The Judicial Activism Myth

Ken AshfordSupreme CourtLeave a Comment

I’m fairly sure I blogged about this before, but it bears repeating in light of the Alito nomination. A few months ago, the New York Times had an op-ed discussing what "judicial activism" means: it connotes the willingness of a justice to overturn congressional legislation. Taking this definition as the metric, who are the worst "judicial activists" on the Supreme … Read More

My Obligatory Post on Samuel Alito

Ken AshfordSupreme CourtLeave a Comment

Busy day today for me, so I’ll just mention a few things about Bush’s nominee to the Supreme Court, and update this post (maybe) as the day goes on. Yes, Alito is a conservative.  Yes, he’s a strict constructionist.  Yes, his nomination helps Bush politically by bringing Bush’s base back into the fold.  Yes, Alito has more experience than Miers.  … Read More

Pleasing The Base

Ken AshfordSupreme CourtLeave a Comment

Conventional wisdom on Miers’ withdrawal is that Bush’s next nominee must be someone who shores up his fractured base.  A "fundie wingnut".  But Kargo X as the Next Hurrah makes an interesting point: Pat Robertson was for Miers. Jerry Falwell was for Miers. And as we all know, James Dobson was for Miers. So, what’s this "base" that needs appeasing? … Read More

Focus On The Fables

Ken AshfordGodstuff, Supreme CourtLeave a Comment

Dr. James Dobson reveals why he believes Harriet Miers is a good nominee for the Supreme Court and addresses the objections that have been raised about her. — Lead-in to radio show by James Dobson, on his Focus on the Family website, October 5, 2005 "I believe the president made a wise decision in accepting Harriet Miers’s withdrawal as a … Read More

Harriet Miers Officially Becomes A Question For “Trivial Pursuit – The 2000 Decade” Edition

Ken AshfordSupreme CourtLeave a Comment

Yup.  She withdrew her nomination, and Bush "reluctantly accepted". Still no post about it on Harriet Miers’ blog, but I’ll update here when she updates her blog. For progressives like me, this is nothing to celebrate (the celebration comes later today when Fitzgerald announced indictments).  I have a sinking feeling that the next Bush nominee will be something awful – … Read More

More Miers’ Bad Answer

Ken AshfordConstitution, Supreme CourtLeave a Comment

Mier’s answer to the constitutional law question of her questionnaire is generating some press.  I blogged about it two days ago (Miers Doesn’t Know Shit About Con Law).  My law school prof chimes in here: At one point, Miers described her service on the Dallas City Council in 1989. When the city was sued on allegations that it violated the … Read More

Miers Doesn’t Know Shit About Con Law

Ken AshfordConstitution, Supreme CourtLeave a Comment

I browsed through the Harriet Miers questionnaire submitted to Congress yesterday evening, pausing only to read matters that were interesting. I spotted this question: 17. Constitutional Issues: Please describe in detail any cases or matters you addressed as an attorney or public official which involved constitutional questions. For each case or matter, please describe in detail the constitutional issue you … Read More

Harriet Miers – Slumlord & Privacy Lover?

Ken AshfordSupreme CourtLeave a Comment

About the only good thing anybody could say about Bush’s No. 1 fan is that she was "a meticulous, detail-oriented attorney who is always well prepared." Except, perhaps, when it comes to being a landlord? The year Harriet Miers began work as a senior presidential aide in the White House, the city of Dallas slapped three liens in three months … Read More

Still Cracking Me Up

Ken AshfordBush & Co., Supreme CourtLeave a Comment

I don’t know how Harriet Miers nomination is going to turn out, but I will certainly miss her blog.  It gets better every day. Right now, Harriet is launching a logo/slogan contest, urging people to "Call You’re Senators".  (Yes, Harriet tends to confuse "you’re" and "your", "it’s" and "its", and "their" and "they’re"). She’s also agog about her recent instant … Read More

Miers 2.0

Ken AshfordBush & Co., Supreme CourtLeave a Comment

The Bush White House wants a do-over on Miers: Get ready for a whole new Harriet. After a disastrous two weeks, White House officials say they hope to relaunch the nomination of Harriet Miers for the Supreme Court by moving from what they call a "biographical phase" to an "accomplishment phase." In other words, stop debating her religion and personality … Read More

Miers Can’t Write Worth A Shit

Ken AshfordSupreme CourtLeave a Comment

David Brooks of the New York Times took Harriet Miers to town for her crappy, vapid writing skills.  (I won’t link to Brooks, because the NYT now has an annoying subscription wall).  Here’s an example of Miers’ "scholarly" writing from an early-90’s Texas Bar Journal article: "An organization must also implement programs to fulfill strategies established through its goals and … Read More

Another Thing Conservatives Won’t Like About Miers

Ken AshfordSupreme CourtLeave a Comment

From The Drudge Report (ugh!) comes this 1990 testimony from Miers.  She was asked the following questions in a voting rights lawsuit claiming the Dallas City Council had too few black and Hispanic members: REDIRECT EXAMINATION BY MS. JULIAN: . . . . . Q. Ms. Miers, are you a member of any predominantly minority organizations, such as the NAACP, … Read More

Miers and Election 2008

Ken AshfordBush & Co., Election 2008, Supreme CourtLeave a Comment

The N.H Union Leader reports: The White House political arm is taking a special interest in U.S. senators who are potential 2008 Presidential candidates, especially when they come to New Hampshire. The goal is to put them on the record on the Harriet Miers nomination to the U.S. Supreme Court, which is under fire from the right and left. Bush … Read More

Harriet Miers And The Christmas Card Debacle

Ken AshfordBush & Co., Supreme CourtLeave a Comment

With so little known about Harriet Miers, this story may take on certain undue significance. We know that Harriet Miers, as White House staff secretary, was responsible for vetting documents that made their way onto Bush’s desk.  Apparently, she was a bit of a tyrant in this area, although this is arguably necessary for anyone in that position (after all, … Read More

Sekulow’s Hypocrisy

Ken AshfordBush & Co., Supreme CourtLeave a Comment

White House ally and chief counsel to the American Center for Law and Justice, Jay Sekulow (described as one of the “four horseman” who helped Bush select Miers), has been publicly holding up Miers’s faith as a reason she should be confirmed: [The Miers nomination is] a big opportunity for those of us who have a conviction, that share an … Read More