Bench Memos

A Quick Confirmation?

Despite reports that Miers is refusing to answer some questions from senators because she needs to study up on constitutional law, the current plan is to start confirmation hearings on November 7. The White House also hopes for a confirmation vote before Thanksgiving. Why the rush? Maybe the White House believes Miers will exceed expectations in her hearings. Another possibility is the White House wants to be sure Miers is on the Court in time to hear oral arguments in Ayotte v. Planned Parenthood of Northern New England, in which the justices will consider the constitutionality of New Hampshire’s parental notification law.

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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