I wanted to get into the habit of analyzing constitutional Supreme Court cases on this blog, as I have done in the past, for a couple of reasons: (1) it interests me; and (2) as part of my job, it has fallen upon me to write — once a year — a summary of leading constitutional law cases for use … Read More
Founding Fathers Would Reject Miers
Miers, we’re told, is an "originalist", someone who believe we ought to follow the intentions of the founding fathers who authored and advocated the passage of the Constitution. That’s a problem . . . for Meirs. Here’s what founding father Alexander Hamilton wrote in Federalist No. 76, in which he discusses why the Constitution gave the U.S. Senate the power … Read More
Dobson’s Secret
I admit, I was a little shaken when I read (well, heard, initially) that religious icon James Dobson (Focus on The Family) said this when coming out in support of Supreme Court Nominee Harriet Miers: Some of what I know I am not at liberty to talk about. Publius has the right response: SUBPOENA DOBSON Well, Mr. Dobson, if you … Read More
Stupid Quote Of The Day
Captain’s Quarters on Harriet Miers: Inasmuch as a nomination to the Supreme Court has no prerequisites other than Presidential approval, she cannot be described as unqualified. Other than Presidential approval, there are no prerequisites for FEMA director either, but that doesn’t make Bush’s selection qualified for that position.
Down in ‘Bama
Judge Roy Moore, the former Alabama Supreme Court judge who defied federal court orders to remove the Ten Commandments from the Alabama Supreme Courthouse (so he was removed himself), is now running for Alabama governor. Garnering less attention in the election to fill his spot in the Alabama Supreme Court. Here’s the Republican candidate: Tom Parker, Republican candidate for the … Read More
As My Mother Says….
"Oh, that man!"* Bush gave a press conference: "I’ve known her long enough to know she’s not going to change,…" Wait. I thought 9/11 changed everything. ….that 20 years from now she will be the same person with the same judicial philosophy she has today," Bush said. Call me crazy, but I don’t hold much stock in one’s judicial philosophy … Read More
Okay. Now What?
We on the left have had fun the past couple of days watching the rightosphere tar-and-feather Bush over his Supreme Court nominee, Harriet Myers. But ultimately, we have to decide: Do we support her, or do we reject her (knowing that a rejection might mean we get a non-stealth candidate who is qualified, but clearly in the Scalia mold)? Many … Read More
Jonah Goldberg on Harriet Miers
This is what Jonah Goldberg at the Corner is saying: Dobson was on Fox last night defending Miers on the grounds she’s an evangelical Christian. It seems entirely possible and plausible to me that Bush had this as much in his mind as her inner-circle status. Well, I don’t know how true this is. She’s religious, but evangelical? But fine. … Read More
Miers Updates
* The mainstream media has had the story line: This Reuters article was originally titled "Bush Pick For High Court Outrages Conservatives". It’s been watered down a little (conservatives are now just "wary"). * Powerline speculates a deal with Dems: Check out the NARAL and PFAW web sites. Nothing but bland press releases adopting a wait-and-see attitude. What did happen … Read More
On Harriet Miers
I really don’t get it. Did Bush learn nothing from the Mike Brown/FEMA flap? I’m sure Harriet Miers is a nice person. But what is it with this administration appointing people to high positions just because they are nice people — people that you would want to have a beer with? Or, in Ms. Miers case, tea? This is the … Read More
The Iron-What’s-Her-Face and Tom Delay
Mmmm. This is an interesting turn of events: A DOCUMENT linking Margaret Thatcher to a US corruption probe is so explosive civil servants have been asked to ensure it remains "sealed". The 79-year-old former Premier is said to have met Congressman Tom DeLay in Britain while he was on a suspected favours-for-freebies scam. In return for his free holiday, DeLay … Read More
Constance Baker Motley, 1921-2005
From the NY Times: Constance Baker Motley, a civil rights lawyer who fought nearly every important civil rights case for two decades and then became the first black woman to serve as a federal judge, died yesterday at NYU Downtown Hospital in Manhattan. She was 84. The cause was congestive heart failure, said Isolde Motley, her daughter-in-law. Judge Motley was … Read More
Pardon Me
Here are 14 people that Bush pardoned yesterday — the day when Delay got indicted. They include 4 drug dealers. Probably not the best timing. Speaking of crime, Bill Bennett posed an interesting solution: But I do know that it’s true that if you wanted to reduce crime, you could — if that were your sole purpose, you could abort … Read More
Unfurl Those Flags: Newdow’s Back!
Michael Newdow is back in the news. You may remember him as the guy who challenged the constitutionality of the Pledge of Allegiance, arguing that it compelled his daughter to invoke a religious incantation ("under God"). Even though he won in the lower courts, he ultimately lost in the Supreme Court, but only on the issue of standing (since he … Read More