Bench Memos

More on that E-mail

From a reader:

“• Legal creativity. Miers wrote that ‘the characteristics of great lawyers include: creativity, ingenuity, fortitude and dedication, flexibility, sometimes a healthy sense of humor or drama and other intangible traits.’” (Exaggerated font size mine)

Creativity!? This is supposed to make me more comfortable with Ms. Miers as a judge? I don’t want any more justices with imaginations capable of finding rights in “penumbras” of “emanations” in the Constitution.

” Miers’ writings, published slightly more than a decade ago, reflected concern for the welfare of the community, the plight of the disadvantaged and the importance of professionalism. Sensitivity to those issues will help her to succeed as a member of the nation’s highest tribunal.”

No, concern for those issues (save professionalism, whatever that has to do with judicial philosophy) is the sphere of the political branches. A justice intent on solving those problems from the Supreme Court is merely another Ginsburg or Breyer or Stevens.

And let’s not forget, I’m supposed to take this editorial seriously because it is based on Mr. Johnson’s viewing of a 10-minute videotape of Ms. Miers over and over again in addition to his reading (approximately) a whole year’s worth of monthly columns. Call him as your star witness in the confirmation hearings, Republicans!

I can’t believe how tone deaf the RNC (the e-mail pointing to this story as a good thing) and the President (conservative critics are merely background noise/chatter) have become.


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