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Bench Memos

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Hruskaism Redivivus



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This morning’s New York Times reported on the administration’s recruitment of former senator Dan Coats to guide Harriet Miers through the Senate confirmation process. Coats has a harder job than Fred Thompson had on behalf of John Roberts, to be sure. But he got off to a bad start with this remark in a CNN interview (according to the Times story):

”If great intellectual powerhouse is a qualification to be a member of the court and represent the American people and the wishes of the American people and to interpret the Constitution, then I think we have a court so skewed on the intellectual side that we may not be getting representation of America as a whole.”

This remark gave pause even to that noted scholar of Scottish law, chairman Arlen Specter of the Senate’s judiciary committee, who “laughed and wondered if it was ‘another Hruska quote’” when he was told what Coats had said. For readers in the dark about that reference, the Times reproduced most of the Hruska remark discussed here the other day.

With a sherpa like Dan Coats, it will be a long way to the summit for poor Ms. Miers, if this is any indication.



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