Thursday, October 20, 2005

Knowing more than Harriet Miers

I also wondered why I knew more about her cases than she did. I guess everyone who reads a bit, and has background, does.

Washington Post:


At yesterday's news conference, Specter appeared to be annoyed with Miers on several points. He said his staff gave him a "big binder" of legal cases she had handled in private practice, but "she gave us a skimpy little group" of material describing those cases in response to the questionnaire's request for details of her most important cases. "No reason we should know more about her cases than she does," he said.

Specter said he remained perplexed by a disagreement Monday stemming from his meeting with Miers in his office, after which their accounts differed on what the nominee had said about Supreme Court rulings that preceded Roe .

In dealing with 11 Supreme Court nominees, Specter said, "I've never walked out of a room and had a disagreement as to what was said." He smiled politely as Leahy said, "I've never known him to make a mistake on what he heard."

Meanwhile, several constitutional law scholars said they were surprised and puzzled by Miers's response to the committee's request for information on cases she has handled dealing with constitutional issues. In describing one matter on the Dallas City Council, Miers referred to "the proportional representation requirement of the Equal Protection Clause" as it relates to the Voting Rights Act.

"There is no proportional representation requirement in the Equal Protection Clause," said Cass R. Sunstein, a constitutional law professor at the University of Chicago. He and several other scholars said it appeared that Miers was confusing proportional representation -- which typically deals with ethnic groups having members on elected bodies -- with the one-man, one-vote Supreme Court ruling that requires, for example, legislative districts to have equal populations.

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