Bench Memos

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Richard Garnett comes to the defense of the Miers appointment, yet provides no basis for it — except, perhaps trust …. trust the president, trust his staff, and so forth. He lists several past solid nominees. But there have been occasional weaknesses, including a few Clinton holdovers who he re-nominated. Roger Gregory on the Fourth Circuit comes to mind. But this misses the point, doesn’t it? We’re not debating his past nominees, we’re discussing this nominee. And if, as Richard says, Miers may have been selected because of her judicial philosophy, then it is incumbent on Richard to enlighten us with more. We’re talking about 9 individuals on the Supreme Court. That’s all. Now, if Richard or anyone else has a case to make, based on some evidence, that Miers is sound philosophically, let’s see it.


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