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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.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.