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The Miers Testimony (WSJ/James Taranto)
Wall Street Journal ^ | 10-13-2005 | James Taranto

Posted on 10/13/2005 1:39:16 PM PDT by Stellar Dendrite

President Bush last week expressed his confidence in the constancy of Supreme Court nominee Harriet Miers, saying that "20 years from now she'll be the same person, with the same philosophy," as she is today. White House aides making the case for Miers, meanwhile, have been insisting that she is a reliable conservative. Since she has no judicial record and has had little to say about constitutional law, we can only guess at what her judicial philosophy might be, if indeed she has one at all. But if she is a political conservative, then she has not remained constant over the past 20 years.

We base this on a look at her testimony in Williams v. Dallas, a voting-rights case from 1989, when Miers was an at-large member of the Dallas City Council. Read over it and the impression that emerges is of a left-leaning centrist, not a conservative. (The testimony is here, as a five-megabyte PDF file, but we're not 100% confident that our server will be able to handle it. If it disappears, check back here for a new link as soon as we're able to provide one.)

(Excerpt) Read more at opinionjournal.com ...


TOPICS: Front Page News; Politics/Elections
KEYWORDS: antibush; harrietmiers; miers; scotus; souter2
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1 posted on 10/13/2005 1:39:24 PM PDT by Stellar Dendrite
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To: ARealMothersSonForever; NixonsAngryGhost; indcons; 2ndreconmarine; Stellar Dendrite; nerdgirl; ...

ping


2 posted on 10/13/2005 1:40:14 PM PDT by Stellar Dendrite ( Mike Pence for President!!! http://acuf.org/issues/issue34/050415pol.asp)
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To: Stellar Dendrite

More hatred from another stealth leftist. </s>


3 posted on 10/13/2005 1:49:01 PM PDT by oblomov
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To: Stellar Dendrite

Why were we supposed to believe she is conservative, again?


4 posted on 10/13/2005 1:50:15 PM PDT by thoughtomator
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To: Stellar Dendrite
The wingniuts going nutzo, and before you scream and call for my banning, it was Drudge who called Free Republic the home of the wingnuts in a Howard Kurtz/Wash Post column.

The circle has come full circle.

5 posted on 10/13/2005 1:50:59 PM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Stellar Dendrite

This is BS, Miers will never change. Never mind that she went from being a Gore-supporting Catholic Democrat to a Bush-adoring evangelical Republican in the past 20 years ... she'll never change again!


6 posted on 10/13/2005 1:51:09 PM PDT by JohnnyZ ("I believe abortion should be safe and legal in this country" -- Mitt Romney)
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To: thoughtomator
Why were we supposed to believe she is conservative, again?

Uh that two years later she stated in a speech that the 2nd amendment is an individual right, unlike rock star judge to the elite who called it an anarchorism.

7 posted on 10/13/2005 1:52:48 PM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Dane

i wasnt the one who said that you should be, that was another freeper, inquest i believe.

i want you around for entertainment purposes.


8 posted on 10/13/2005 1:54:27 PM PDT by Stellar Dendrite ( Mike Pence for President!!! http://acuf.org/issues/issue34/050415pol.asp)
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To: Dane

Apparently that isn't inconsistent with being a racist and a sexist, two charges that are very unfortunately quite substantial on the same record that allegedly establishes her as pro-2nd.


9 posted on 10/13/2005 1:55:26 PM PDT by thoughtomator
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To: JohnnyZ

Did you see where she sent an American greetings card to then Gov. Bush. Time for a special prosecutor according to the right wing media elite.


10 posted on 10/13/2005 1:55:37 PM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Stellar Dendrite

"...her declaration that she had refrained from joining "politically charged" organizations like the Federalist Society, even though she had been a member of the liberal Progressive Voters League. When the lawyer questioning her asked if the NAACP (of which she was not a member) was "in the category of organizations you were talking about"--i.e., "politically charged"--she answered "no."

This was in 1989 - just 16 years ago. Now her supporters claim that she's a conservative. If she can change that much in 16 years, what's to stop her from changing back over the course of the next 16 years?

Answer: Nothing.


11 posted on 10/13/2005 1:55:44 PM PDT by Parmenio
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Comment #12 Removed by Moderator

To: Stellar Dendrite
She's going "to grow" on the bench.

She's going to become a lefty FOR SURE.

13 posted on 10/13/2005 1:58:17 PM PDT by gaijin
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To: Eich_man

I dont like your user name, hmm a Newb with a Nazi Name? Sniff Sniff


14 posted on 10/13/2005 1:59:22 PM PDT by aft_lizard (This space waiting for a post election epiphany it now is: Question Everything)
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To: Parmenio
This was in 1989 - just 16 years ago. Now her supporters claim that she's a conservative. If she can change that much in 16 years, what's to stop her from changing back over the course of the next 16 years?

Ronald Reagan was an FDR democrat and he never changed back.

BTW, I am glad this she was nominated since it has exposed the utter hubris, elitism, and vindictiveness of the so-called "true conservatives".

And you all have "wing-nut" Drudge egging you on.

15 posted on 10/13/2005 2:01:09 PM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Stellar Dendrite

I guess this answers the question, "What kind of person would John Kerry appoint to the Supreme Court?"


16 posted on 10/13/2005 2:03:42 PM PDT by msnimje (14-Day Free Trial into Monthly Subscription to Times Select, $7.95)
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Comment #17 Removed by Moderator

To: Dane

Reagan was Reagan. Who is Harriet Miers?


18 posted on 10/13/2005 2:06:26 PM PDT by Parmenio
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To: aft_lizard; Eich_man

I'm guessing it's meant to be ironic. Not really the most tasteful of choices, but hey, I'm not an admin here.


19 posted on 10/13/2005 2:07:11 PM PDT by thoughtomator
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To: Dane

The Democrat party that Reagan left was politically to the right of the current GOP. They spent less and were more faithful to America. Sad, ain't it.


20 posted on 10/13/2005 2:08:43 PM PDT by thoughtomator
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To: aft_lizard

Not only a Nazi name....Noontide press (referred to in his tagline) is a Willis Carto affiliated Neo-Nazi/Holocaust revisionist publisher.


21 posted on 10/13/2005 2:09:55 PM PDT by oblomov
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To: Parmenio
Reagan was Reagan.

And Reagan was also a union President, but that didn't stop him from shutting down PATCo(the air traffic controllers).

22 posted on 10/13/2005 2:10:43 PM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Dane
And Reagan was also a union President, but that didn't stop him from shutting down PATCo...

So Harriet Miers who argued in favor of affirmative action as a Dallas Council member and just recently as a White House staffer, is going to rule against it as a judge? Doesn't make sense to me.

23 posted on 10/13/2005 2:20:41 PM PDT by Parmenio
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To: oblomov
Good catch!

Conservatives may vehemently disagree on the Miers nomination, but we'll stick together when someone makes statements and has a tagline like Eich_Man's.

24 posted on 10/13/2005 2:22:38 PM PDT by auboy ("Don't get stuck on whiny")
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To: Parmenio

Sigh....if you try to use thought or logic, you'll never make it as a Bushbot. You just have to keep repeating to yourself over and over again "I trust the President. Having doubts is disloyal. Just ignore what's in front of your face and trust." If you say it often enough all the blood drains from your brain and it all starts to make perfect sense.


25 posted on 10/13/2005 2:23:48 PM PDT by MarcusTulliusCicero
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To: Dane

Big differences between Reagan's conversion and (possibly) Miers':

1. Reagan faced the voters every four years.
2. Reagan was very public with his conservative politics.


26 posted on 10/13/2005 2:26:48 PM PDT by GoCats880
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To: Stellar Dendrite

Here's the message I sent Taranto in response to this column:




Dear BOTW:

Even more damning than the substance of the wobbly opinions expressed by Miers as documented in today's BOTW is their form. So poor is her written and oral expression that they would have to improve significantly to be considered mediocre, to wit:

"the lack of pay was a disadvantage to the ability of people to serve." - She presumably meant "disincentive."

"I have supported the maternal nurse care that was eliminated, be restored." Awkward and poorly constructed.

"The day-care money that was deleted I have asked be restored because they principally benefit women and minorities in my view." Singular "money," plural "they."

"The construction of housing that was large in number, close together, close to the street where there wasn't a place for children to play or really just seemed so compact that it didn't seem like it was planned properly to provide the kind of environment where people could really exist and have much of an existence." - Housing that was "large in number"? Also: error in parallel construction, redundant, etc.

As I'm sure you know, in his NY Times column today David Brooks exposed other examples of Miers' painfully incompetent writing.

Elitism charges be damned, I'll say it: Harriet Miers manifestly lacks the intellectual ability necessary to be a Justice of the Supreme Court of the United States.

Sincerely,


27 posted on 10/13/2005 2:36:31 PM PDT by governsleastgovernsbest (check out my posts on Today show bias at www.newsbusters.org)
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To: Dane

Reagan came out and boldly proclaimed his conversion, skewering big government, social security, medicare and US foreign policy. When did Harriet ever make any public statement in support of any controversial conservative position?


28 posted on 10/13/2005 2:37:06 PM PDT by Don'tMessWithTexas
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To: msnimje

lol!


29 posted on 10/13/2005 2:42:32 PM PDT by Stellar Dendrite ( Mike Pence for President!!! http://acuf.org/issues/issue34/050415pol.asp)
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To: aft_lizard; cyncooper; sinkspur; Dane; MNJohnnie; Nita Nupress; EllaMinnow; GraceCoolidge; ...
Her description of her own positions on the City Council suggests that she was far less conservative than the White House would have its supporters on the right believe. She endorsed such fashionable liberal causes of the 1980s as divestment from South Africa (page 47) and the activities of a "Homeless Task Force" (page 49). She also recounts her efforts on behalf of welfare spending (page 49):

I have strongly advocated the restoration of the $200,000 dental program as a model program in terms of public partnership. I have supported the maternal nurse care that was eliminated, be restored. The day-care money that was deleted I have asked be restored because they principally benefit women and minorities in my view.

On the other hand, she says she opposed the formation of a "Police Review Board," even though according to the questioning lawyer it "was supported by at least a majority of the voters in the African-American community," because, she says, "I do intend to vote based on the best interests of the entire community" (page 48).

30 posted on 10/13/2005 2:42:50 PM 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: auboy

Yes, absolutely... Conservatives still agree on basic principles, and we MUST stick together despite our occasional disagreements.


31 posted on 10/13/2005 2:45:12 PM PDT by oblomov
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To: Parmenio
Harriet Miers who argued in favor of affirmative action as a Dallas Council member

got a link?

32 posted on 10/13/2005 2:46:02 PM PDT by Theophilus (Save Little Democrats, Stop Abortion)
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To: Stellar Dendrite
There was once Harriet lawyerette,
Who by sixty would not marry yet,
She sucked up to royalty,
Who did reward her loyalty,
Appointing suffragette to join the SC octet!

33 posted on 10/13/2005 2:48:58 PM PDT by Revolting cat! ("In the end, nothing explains anything!")
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To: governsleastgovernsbest
Harriet Miers manifestly lacks the intellectual ability necessary to be a Justice of the Supreme Court of the United States.

If the quotes in your post are truly hers, then I'm starting to be swayed.

34 posted on 10/13/2005 2:50:00 PM PDT by Theophilus (Save Little Democrats, Stop Abortion)
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To: Theophilus

" got a link?"

http://www.freerepublic.com/focus/f-news/1502009/posts


35 posted on 10/13/2005 2:55:01 PM PDT by adam_az (It's the border, stupid!)
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To: Theophilus
If the quotes in your post are truly hers, then I'm starting to be swayed.

They are indeed. They are verbatim out of the Taranto column posted on this thread.

36 posted on 10/13/2005 2:59:57 PM PDT by governsleastgovernsbest (check out my posts on Today show bias at www.newsbusters.org)
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To: governsleastgovernsbest; Theophilus

Given her poor grammar, poorly constructed arguments, and her potential for "growth" evident in the documents Taranto cites, we can count on the MSM to come to her defense any moment now.


37 posted on 10/13/2005 3:03:42 PM PDT by oblomov
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To: thoughtomator

Because it is 2005, not 1989, and she says she's a conservative, and those who know her say so, and there is no evidence that she IS NOW A CONSERVATIVE.

You know, at one time she was a baby, and couldn't even feed herself or talk. Why would we want someone like THAT on the court?


38 posted on 10/13/2005 3:05:32 PM PDT by CharlesWayneCT
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To: Parmenio

The NAACP wasn't the same in 1989 as it is today.

Was Thomas ever a member of the NAACP?


39 posted on 10/13/2005 3:07:16 PM PDT by CharlesWayneCT
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To: oblomov; Theophilus

I donned my flame-retardant suit after posting my letter to Taranto on this thread, but have been pleasantly surprised by the two responses to it so far!

I have to wonder if the people responsible for vetting Miers ever read this stuff. How could they possibly not have realized what an embarrassment it would be?


40 posted on 10/13/2005 3:07:39 PM PDT by governsleastgovernsbest (check out my posts on Today show bias at www.newsbusters.org)
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To: governsleastgovernsbest

Conservatives dont like OUIJI BOARD sup picks.


41 posted on 10/13/2005 3:10:42 PM PDT by samadams2000 (Nothing fills the void of a passing hurricane better than government)
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To: Parmenio
Reagan was Reagan. Who is Harriet Miers?

Ironic, I think, that some of the same beltway elites who are dumping all over Miers are the same ones who held their noses at RR back in the 70s. No national experience --- a B-Grade actor, intellectual light weight, affable dunce, "divorced," tut, tut, tut......

42 posted on 10/13/2005 3:16:19 PM PDT by Ditto ( No trees were killed in sending this message, but billions of electrons were inconvenienced.)
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To: governsleastgovernsbest; Theophilus

They are her words, but they are not writings. They are testimony. They are not prepared testimony, but are answers to questions.

One could imagine that a lawyer who filed briefs with appelate courts has the capacity for better communication than what is found in this transcript of testimony.

If you want to say that you hope she would be able to answer questions better on her feet, I will support that, except that this was 16 years ago, so I think I'd rather see how she does in the committee hearings.

I read the opinion columns Brooks referenced. He suggested that they were legal writing, and that they weren't well-written legal writing.

But they were not legal briefs. They were messages from the head of an organization to its members in a newsletter, and that is how they were written. They were folksy, personal, and effusive. They were exactly what you would expect. There was nothing wrong with them, at least the 8 that I read.


43 posted on 10/13/2005 3:16:28 PM PDT by CharlesWayneCT
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To: Victoria Delsoul

Miers Ping #2.


44 posted on 10/13/2005 3:33:48 PM PDT by Alberta's Child (I ain't got a dime, but what I got is mine. I ain't rich, but Lord I'm free.)
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To: governsleastgovernsbest

Wow! THAT's how she writes???

AMEN!


45 posted on 10/13/2005 3:34:37 PM PDT by meema (I am not an elitist, and have been a conservative traditional Republican all my life.)
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To: Stellar Dendrite

bttt


46 posted on 10/13/2005 3:34:42 PM PDT by Shalom Israel (Pray for the peace of Jerusalem.)
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To: JohnnyZ

Eh....Ahem.....15 years or less is more like it. She was still a very active Dimocrat in 1990.


47 posted on 10/13/2005 3:43:46 PM PDT by indcons (Let the Arabs take care of their jihadi brothers this time around (re: Paki earthquake))
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To: CharlesWayneCT

Let's all quit the chatter here. Bottom line - She is NO conservative & she sure needs more knowledge, more mental power & probably more deep ingrained conservativism to go against the Washington elites. GW, do the correct thing. Get her to bow out & next time use some better judjement & put a proven in. Otherwise get out & let someone else lead. Opposite of RUSH here but this nomination will weaken the conservative position for the pubbies. This is the defining moment& if a proven is not sitting on the SC Bush is toast the rest of his RINO term.


48 posted on 10/13/2005 3:45:18 PM PDT by Digger (Outsource CONgress)
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To: oblomov

Oh.....a Buchanan supporter?


49 posted on 10/13/2005 3:45:48 PM PDT by indcons (Let the Arabs take care of their jihadi brothers this time around (re: Paki earthquake))
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To: thoughtomator

Why were we supposed to believe she is conservative, again?




Because President Bush nominated her. As for her being qualified to sit on the highest court in the land, "trust me."

hehehehe


50 posted on 10/13/2005 3:52:09 PM PDT by trubluolyguy (Dude seriously, if you don't quit being so poor I'm gonna start huckin' rocks at ya!)
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