Bench Memos

M&Ms and Compassion

Okay, so David Kuo believes Harriet Miers is a conservative and she had cute boxes of M&Ms on her desk. That’s nice to know. But just as I think some are making unfounded criticisms, I find nothing in Kuo’s article that is particularly responsive to the real and legitimate concerns that some are raising. Arguing she has “compassion” doesn’t help either. If anything it suggests a Justice Miers might be swayed by “bad facts” to make “bad law.” I wish Miers’ critics would stick to serious arguments against her – and that Miers’ proponents would make more serious arguments in her defense.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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