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Damning with faint praise

Progress for America has put up a support-Harriet-Miers website, but the about page is... tepid, with such minimal accomplishments as "Miers Was A Commercial Litigator" and "She is licensed to practice law in... the District of Columbia" and "Miers Encouraged Bar Members 'To Do Pro Bono Work.'" By that standard, I could be nominated to the Supreme Court.

Of greater concern is a 2004 Legal Times article (cited on the same PFA page) that noted that, in 2001, Miers argued "against eliminating the American Bar Association's 50-year-old role of vetting potential federal judiciary nominations, a move led by [then-White House Counsel] Gonzales." As we noted on July 23, this move was a no-brainer because of the ABA's historical ideological bias.

The first signs of a paper trail have appeared in the form of a questionnaire that Miers answered when running for Dallas City Council in 1989. AMERICAblog is trying to claim that Miers supported gay rights in 1989, but a look at the actual questionnaire shows that Miers opposed repeal of laws criminalizing private sexual behavior between consenting gays, which would not only seem to be a vote with the dissent in Lawrence v. Texas, but would make Miers more socially conservative than Justice Thomas.



Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.