litigation & Appeals

Profile Last Updated:

11/18/2004

[Billy n NC]

Section from the resume above;


Goodwill Industries of Dallas
Former Member, Board

Pioneer Bible Translators
Former Member, Board

_____________________________-

EXODUS Ministry, Inc.
Former Member, Board

Rhut Ro.... Heard this mentioned on a talk show this AM.. They were asking .. " Is this the same organizations that bring Gays out of there lifestyles with a dose of Religon?"

If so what will this do for here nomination.....?

_____________________

Community Council Meals on Wheels Task Force
Former Member

Legal Aid Society
Former Member

[dolfan]

I followed up on that.

EXODUS is a post-release, anti-recidivism ministry for prisoners based in Texas. Their goal is to help prisoners adjust to life outside of prison and to minister to them in practical ways. I liked what I read.

www.exodusministriesinc.org

Also, Pioneer Bible Translators, I'd never heard of. They are a Tyndale type group in Dallas.

www.pioneerbible.org

[DeWayneTN]

It's just disappointing that we could have had a nominee without the guesswork, without the "blind trust." Bush and Cheney want us to "trust us." Cheney said today on Rush that in ten years, we'll know it's a good nominee and Rush said, "why not now? why do we have to wait ten years?" Those are my feelings. I feel like a huge conservative base helped get GWB elected and we have carried him on our backs through criticism of the war, high gas prices and a tough economy. The idea that he's sold us out is just extremely distressing. I hope I'm wrong but seriously my feelings today were probably the same as if he'd lost that November election.

[dolfan]

I'm with you, DeWayne, for the most part. I want Scalias on the court, too. I'll use abortion as the issue to illustrate my concerns.

I'm not looking for someone to overturn Roe v. Wade. I personally do not care if that issue never makes it before the court again. The issue is a political one, not a legal one. States can restrict abortion rights. They've not done a good job of it because instead of doing it to pass Constitutional muster, they've framed laws to answer to pro-life voters. These ideological approaches to problems that implicate Constitutional law are too often ill-conceived and over-reaching in the face of almost certain rejection before the Court. The underlying practical problem is a fundamental lack of understanding of our legal system. People demand what cannot be given, constitutionally. They are given what they demand, politically. And, their laws are rejected. The leaders who reject those laws are vilified, and the search goes on for people who will state the law in ways consistent with voters' political views. Now, this is, by definition, liberalism and its most vociferous proponents are Republicans.

True conservatism respects two things that are currently out of vogue when it comes to abortion: federalism and separation of powers. States will vary, but can regulate or unregulate (or somewhere in a gray middle) abortion, guns, property rights, etc. Republicans and right-wing Christians (and I mean that affectionately!) scream out, "Federal government do something about it." Well, federalism starts gasping for air then. Plus, when we demand judges who will apply the constitution in a certain manner with a certain philosophy, the very hoped-for isolation of judges from political considerations that was designed by the Framers begins to deteriorate. The balance of political power vs. constitiutional power not only tips toward the former, but the two become muddied altogether. Republicans wish, by and large, that the court would be required to overturn Roe v. Wade somehow, or that it would be so packed by the President and Senate with pro-life judges who would view the right to privacy through a pro-life/anti-abortion lens. Then, when that does/not happen, somebody on the political side screams "Foul!".

Separation of powers has its limits, by design. That is why there is a confirmation process and "advice and consent". But, the reach of the political into the constitutional must not impose itself into "matters of decision" or "rules of decision" to advance specific outcomes that the political will is not strong enough to self-activate through that body which responds first and always politcally --- Congress. If so, then the independence of the judiciary is in jeopardy, and to that extent, the vision of the Framers is, too.

There simply is no pretty way to make this beautiful constitutional system happen. That said, I would rather Bush had picked a proven quantity and taken the fight to the people, and I would rather that the people not demand of Bush or the Senate a court that will make law their most treasured pet views and values.

[MacUser]

I too wished for the fight.. but after today's press conference.. my confidence is renewed to trust this President on this. It was an hour long conference that was much needed. I actually think MORE of this in the coming days will be needed and is an excellent way to use the bully pulpit to cut the political chatter and get his message to the American people.

As in any leader at some point we have to trust and I'm going to give him that today.

I really believe that history will reveal that this modern President began the best processes of dealing with so many critcial decisions of our modern age. At this stage of the game.. I'm mighty proud we have BUSH in rather than the alternatives up for the position.