Skip to comments.Slouching Towards Miers [Robert Bork]
Posted on 10/18/2005 9:43:27 PM PDT by Stellar Dendrite
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I'm buzzing off and weaping. I hope you're happy.
I don't know. Old people lose it sometimes. The tuck goes out of their sails and they never amount to anything else. He'll probably die a bitter loser who tried to bite the ankles of those who will do the work he could not.
Bork is a crybaby, crapping in his adult diapers.
The complaint isn't that a buzzword be espoused during the hearings; the post-Bork environment militates against that.
Roberts danced, but there WAS a songbook.
Bump for what you said!
The attack on Miers' writing surprised me. Unless I'm absolutely off the mark, Scalia is the only Justice who pens his own draft opinions.
The role of the clerks is . . . large: Bork should have known better. One brief description here:
Q Ole Moen:
My impression is that the clerks play a greater role in writing opinions now than previously. I know that practice varies from justice to justice (and from case to case). Also, by the pooling of the certiorari* screening process, [some] clerks seem to play a more decisive role than previously. I would like your views on both questions. [*Note: a writ of certiorari is a decision by the Supreme Court to hear an appeal from a lower court.]
A JOHN YOO:
I think that clerks have played a significant role in writing opinions for many decades. If one looks at reports of the late [Chief Justice Earl] Warren and early [Chief Justice Warren] Burger courts, it seems clear that clerks were already at that time playing an important role.
Much earlier in American history, there were no clerks and justices wrote the opinions themselves. If one looks at the records of the early Supreme Court, for example, it seems clear that the justices wrote all of their opinions on their own. I think that clerks play their most influential role in what is known as the "cert pool." The cert [certiorari] pool refers to the cases that are appealed to the Supreme Court. The justices vote every few weeks on what cases to accept from that pool. It is the clerks who review those cases and draft a memo summarizing the issues and recommending to the justices where to grant or deny an appeal.
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What's a good backfire, between friends?
In the early '90s, while she was president of the Texas bar association, Miers wrote a column called "President's Opinion" for The Texas Bar Journal. It is the largest body of public writing we have from her, and sad to say, the quality of thought and writing doesn't even rise to the level of pedestrian.
Nothing excuses sentences like this: "More and more, the intractable problems in our society have one answer: broad-based intolerance of unacceptable conditions and a commitment by many to fix problems."
Or this: "We must end collective acceptance of inappropriate conduct and increase education in professionalism."
Or this: "When consensus of diverse leadership can be achieved on issues of importance, the greatest impact can be achieved."
Or passages like this: "An organization must also implement programs to fulfill strategies established through its goals and mission. Methods for evaluation of these strategies are a necessity. With the framework of mission, goals, strategies, programs, and methods for evaluation in place, a meaningful budgeting process can begin."
I don't know if by mere quotation I can fully convey the relentless march of vapid abstractions that mark Miers' prose. Nearly every idea is vague and depersonalized. Nearly every debatable point is elided. It's not that Miers didn't attempt to tackle interesting subjects. She wrote about unequal access to the justice system, about the underrepresentation of minorities in the law and about whether pro bono work should be mandatory. But she presents no arguments or ideas, except the repetition of the bromide that bad things can be eliminated if people of good will come together to eliminate bad things.
Throw aside ideology. Surely the threshold skill required of a Supreme Court justice is the ability to write clearly and argue incisively.
How on God's good earth did George Bush think he could get away with putting such an unqualified, mediocre crony on the court? She is going to get sliced and diced before the committee.
I think so unless you want to count Specter..
I may be wrong.
Arlen Specter CHAIRMAN, PENNSYLVANIA
Orrin G. Hatch UTAH
Patrick J. Leahy RANKING DEMOCRATIC MEMBER, VERMONT
Charles E. Grassley IOWA
Edward M. Kennedy MASSACHUSETTS
Jon Kyl ARIZONA
Joseph R. Biden, Jr. DELAWARE
Mike DeWine OHIO
Herbert Kohl WISCONSIN
Jeff Sessions ALABAMA
Dianne Feinstein CALIFORNIA
Lindsey Graham SOUTH CAROLINA
Russell D. Feingold WISCONSIN
John Cornyn TEXAS
Charles E. Schumer NEW YORK
Sam Brownback KANSAS
Richard J. Durbin ILLINOIS
Tom Coburn OKLAHOMA
I received a "begging and pleading for money" email from Ken Mehlman, head of the RNC tonight. In my response to him I really beat on this hard.
I am first and foremost a conservative. It just so happens that, of the major, worth voting for parties, the Republican Party aligns itself most closely with my views.
I can no longer believe that President Bush is a conservative. Oh, he has some conservative qualities. But he is not a true, dyed in the wool conservative.
My bottom line to Ken: no moolah until the RNC comes back home to it's conservative roots.
And I'll be shocked and awed if that happens.
I count 10...lol.
Clerks not only help write releases of all sorts, they can influence a judge's decision. If I told you why I know this I might have to kill you.
Nonsense. Point to subtantive errors in his op-ed.
I agree with it. Miers is shown to be a total fence sitter with extremely poor examples of *clear* writing (again going back to her fence sitting habit). She is pro affirmative action and has been a long-time Liberal most her adult life.
"Graham is such a weasel.........His base needs to replace him. He's had his chance to lead. Now, he needs to let others have the opportunity."
Even though I really do love George W., the same can sure as heck be said for him.
Keep on spouting irrelevant comments, you will keep on getting scoffed at.
He is an embarrasment to the republican caucus.
The one who got Borked is now borking, can you see the hypocrisy ?
Sniff, sniff.... < /elitism >
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