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Harriet Miers nomination

I'm being interviewed on Seattle's KOMO radio (1000 AM) at 11:45 AM Pacific time and Corpus Christi's KEYS radio (1440 AM) at 3:05 PM Central regarding the Harriet Miers nomination.

My thoughts? It's tremendously disappointing to see a president pass up the all-too-rare opportunity to nominate a Frank Easterbrook or Michael McConnell. On the bright side, in-the-trenches experience in corporate litigation is an important perspective that's missing from the current Court. With the Rehnquist Court largely taking a hands-off approach to contentious issues of civil procedure and business litigation in favor of the sexier criminal and constitutional cases, an expanded docket on the Roberts Court is potentially a good thing—if Miers is a good justice. And one can't be comforted by Orin Kerr's accurate observation that Miers "has no history of having thought deeply about the role of judges in a constitutional democracy." One hopes that more than cronyism and Harry Reid's approval was behind this nomination. Larry Solum has a relevant quote. Prawfsblawg has interesting commentary that you might not see when browsing the usual suspects. As Hillel Levin comes close to without actually saying, a Miers confirmation will ensure that inscrutability is the main criterion for picking a justice for the foreseeable future.



Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute

Katherine Lazarski
Press Officer,
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.