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Miers Names Favorite Justice: Burger (Who Voted For Roe)
Washington Post ^ | 10/7/05 | Shailagh Murray and Charles Babington

Posted on 10/06/2005 11:59:06 PM PDT by Mighty_Quinn

In an initial chat with Miers, according to several people with knowledge of the exchange, Leahy asked her to name her favorite Supreme Court justices. Miers responded with "Warren" -- which led Leahy to ask her whether she meant former Chief Justice Earl Warren, a liberal icon, or former Chief Justice Warren Burger, a conservative who voted for Roe v. Wade . Miers said she meant Warren Burger, the sources said.

A Republican member of the committee, Lindsey O. Graham (S.C.), said after meeting with Miers: "I think the hearings matter in her case probably more than others."

Graham said Miers's challenge will be to "create a comfort level" with conservatives that she shares their strict-constructionist approach to interpreting the Constitution, while convincing the public that she is not biased by her evangelical Christian faith and is qualified for the lifetime post, despite her lack of judicial experience.

Graham said he was "very impressed" by Miers and said the two had discussed her work history and how she had dealt with various types of conflict throughout her career. He described her as a "consensus builder" and a "task-oriented" person.

Brownback said his biggest concern is not knowing where she stands on "key issues of the day," such as abortion, same-sex marriage and property rights. He said that during the meeting, he brought up the Roe v. Wade decision on abortion in the context of another case, and said Miers "did not and would not" articulate a position -- presumably, the senator said, because Roe remains a "live issue" before the court.

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


TOPICS: Government; Miscellaneous; News/Current Events; Politics/Elections
KEYWORDS: anothersouter; betrayal; burger; miers; nominee; prolife; quagmiers; roevwade; scotus; snakeoil; stratgery; supremecourt; uhoh; warren
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To: BagelFace
Excluding Leahy's left testicle, of course.

You're assuming he has one.

41 posted on 10/07/2005 12:33:44 AM PDT by SpringheelJack
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To: Mighty_Quinn

Let's see, an anonymous source, the Washington Post...somebody's being played like a fiddle, and it's not Harriet Miers. I can't believe anyone would base a judgement on what tha WaPo said, especially since their source cited was "nameless."

Let the woman answer for herself at the hearings, on TV, in front of the nation. Don't second guess her based on an anonymous source as reported in the WaPo...it's about as realiable as Dan Rather's anonymous source.


42 posted on 10/07/2005 12:33:48 AM PDT by dawn53
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To: Howlin
We really don't know what the context was, do we?

No, we don't, but if it was what you suggested, then that would be downright ditzy of her to answer for that reason. What I find surprising is that she evidently didn't give it more thought, because SC nominees are always asked that question.

And since there's a good chance this "leak" came from you-know-who's staff, I don't think it's wrist slitting time.

Fine, if it's not true, then I'm sure Miers will see to it that the record is corrected in short order.

Who'll volunteer to hold her breath?

43 posted on 10/07/2005 12:33:56 AM PDT by AntiGuv (™)
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To: Howlin
Stop leaking insulting our intelligence Leahy! Go play a game of Build-A-Burger!


44 posted on 10/07/2005 12:34:55 AM PDT by BigSkyFreeper ("Don't Get Stuck On Stupid!" - Lieutenant General Russell "Ragin' Cajun" Honore)
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To: Mighty_Quinn
Warren Burger on the Second Amendment:
In 1991, former Supreme Court Chief Justice Warren Burger referred to the Second Amendment as "the subject of one of the greatest pieces of fraud, I repeat the word ‘fraud,' on the American public by special interest groups that I have ever seen in my lifetime...[the NRA] ha(s) misled the American people and they, I regret to say, they have had far too much influence on the Congress of the United States than as a citizen I would like to see - and I am a gun man." Burger also wrote, "The very language of the Second Amendment refutes any argument that it was intended to guarantee every citizen an unfettered right to any kind of weapon...[S]urely the Second Amendment does not remotely guarantee every person the constitutional right to have a ‘Saturday Night Special' or a machine gun without any regulation whatever. There is no support in the Constitution for the argument that federal and state governments are powerless to regulate the purchase of such firearms..."

45 posted on 10/07/2005 12:35:13 AM PDT by Ichneumon
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To: Mr. XYZ
Warren Burger's court was more liberal than Earl Warren's, although Warren Burger himself was more conservative.

Yup, you're right. Dunno what I was thinking! (There's a lot of that going around these days..)

46 posted on 10/07/2005 12:35:15 AM PDT by AntiGuv (™)
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To: Ichneumon

Ouch..


47 posted on 10/07/2005 12:35:59 AM PDT by AntiGuv (™)
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To: AntiGuv

Like I said, we really don't know the CONTEXT, do we?

For all we know, he said, "How many have you met and which one did you like the best?"


48 posted on 10/07/2005 12:36:05 AM PDT by Howlin
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To: SpringheelJack

Leahy for asking it. (if in fact he did)


49 posted on 10/07/2005 12:36:10 AM PDT by BigSkyFreeper ("Don't Get Stuck On Stupid!" - Lieutenant General Russell "Ragin' Cajun" Honore)
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To: Ultra Sonic 007
More anonymous sources.

Yup. I got that far and "skip-read" the rest. Earlier today a freeper (CongressmanBillyBob, I think) refered to it as "pigpen" journalism. It sure fits.

50 posted on 10/07/2005 12:36:17 AM PDT by DJ MacWoW (If you think you know what's coming next....You don't know Jack.)
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To: AntiGuv
Ouch..

Yeah. Warren Burger was also the great legal mind who argued that the word "all" in the Sixth Amendment doesn't really mean "all". Personally, I don't know any other way to interpret, "in all criminal prosecutions" than to conclude that it damn well means *all* criminal prosecutions, but Burger somehow managed to justify his ruling that *not* all criminal prosecutions need to be tried by a jury, even though the Sixth Amendment says they must be.

51 posted on 10/07/2005 12:38:12 AM PDT by Ichneumon
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To: Mighty_Quinn
Graham said Miers's challenge will be to "create a comfort level" with conservatives that she shares their strict-constructionist approach to interpreting the Constitution, while convincing the public that she is not biased by her evangelical Christian faith and is qualified for the lifetime post, despite her lack of judicial experience.

Piece of cake.





LOL

52 posted on 10/07/2005 12:39:26 AM PDT by Petronski (I love Cyborg!)
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To: AntiGuv
What makes you think she realized Burger voted for Roe?

If she doesn't, she's a poor ignorant fool.

53 posted on 10/07/2005 12:40:08 AM PDT by Petronski (I love Cyborg!)
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To: Ichneumon

Well, Warren Burger is one of my least favorite justices in any case, so you hardly need to persuade me! I would've thought her answer pretty awful even if I did think it was well-considered.


54 posted on 10/07/2005 12:41:56 AM PDT by AntiGuv (™)
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To: AntiGuv

I prefer Frankfurter to Burger....





(Not necessarily, but it was fun to say.)


55 posted on 10/07/2005 12:44:34 AM PDT by Petronski (I love Cyborg!)
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To: Petronski; devolve; potlatch
Lindsey Graham doesn't "create a comfort level" with this conservative.

It's sheer puffery for him to define "Mier's challenge".

He should stick to spit-shining McCain's shoes. . .without using his hands.

56 posted on 10/07/2005 12:45:33 AM PDT by PhilDragoo (Hitlery: das Butch von Buchenvald)
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To: Mighty_Quinn

Did the anonymous sources elaborate on what it was that made her favorite her favorite? Voting record? Work ethic/style? Judicial philosophy?


57 posted on 10/07/2005 12:52:23 AM PDT by skr (Shopping for a tagline that fits or a fitting tagline...whichever I find first.)
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To: BigSkyFreeper
Leahy for asking it. (if in fact he did)

I think it's clearly Miers for tanking on it. Seems a quite respectable question to ask a potential Supreme Court justice, and I'd expect all of them would have an answer.

58 posted on 10/07/2005 12:52:30 AM PDT by SpringheelJack
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To: Petronski
If she doesn't, she's a poor ignorant fool.

Ditto on that. It's probably Burger's single most famous vote.

59 posted on 10/07/2005 12:53:46 AM PDT by SpringheelJack
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To: SpringheelJack
I think it's clearly Miers for tanking on it.

My are we trusting of the WaPo and it's anonymous sources are we?

60 posted on 10/07/2005 12:55:46 AM PDT by BigSkyFreeper ("Don't Get Stuck On Stupid!" - Lieutenant General Russell "Ragin' Cajun" Honore)
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