Bench Memos

Hewitt on Miers

Hugh Hewitt is upbeat about the choice. Over at his blog, he writes

Harriet Miers isn’t a Justice Souter pick, so don’t be silly. It is a solid, B+ pick. The first President Bush didn’t know David Souter, but trusted Chief of Staff Sunnunu and Senator Rudman. The first President Bush got burned badly because he trusted the enthusiams of others. The second President Bush knows Harriet Miers, and knows her well. The White House Counsel is an unknown to most SCOTUS observors, but not to the president, who has seen her at work for great lengths of years and in very different situations, including as an advisor in wartime. . . . The president is a poker player in a long game. He’s decided to take a sure win with a good sized pot. I trust him. So should his supporters.

Although I’m admittedly uneasy, I am inclined to agree with him. Professor Bainbridge, on the other hand, it quite upset.

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

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