Re: Miers and Judicial Nominees

I’ve heard from more than one former administration attorney who thinks I’ve backtracked too much on Miers’ work on judicial nominations. They strongly suggest that she was not that involved in judicial selection before she became White House Counsel. Writes one:

First, you cannot look at this chart and say Miers was involved in nominations after July 2003. There is often a substantial time lag between the Judicial Selection Committee’s decision that a nominee be recommended to the president and the nomination. The FBI and OLP background checks occur after POTUS OKs the nomination but before the nomination is made. If there are political issues requiring Hill negotiations, the delay could be longer than the 2 months the FBI takes. So for example Janice Rogers Brown, Brett Kavanaugh, and Diane Sykes were all approved before July 2003 even though nominated later. Miers had absolutely nothing to do with them.

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

Most Popular

Politics & Policy

Students’ Anti-Gun Views

Are children innocents or are they leaders? Are teenagers fully autonomous decision-makers, or are they lumps of mental clay, still being molded by unfolding brain development? The Left seems to have a particularly hard time deciding these days. Take, for example, the high-school students from Parkland, ... Read More
Elections

Romney Is a Misfit for America

Mitt’s back. The former governor of Massachusetts and occasional native son of Michigan has a new persona: Mr. Utah. He’s going to bring Utah conservatism to the whole Republican party and to the country at large. Wholesome, efficient, industrious, faithful. “Utah has a lot to teach the politicians in ... Read More
Law & the Courts

What the Second Amendment Means Today

The horrifying school massacre in Parkland, Fla., has prompted another national debate about guns. Unfortunately, it seems that these conversations are never terribly constructive — they are too often dominated by screeching extremists on both sides of the aisle and armchair pundits who offer sweeping opinions ... Read More
U.S.

Fire the FBI Chief

American government is supposed to look and sound like George Washington. What it actually looks and sounds like is Henry Hill from Goodfellas: bad suit, hand out, intoning the eternal mantra: “F*** you, pay me.” American government mostly works by interposition, standing between us, the free people at ... Read More
Film & TV

Black Panther’s Circle of Hype

The Marvel Cinematic Universe (MCU) first infantilizes its audience, then banalizes it, and, finally, controls it through marketing. This commercial strategy, geared toward adolescents of all ages, resembles the Democratic party’s political manipulation of black Americans, targeting that audience through its ... Read More