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Re: How Could It Be Otherwise?


This correspondent is writing partly tongue-in-cheek, but there’s something in what he says. In any event, we shall all see soon enough:

I’m by no means a fan of the Miers nomination, but I seriously doubt the Judiciary Committee is going to embarrass her. To do that, the senators would have to have some grasp of constitutional law themselves, something of which few of them give any sign. For the hard-working Miers, a couple of weeks’ study should be sufficient to handle easily anything any of them can throw at her. Getting a reasonably solid grip on the basic issues of constitutional law and being able to discuss them — all that a nominee is required to do — is simply not that difficult. What’s difficult is applying the law intelligently and consistently to new sets of facts while under immense pressures to fudge things, which is what justices are required to do.

Roberts was dazzling, but Roberts had a hundred times more knowledge than he needed to look good at a Senate hearing. Dahlia Lithwick was right when she said, in essence, that Roberts was a major-league slugger adjusting his timing to slow-pitch softball. Miers is a minor-leaguer — but even minor-leaguers can blast home runs in slow-pitch softball.

I’d like to see Miers withdraw, but opponents of the nomination are kidding themselves is they think she’s going to look foolish at the hearings.


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