"There is always a philosophy for lack of courage."—Albert Camus

Monday, October 17, 2005

With Friends Like These . . .

Harriet Miers would do well to ask her defenders to take a breather.

Hugh Hewitt has advanced the "powerful" argument that "constitutional law" just isn't that hard, so we shouldn't worry about whether Miers is a brainiac. The inferences aren't good for Miers and are worse for Bush's governing philosophy.

Is this really how we want to make our appointments? "Well, being head of FEMA isn't rocket science, so let's not trouble ourselves overmuch about getting the top, top candidate." Besides, constitutional law is harder than it looks and being a Supreme Court judge involves the rest of federal law, which is deep, complex, and confounding.

If I were Harriet, I'd have Hugh back off 'cuz he ain't helping.

6 comments:

Tlaloc said...

You know at the U of O the physics building is only a couple of blocks from the law complex so I'm probably well suited to be a supreme court justice myself.

And I did watch Judge Wapner on the People's Court.

The Classic Liberal Anonymous said...

I wonder who (typically) does the most work at SCOTUS; the justices or their aides?

Do we want a legal system that is such an entanglement that it requires brainiacs to cut through it?

Brainiacs upheld McCain-Feingold!

I'm just thowin' stuff out there, seein' if it will stick.

Kathy Hutchins said...

Harriet Miers would do well to ask her defenders to take a breather.

Except for Josh Bolton. I don't think enough can be said about her dominating mastery of the Camp David bowling alley.

Tlaloc said...

"Do we want a legal system that is such an entanglement that it requires brainiacs to cut through it?"

I think you'd be hard pressed to run a country of this size without a dauntingly large legal system. Besides since we most certainly have a large legal system it would seem the choice is between brainiacs who can cut through it or mediocre minds who will get miered in it.


(I blame Jay for the Pun)

Tlaloc said...

"Except for Josh Bolton. I don't think enough can be said about her dominating mastery of the Camp David bowling alley."

Well to be fair the SCOTUS could use a few more jocks to help the associate justices get invited to the good tailgater parties.

connie deady said...

I just spent the last 4 hours reading cases on removal, remand and pendent jurisdiction. It made me cross-eyed, but after finally reading an excellent article explaining the history of one remand section, the arguments all made sense to me.

Then I realized that a case I had read at the beginning said that my circuit had rejected the argument that I had just spent 4 hours trying to understand.

Yeah law isn't that complicated. But this is exactly the kind of stuff that the Supreme Court hears and that they have to decide. It isn't all sexy and it has big implications.

TCLA, it's only an entanglement when people let policy drive their decisions.