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« Man Thwarts Carjacker By Throwing Hot Coffee In His Face | Main | Update To NYT Plays Johnny Cochran For Saddam Hussein »
October 20, 2005

Eeesh: Harriet Miers Blows An Easy Question

She seems to think "proportional voting" -- seemingly based on race -- is mandated by the Equal Protection Clause.

Okay... Lani Guinnear, the Clinton nominee whose name he wisely withdrew after her writings revealed her to be a race-obsessed leftist -- also believed in proportional voting for minority voters.

Now, this may just be a mistake, an error in language... but really, come on. Even if it is just an error -- even if she's just getting the "republican form of government" clause (interpreted as requiring almost equal Congressional voting districts) with the Equal Protection Clause, this was a written response on a questionnaire. The woman had time to reflect upon and compose her answer.

I don't want to be too nitpicky -- I make a lot of mistakes myself, of course -- but she's either very, very liberal or else utterly confused about what the Constitution says.

Sorry to lose another buck from Monty.

Like I Said... I make a lot of mistakes. I meant Equal Protection Clause, not Equal Rights Clause. Thanks for the correction.

That was MY error, not Harriet Miers. She said "Equal Protection Clause," which is the right terminology.

It's just the right clause to cite when talking about the one-man, one-vote thingee. That's the republican form of government clause.

I guess a case could be made that the EPC sort of implicates that idea too. Still.


posted by Ace at 01:33 PM
Comments



The ledge is getting crowded.

But let's not overreact. So she doesn't know basic constitutional law. So what? YA FUCKIN' ELITIST.

Posted by: Allah on October 20, 2005 01:36 PM

Another dollar, down Ye Olde Crappe Hole.

Posted by: Monty on October 20, 2005 01:37 PM

For every dollar Monty withdraws, I'm donating two.

Posted by: Phinn on October 20, 2005 01:43 PM

SOLID B+++!!!

The president has obviously made a great pick here. Sure, she's not perfect, but we have to trust the president.

Now, I've got to go make a sandwich.

Posted by: Hugh Hoowit on October 20, 2005 01:43 PM

Speaking of not knowing basic constitutional law -- the "Equal Rights Clause"?

How much looser does shit get than that?

Posted by: Allah on October 20, 2005 02:23 PM

I was bracing myself for a big bite of Hubris' shit sandwich when Miers took her place on the bench, but I'm actually starting to think she might not get confirmed.

I mean, the expectations for her performance in the confirmation process are so low they're practically subterranean, and so far she's failing to meet them. And George Will has decided to do another column on the nomination, apparently on the grounds that his last piece was a little too ambiguous. This just gets messier with every passing day.

Posted by: utron on October 20, 2005 02:54 PM

Allah beat me to it.

The "Equal Rights Clause?"

What happened to those vaunted "layers upon layers of fact-checking?"

Oh, sorry....

Posted by: SWLiP on October 20, 2005 02:55 PM

Lani Guiner's proportional vote for minorities should be read as proportional voting for THE minority; minorities in the political sense, not racial.

Apparently, some European systems weight the voting in elections so it's not as winner-take-all as the American system, gives more parties say in governing. Dont know much about it, dont really care, either.

But it still casts suspicion on Guinier because even if she thinks that's a keen idea, it's not part f our law and Constitution.

Posted by: Moonbat_One on October 20, 2005 03:42 PM

So, Harriet Miers, whose greatest gift to the court would be her organizational skills and meticulous attention to detail (so we're told) turns in her answers late and apparently half-asses them?

Posted by: V the K on October 20, 2005 03:55 PM

Ace - the one-person/one-vote principle most definitely does derive from the equal protection clause of Amend. 14. The "guaranty of a republican form of government" clause was held non-justiciable, meaning the courts cannot use it as a basis for any ruling. This holding goes back to Luther v. Borden, 48 U.S. 1 (1849) and has never been seriously questioned by anyone on either side of any constitutional debate.

Posted by: Ellsworth on October 20, 2005 04:05 PM

It's bad enough for Bush to nominate someone this pathetic, but then when she keeps crapping over her chances to actually make a decent impression, it changes to farce.

Now if we could only get CAIR opposed to her nomination, Bush might actually fold. Can't offend the religion of peace now can we.

Posted by: HowardDevore on October 20, 2005 05:24 PM

This is good news. It gives Republicans on the judicial committee some cover for voting her down.

That Democrats are favoring Miers because they fear someone "worse." This alone is proof we could have had someone "better."

By the way, Miers could demostrate some of that well-touted loyalty to Bush right about now and offer to withdraw her name from consideration.

Posted by: Steve O on October 24, 2005 10:33 AM
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