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Jones v Bush Harriet Miers Lead Attorney 12th Amendment Case
U of Michigan ^ | 10/14/05 | jwalsh07

Posted on 10/14/2005 7:05:23 PM PDT by jwalsh07

Harriet Miers opposition in Jones v. Bush was Sanford Levinson (BA-Duke, PhD-Harvard, JD-Stanford), the "W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law" at the University of Texas School of Law, author of over 200 articles in professional and more popular journals, co-author of a leading constitutional law casebook, who's also been a visiting law prof at Harvard, Yale, NYU, and BU." (info on Levinson courtesy of Beldar)

Perhaps Sander Levinson, a high powered legal beagle with all the right pedigree who got his butt kicked in trail court, the appeals court and at the SCOTUS where they denied cert:

"This is a person who has almost no experience doing constitutional law, and the one case she is involved with is on a subject almost no one has talked about, at a time of extraordinary partisan interest," he said. "The only thing to infer from this is that she's a good lawyer."

I'd say that Mr. Levinson was a bit understated. :-}

The link is a pdf file.


TOPICS: Front Page News; Government
KEYWORDS: bush; jonesvbush; miers; scotus
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For those who remember this was the case arguing about Cheney's Texas residency and the twelfth amendment issue that sprung from that assertion. It is one of the only cases ever argued in that regard.
1 posted on 10/14/2005 7:05:30 PM PDT by jwalsh07
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To: jwalsh07

A good find for your case.


2 posted on 10/14/2005 7:07:14 PM PDT by Rodney King (No, we can't all just get along.)
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To: jwalsh07; Torie; Cicero; Howlin; Huck

FYI and comment.


3 posted on 10/14/2005 7:07:35 PM PDT by jwalsh07
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To: Rodney King
My case is to watch Miss Miers in the hearings.

While I've got you all I'd like to make the case that judical hearings are high dudgeon and farce.

I think we can all take a principled stand here and make clear to our Senators that more information is better. I see nothing wrong with asking nominees opinions on cases that have already been decided. After all, the justices on the court already have their opinions on the record in those cases. Why should nominees not be required to offer theirs?

4 posted on 10/14/2005 7:10:56 PM PDT by jwalsh07
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To: jwalsh07

So, if not for Harriet Miers, we would not have Dick Cheney as vice president?

Works for me!


5 posted on 10/14/2005 7:11:09 PM PDT by Howlin
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To: jwalsh07
On this one, Miers had the inside lane. It was not a close case, for both legal and policy reasons. Again, one needs to read her brief to get a sense of her mind at work, and her writing style, organizational abilities, sense of what to highlight and what to downplay, etc.

Good advocative writing in briefs is an art form. It is the most creative and rewarding thing I do.

6 posted on 10/14/2005 7:12:02 PM PDT by Torie
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To: jwalsh07

As I said on the other thread, this case seems to have been handled by at least twelve lead lawyers from several Texas law firms, the Attorney General of Texas, and an Amicus Curiae. But I grant you that Miers has the top spot among the attorneys named for the defense.

I also saw, and praised, your earlier thread concerning important cases she has been involved in.

I don't think there's any doubt that she can coordinate and lead large numbers of bright lawyers in large cases. She was also chosen to act on behalf of Microsoft. What I don't think this actually demonstrates is whether she can write well, put her thoughts in order, or compose a Supreme Court decision in the strict constructionist spirit. She certainly doesn't write very well when she is doing it on her own hook.


7 posted on 10/14/2005 7:12:10 PM PDT by Cicero (Marcus Tullius)
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To: Cicero

Have you read any of the legal briefs she wrote and signed on cases where just her firm was involved? If not, and I have not, because they are not online, making a judgment on how she practices her craft is premature. Both the Microsoft and Disney cases where complex, and raised interesting issues, about which I learned something.


8 posted on 10/14/2005 7:15:01 PM PDT by Torie
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To: jwalsh07
Good find. I wonder why the Bush administration hasn't been trumpeting this as an example of her experience in Constitutional Law?

So far, they've been content to let everyone believe she has absolutely no experience.

9 posted on 10/14/2005 7:20:51 PM PDT by curiosity (Cronyism is not Conservative)
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To: Torie

Check your email, pony express just delivered something.


10 posted on 10/14/2005 7:27:38 PM PDT by jwalsh07
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To: jwalsh07

What about this case, or her arguments, should convince me that she adheres to a conservative judicial philosophy such as natural law jurisprudence?


11 posted on 10/14/2005 7:28:43 PM PDT by oblomov
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To: jwalsh07
Two questions would tell me all I need to know about Harriet.

1. Is the second amendment an individual right or a collective right?
2. Do you believe the Constitution is a "living document"?
12 posted on 10/14/2005 7:28:59 PM PDT by Parley Baer
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To: Cicero

Just keeping it real Cicero. Her opponent recognized her ability. I think that says something.


13 posted on 10/14/2005 7:29:39 PM PDT by jwalsh07
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To: Howlin
Very important case. They chose Miers. She won. Thank goodness.

Torie says it was pretty straight forward but these days nothing is stright forward and one of the premier legal beagles in the country was her opponent.

14 posted on 10/14/2005 7:31:33 PM PDT by jwalsh07
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To: jwalsh07


GOOD post, 07.


15 posted on 10/14/2005 7:31:34 PM PDT by onyx ((Vicksburg, MS) North is a direction. South is a way of life.)
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To: Parley Baer
1. Is the second amendment an individual right or a collective right?

A fair question, since Meirs was in effect arguing that the 12th means something other than what is says, and she defeated its words dimply by claiming the plaintifs couldn't show they were harmed.

In other words, the 12th is for all practical purposes dead by virtue of this case. Kennedy and Kerry can run together, and the 12th can't be used against them.

16 posted on 10/14/2005 7:32:48 PM PDT by adamsjas
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To: curiosity

I don't know. She was also heavily involved in the Florida fiasco as an attorney. Perhaps they don't want to rile the dems?LOL


17 posted on 10/14/2005 7:33:57 PM PDT by jwalsh07
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To: curiosity
"I wonder why the Bush administration hasn't been trumpeting this"

Perhaps because it raises yet another cronyism argument:
"So, you mean not only was she Bush's lawyer, but she got Cheney into the White House"?

18 posted on 10/14/2005 7:34:09 PM PDT by Edmund Dante
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To: jwalsh07
My very quick read, very quick, but at this point in my life I can scan very quickly, is that the Miers brief was excellent, and superior to the brief of the opposition. The writing is focused and spare and to the point. As I said, she has the inside lane to start, which helps. I will read both briefs more carefully tomorrow, if I can, when my mind is fresh, and comment further, and reserve the right to revise and extent my remarks.

Clearly, the only reasonable conclusion, is that Miers did not actually write the brief. She just isn't up to it. :)

19 posted on 10/14/2005 7:38:17 PM PDT by Torie
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To: Torie
LOL.

You're a much better judge of the quality of a legal brief than I'll ever be.

You give me the straight poop back here on this thread and I'll accept your opinion.

I have to go now, the ark is floating down the hill.

20 posted on 10/14/2005 7:40:36 PM PDT by jwalsh07
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