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Antonin Scalia Defends Miers
Newsmax ^ | 10/9/5

Posted on 10/09/2005 9:10:09 AM PDT by Crackingham

In an interview set for broadcast on Monday, leading conservative Supreme Court Justice Antonin Scalia appears to be defending Harriet Miers against critics who say she doesn't have the qualifications to sit on the High Court.

"I think it's a good thing to have people from all sorts of backgrounds [on the Court]," Scalia tells CNBC's Maria Bartiromo, as the debate rages over Miers' lack of judical experience.

Without mentioning the Bush nominee by name, the conservative legal icon said that the High Court needed someone who had never served as a judge to take the place of the late Chief Justice William Rehnquist.

"There is now nobody with that [non judicial] background after the death of the previous chief," Scalia laments to Bartiromo.

"And the reason that's happened, I think, is that the nomination and confirmation process has become so controversial, so politicized that I think a president does not want to give the opposition an easy excuse [to say] 'Well, this person has no judicial experience.'" Scalia concludes: "I don't think that's a good thing. I think the Byron Whites, the Lewis Powells and the Bill Rehnquists have contributed to the court even though they didn't sit on a lower federal court."


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: antoninscalia; endorsement; harrietmiers; miers; scalia; scotus; supremecourt
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To: Crackingham

Strange Question: Is there any law against conferring with sitting conservative judges regarding nominations?


41 posted on 10/09/2005 9:31:55 AM PDT by pollyannaish
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To: verity; NormsRevenge

Either that or the Scalia doesn't know what he is talking about and blahhhhhh....

popcorn GOOD!!


42 posted on 10/09/2005 9:32:03 AM PDT by MikefromOhio (Just confirm Miers so that FR can have a REAL meltdown. Yes I have popcorn ready.)
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To: Crackingham

You seriously think he would say anything negative about her if he thought he was going to have to work with her for the rest of his time on the bench?


43 posted on 10/09/2005 9:32:25 AM PDT by jdhljc169
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To: jdm
Scalia is therefore talking about John Roberts and defending his position as CJ on the SC -- not Harriet Miers. This appears to be a take on Roberts, not Miers.

Uh, excuse me, but Judge Roberts came from the Court of Appeals. It is definitely not him whom Scalia was referring to.

44 posted on 10/09/2005 9:32:32 AM PDT by ContraryMary
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To: verity; MikeinIraq

at least he didn't say we needed to look for judicial talent offshore.. like some justices might.. ;-)


45 posted on 10/09/2005 9:33:38 AM PDT by NormsRevenge (Semper Fi ... Monthly Donor spoken Here. Go to ... https://secure.freerepublic.com/donate/)
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To: paudio
Fair enough. But why wouldn't the sentence, then, instead, read:

"... the conservative legal icon said that the High Court needed someone who had never served as a judge to take the place of the late Chief Justice William Rehnquist. Sandra Day O'Connor."

That would be more accurate, IMO. After all, Miers is not going to be Chief Justice, as was Rehnquist.

46 posted on 10/09/2005 9:33:47 AM PDT by jdm
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To: Battle Hymn of the Republic

Why does everybody think that others (Reid, Bork, Scalia) have some bit of secret information? The only one who might is the president.


47 posted on 10/09/2005 9:34:34 AM PDT by AmishDude (Proud inventor of the term "Patsies". Please make out all royalty checks to "AmishDude".)
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To: jdm
It's called sarcasm.
48 posted on 10/09/2005 9:34:35 AM PDT by Do not dub me shapka broham ("We don't want a Supreme Court justice just like George W. Bush. We can do better.")
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To: Reactionary
Scalia concludes: "I don't think that's a good thing. I think the Byron Whites, the Lewis Powells and the Bill Rehnquists have contributed to the court even though they didn't sit on a lower federal court

What does he know, he's not a self appointed Conservative god!!

Pray for W and Harriet Miers

49 posted on 10/09/2005 9:35:16 AM PDT by bray (Islam IS a terrorist organization)
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To: jdm

Curiously, I can't find another source for these quotes. They somehow sound familiar, however.


50 posted on 10/09/2005 9:36:08 AM PDT by neutrality
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To: JCEccles
Miers is not of this caliber. Not even close.

Ah, the IQ test administrator again.

Prove this.

51 posted on 10/09/2005 9:36:10 AM PDT by AmishDude (Proud inventor of the term "Patsies". Please make out all royalty checks to "AmishDude".)
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To: jdm

"Without mentioning the Bush nominee by name, the conservative legal icon (Scalia) said that the High Court needed someone who had never served as a judge to take the place of the late Chief Justice William Rehnquist."



...Scalia is therefore talking about John Roberts and defending his position as CJ on the SC -- not Harriet Miers. This appears to be a take on Roberts, not Miers.

.......................
It appears to me that you can't follow logic when reading what was quoted. The article specifically mentions three justices that have sat on the court without prior judicial experience. The reference to Rehnquist is that he is the last one and is now gone, thus someone without the judicial experience would be good to have to replace the void left by Rehnquist.....

Roberts had judicial experience don'tcha know.


52 posted on 10/09/2005 9:36:33 AM PDT by deport
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To: Stellar Dendrite

I see you've already had a big cup of Making Sense this morning!


53 posted on 10/09/2005 9:36:50 AM PDT by DTogo (I haven't left the GOP, the GOP left me.)
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To: Reactionary; Crackingham

<< This can't be good. We all no that Bush's lawyer is a closet feminist, Marxist, and liberal. >>

Throw in a slosh of fiscal irresponsibility, a cup of 'compassionate' and a dash of disdain for America's sovereign borders, language and culture and lotsa folks'll reckon you're talking about her boss.

/snicker snicker


54 posted on 10/09/2005 9:36:51 AM PDT by Brian Allen (Patriotic [Immigrant] AMERICAN-American by choice - Christian by Grace)
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To: Do not dub me shapka broham; jdm; You Dirty Rats
he is not commenting on her specific abilities - either way. its just a general comment.

But a lot of the criticism being directed against her is on the grounds that she hasn't been a judge, and is just a commercial litigator without Constitutional experience. You could search every thread here criticizing Miers, and you'd see that particular criticism running rampant. It's one of the pillars of the opposition to her.

Scalia is saying that particular criticism is off base. That having someone who has not been a judge and has instead been a practitioner is actually a good thing. There are a variety of reasons this is correct if you're at all familiar with e-discovery and some of the big issues affecting commercial litigation in his country.

So while Scalia's statement is not an endorsement of Miers in particular, it is an explicit rejection of one of the primary arguments advanced against her.

55 posted on 10/09/2005 9:38:03 AM PDT by XJarhead
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To: jdm
Fair enough. But why wouldn't the sentence, then, instead, read:

"... the conservative legal icon said that the High Court needed someone who had never served as a judge to take the place of the late Chief Justice William Rehnquist. Sandra Day O'Connor."

That would be more accurate, IMO. After all, Miers is not going to be Chief Justice, as was Rehnquist.

You're misreading it. He's referring to the fact that Rehnquist was the last sitting member of the Court to come to the Court without a prior judicial background; he's not talking about replacing an individual justice.

56 posted on 10/09/2005 9:40:00 AM PDT by ContraryMary
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To: Crackingham

It sounds to me as if this interview was taped between Rehnquist's death and Bush's announcement that he would nominate Roberts for the CJ spot instead of O'Connor's seat.


57 posted on 10/09/2005 9:40:12 AM PDT by maryz
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To: deport

"The reference to Rehnquist is that he is the last one and is now gone, thus someone without the judicial experience would be good to have to replace the void left by Rehnquist....."

And the Rehnquist void is being filled by Judge John Roberts, who has judicial experience.


58 posted on 10/09/2005 9:40:13 AM PDT by jdm
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To: jdm
I disagree.

Reinquist was the Chief Justice. Roberts replaces him in that regard.

Reinquist was also the judge on the Supreme Court without prior experience as a judge. Miers will replace him in that regard.

Scalia is particular pointing out issues in regard to the advantages of having judges on the Supreme Court who were not judges before. So he is directing his remarks more at Miers than Roberts.

Furthermore, it is Miers that is the controversy this week, not Roberts. Roberts is already seated, without serious controversy, and presumably Scalia is happy with that state of affairs. There is no controversy there for Scalia to address, and almost certainly he has no motivation to be stirring one up over Roberts, either.

59 posted on 10/09/2005 9:40:24 AM PDT by ThePythonicCow (To err is human; to moo is bovine.)
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To: Do not dub me shapka broham
Please give us some reasons to hate HM/Bush as much as you do. So far it has been nothing more than Michael Mooronish temper tantrums. Give us some real reasons why a Lawyer is not qualified. Hint: go to the Constitution!

Pray for W and Harriet Miers

60 posted on 10/09/2005 9:41:39 AM PDT by bray (Islam IS a terrorist organization)
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