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.

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