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HARRIET MIERS OUTSHINES BORK
MoonbatCentral.com ^ | October 4, 2005 | Richard Poe

Posted on 10/04/2005 3:20:22 PM PDT by Richard Poe

HARRIET MIERS OUTSHINES BORK

Unlike the Patron Saint of Originalism, Miers Will Defend Our Freedom


Judge Robert H. Bork has come to represent in many conservative minds the gold standard of legal sagacity against which provincial upstarts such as Supreme Court nominee Harriet Miers must be weighed.  In truth, however, Bork provides a poor example of conservative jurisprudence. Even as simple a phrase as, "the right of the people to keep and bear arms, shall not be infringed" has long confounded Judge Bork. Harriet Miers suffers no such confusion.

Following a July 1, 1992 incident in which a crazed gunman slew two lawyers and two judges in a Texas courtroom, Miers wrote in the Texas Lawyer, "How does a free society prevent a man from entering a courtroom and opening fire?" (hat tip, David Kopel)

The very liberties we hold dear, such as, "access to public places, the right to bear arms and freedom from constant surveillance" make such crimes possible, noted Miers. Yet, she concluded, "We are not willing to sacrifice these rights because of the acts of maniacs."

By contrast, Robert Bork dismisses the Second Amendment as a useless relic of bygone days.  In his 1996 book Slouching Towards Gomorrah he writes that, "The Supreme Court has consistently ruled that there is no individual right to own a firearm" — a statement which is demonstrably untrue. Bork also writes:

"The Second Amendment was designed to allow states to defend themselves against a possibly tyrannical national government. Now that the federal government has stealth bombers and nuclear weapons, it is hard to imagine what people would need to keep in the garage to serve that purpose.''

Perhaps if Judge Bork had found himself besieged by gangs in post-Katrina New Orleans, he might have gained a healthy appreciation for the utility of SKS rifles and AR-15s in modern life.  How much more would he have appreciated such hardware, had he found himself surveying the smoking ruins of an American city flattened by nuclear terror attack, devoid of police and swarming with brigands.

But Judge Bork is one of those men who cannot "imagine" what he has not personally experienced.  And so the "brilliant" jurist discarded James Madison's handiwork as casually as he would a soiled Kleenex.

If this is brilliance, how exactly should we define stupidity?

In today's American Thinker, Thomas Lifson exposes the snobbery which underlies so many conservative denunciations of Harriet Miers. He writes:

"Thus we hear conservatives sniffing that a Southern Methodist University legal education is just too non-Ivy League, adopting a characteristic trope of blue state elitists. We hear conservatives bemoaning a lack of judicial experience, and not a single law review article in the last decade as evidence of a second rate mind."

The outrage certain conservative pundits have displayed in the face of President Bush's decision to elevate Harriet Miers over their Ivy League classmates may be understandable. But it is not helpful. Nor is it admirable.


TOPICS:
KEYWORDS: banglist; harrietmiers; judicialnominees; richardpoe; robertbork; scotus
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To: Richard Poe

I agree that lack of an Ivy League education etc. is a criticism that is not worthy of respect. However, should not reasonable criticism of Miers be allowed? Just as there are reasonable defenses of her?


41 posted on 10/04/2005 4:06:02 PM PDT by nickcarraway (I'm Only Alive, Because a Judge Hasn't Ruled I Should Die...)
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To: GeorgeW23225
I'm becomming more and more convinced that some FReepers are narrow minded, and suffer from tunnel vision. They'd also turn against their own Mothers in a New York minute

You should have been here the day Bush picked Cheney for his VP; you think this was bad? Huh, it's nothing compared to THAT day.

42 posted on 10/04/2005 4:08:03 PM PDT by Howlin
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To: GeorgeW23225

I don't understand the "fight" thing either; lots of BLOODLUST on FR these last few days.


43 posted on 10/04/2005 4:08:40 PM PDT by Howlin
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To: Carry_Okie

Wouldn't the Second Ammendment offer protection to a citizen of a states whose representatives wanted to take guns out of citizens hands?


44 posted on 10/04/2005 4:09:52 PM PDT by nickcarraway (I'm Only Alive, Because a Judge Hasn't Ruled I Should Die...)
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To: dirtboy
I do like the fact that she wrote that as part of an article on the Texas Bell Tower massacre. That would have been a time when it would have been easy to be swayed by emotion. It sounds like she was not swayed.

She would not have been my first pick but she might turn out to be a good one.

The more I learn about her the better she does sound.

45 posted on 10/04/2005 4:10:22 PM PDT by Harmless Teddy Bear (Machina improba! Vel mihi ede potum vel mihi redde nummos meos!)
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To: Richard Poe

Good find. I am liking Harriet Miers better the more I learn about her. President Bush has made a good choice for the Supreme Court.


46 posted on 10/04/2005 4:12:10 PM PDT by advance_copy (Stand for life, or nothing at all)
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To: Richard Poe

Wow! Good find. Thank you for posting it.


47 posted on 10/04/2005 4:14:46 PM PDT by proud American in Canada
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To: Steve_Seattle
Someone else finally noticed that Bork is very weak on the 2nd Amendment, and also discovered that Miers apparently isn't.

The lady is from Texas after all. ;)

48 posted on 10/04/2005 4:16:56 PM PDT by proud American in Canada
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To: Double Tap
Man, I feel better about this every hour. Thanks for the link to Kopel's article

I feel the same. Quite discouraged yesterday and early this morning, but not anymore.

Can't wait for the confirmation hearings.

49 posted on 10/04/2005 4:18:46 PM PDT by proud American in Canada
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To: nickcarraway
Wouldn't the Second Ammendment offer protection to a citizen of a states whose representatives wanted to take guns out of citizens hands?

Now that we have the 14th Amendment, if you believe in the full incorporation of the Second Amendment, then the Federal government has the power to over-ride ANY State law to enforce the Bill of Rights and the answer would be yes.

If you don't belive that the 14th gives the Feds powers to enforce the BOR against the States, the answer would be no.

That's the problem with the 14th. If you want Federal protection, you have to accept the perils including the way they have enforced the establishment clause against the States.

50 posted on 10/04/2005 4:18:54 PM PDT by Carry_Okie (The fourth estate is the fifth column.)
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To: dirtboy
Thomas is the gold standard.

Yes, he is, and as someone else reminded me, he, too was criticized as being "unqualified."

51 posted on 10/04/2005 4:21:01 PM PDT by proud American in Canada
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To: Richard Poe
Miers will fool 'em all. YES...She'll be another souter except, she'll be a HARD RIGHT version...we'll have a justice, we've all dreamed and hoped for...LOL

Brit Hume had an old colleague of hers on; she was 25yrs old when he knew her...she was a REPUBLICAN and extremely CONSERVATIVE...from the mouth of Martin Frost, an X Congressman from Texas and a dembo. He said she's soft spoken but the senators should never think they can roll over her...she'll eat 'em up if they try.

52 posted on 10/04/2005 4:29:29 PM PDT by shield (The Greatest Scientific Discoveries of the Century Reveal God!!!! by Dr. H. Ross, Astrophysicist)
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To: Richard Poe

Thank you for posting this. This sort of writing on her part affords a much better view of her views than any of the media frenzy.


53 posted on 10/04/2005 4:31:04 PM PDT by Ingtar (Understanding is a three-edged sword : your side, my side, and the truth in between ." -- Kosh)
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To: Max_Parrish
Self esteem causes crime? Hope? Lack of health care?

She's nominated to be an Associate Justice, not a Senator or Representative.
54 posted on 10/04/2005 4:39:42 PM PDT by Terpfen (Bush is playing chess. Remember that, and stop playing checkers.)
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To: Richard Poe

When she starts getting hammered by the MSM and the lefty pressure groups and then the lefty senators we will find out what she is really like .


55 posted on 10/04/2005 4:43:22 PM PDT by uncbob
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To: Plutarch
"...one of Borks many achievements not shared by Harriet Miers."

And he can write his name in the snow, too.
56 posted on 10/04/2005 4:44:46 PM PDT by decal (Mother Nature and Real Life are conservatives; the Progs have never figured this out.)
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To: Max_Parrish

You took the words out of their context. She was talking about individuals in society needing to help others who have problems, troubles and cannot seem to function normally. SHE WAS NOT TALKING ABOUT JUDGES, COURTS, POLICE, THE LAWS ETC.


57 posted on 10/04/2005 4:49:06 PM PDT by txrangerette
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To: ladyinred; BeHoldAPaleHorse; GeorgeW23225

I've recently noticed a lot of Freepers being critical, if not intolerant, of fellow Freepers who criticize or dissent from President Bush. Do you guys want to squash:

a. all of those criticisms
b. the ones you don't agree with
c. the ones that aren't based on valid arguments


58 posted on 10/04/2005 4:58:47 PM PDT by ConservativeAgenda (Don't rely upon others to stand up for what you believe is right!)
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To: Richard Poe; All

Good for you, Mr. Poe. I have read "Slouching Towards Gomorrah", and that particular remark about the Second Amendment that he made rubbed me the wrong way, too. Bork is not perfect. He was right about many things, but the right to keep and bear arms is not his strong suit.

At this point, I have no problem with Bush's pick. There are other things that the president could be doing better with, but this is not one of them. If anything, the administration waited far too long before trying to clear things up.


59 posted on 10/04/2005 5:01:36 PM PDT by AZ_Cowboy ("Be ever vigilant, for you know not when the master is coming")
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To: GeorgeW23225
Harriet Miers was an even MORE brilliant choice than John Roberts. Too bad some FReepers are too stupid to notice!!

Brilliant? It is not brilliant to get your side more upset with you than the other side - unless you are dim-witted.
60 posted on 10/04/2005 5:05:17 PM PDT by safisoft (Give me Torah!)
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