More on Harriet Miers

From Professor Brad DeLong's blog:

I'm going to come out in favor of the U.S. Senate advising and consenting to the nomination of Harriet Miers to be a Justice of the United States Supreme Court.

She is a hard working, intelligent, savvy lawyer with a strange fixation on George W. Bush. She has had the experience of making her way as a career woman in late-twentieth century America, which cannot help but have given her a considerable education in what's what and where's where. Back her up with good, moderate clerks and she will do fine.

She will be, I think, likely to be vastly better as a judge than the alternative--which is some "originalist" who doesn't get that James Madison wrote:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

because he didn't want any judges, ever, anywhere in the United States to argue: "You don't have that right because you can't show it to me written down in the Constitution."

I think that she is a terribly unqualified nominee. I would love more experience (or any experience) in Constitutional Law. If not that at least, I would love a lawyer not caught up in corporate fraud. If not that, at least I would love some one with some indicators of being a rather strong intellect. If you don't back it up with other accomplishments, I am forced to default on your education. And Southern Methodist University math major and SMU law school doesn't cut it.

All that said, like I said before, "This is really really really damn funny. I'm really curious as to whether or not she will get confirmed. And if she doesn't, are we going to see a crazy right-wing nut instead?"

I disagree with people thinking that we need a more "intellectual" judge even if they are on the hardcore right. They seem to back it up for two reasons: first, that a lot of these intellectuals do move left and second, because at least thought out analysis has more value (for whatever reason). Look - first, the whole conservative moving very left thing really only applies to Souter and Blackmun. Yes, generationally there has seemed to be progressive notions permeating American culture, and I definitely think that the Supreme Court has contextualized accordingly, for the most part. But it isn't inherent - for one thing - and moreover, the right wing of the court over 50% of the time are not as lefty as we would like. Sure, Souter and Blackmun defected, but that isn't a sure thing. Second, I don't care if you have a genius defending some notion that isn't a good notion. I want my idiot voting the correct decision!

So, for my part, I tend to agree with DeLong, I guess. I really fear the apology candidate that Bush will give the Christian right if she doesn't get confirmed.