Bench Memos

NRO’s home for judicial news and analysis.

The Sex Thing (No, I Won’t Say “Gender”)


Former Democratic congressman Martin Frost just said to Brit Hume in a Fox interview about Harriet Miers (they clerked on the same Texas court years ago) that there would be less controversy about the Miers nomination if the nominee were a man with identical qualifications. Am I alone in thinking this is just crazy? It seems to me that if the nominee were Harry Miers, but in every other way identical, the stunned bewilderment among Bush’s supporters would be even greater. “Harry? Are you kidding?!” would be the cry going up across the land. The fact that Miers is a woman actually makes her nomination more comprehensible, not less, and her confirmation more likely, not less. Or so it seems to me.


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