Sunday, October 23, 2005

Harriet Miers Writes Wrong

The Miers writings are bad prose, but my overall reaction is that she is generally wrong on the substance.


She does not use the right wording for a will. (See prior post.)

She says she is writing in, and only in, her capacity as a former bar president. But there is no capacity of that sort. It is history, not capacity. She might have written only in her individual capacity, but her language excluded that. Her specific language was specifically wrong. (I think I said more on this in a prior post.

She says her Microsoft case was about the interplay between Texas and Federal class action rules. But Texas rules follow Federal rules. Interplay? No. This is either a poor understanding, poor writing, or a disingenuous effort to portray her record as having experience suitable for SCOTUS. The truth, that it was about a Texas rule that is the construed as the same as the Federal rule would suffice. But interplay? Not the right concept.

Item after item, important or not, she just keeps getting the substance wrong.

How can a SCOTUS nominee be wrong, and we can be right, about her history and cases? Amazing.


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