Miers’ online paper trail

October 3, 2005

So, you’re anxious to read up on Supreme Court nominee Harriet Miers. She has no public record, so it’s going to be a little tricky. After a cursory look, I can’t find any papers she’s published in the academic world, she hasn’t done much in the way of public speaking, and there’s no way on earth the Bush gang is going to give up her White House counsel memoranda. Just out of curiosity, I did a cursory search for articles that reference her from before today at Salon, Slate, Washington Monthly, The American Prospect, The New Republic, and the Center for American Progress. A few had a stray reference here and there, but nothing of any substance.

The online paper trail, however, includes one document of note. Miers did an online chat about a week before last year’s presidential election.

There are, alas, no blockbuster revelations here, but you can at least read about Miers support for Bush’s No Child Left Behind Law, her belief that the Alaska National Wildlife Refuge should be drilled, her praise for Bush’s efforts to “secure our borders,” and her belief that the White House budget is “a restoration of fiscal discipline.”

The whole thing is oddly partisan and rather sycophantic — and doesn’t exactly include the wisdom and insight one might hope for from a Supreme Court justice.

Two possibilities:

Bush is a Caligula, who will just keep pushing to see when the American people will finally reject his mad incompetence, and this is his equivalent of making his horse, a consul.

Bush is smarter than he looks (he’d have to be), and is throwing some meat to the lions. He knows both the Democrats and some right-wing Republicans needs to heft their cojones and reject a Supreme nominee. So, he gives them an opportunity to get it out of their systems, before foisting God’s knows what on us.

  • “The whole thing is oddly partisan and rather sycophantic….”

    The biggest concern that I have so far re: Miers is that her identity seems completely shaped by her mentor — W. That means that, at least until 2008, any time the executive branch argues before the Court (regarding detainee rights, for example) we can assume that Miers will be equally sycophantic in her opinions. The executive gets one vote even before opening arguments. Whatever one’s feelings on Roberts, you can assume that he has some of his own opinions. Would Miers recuse herself from every case involving the executive? Of course not.

    If Bush is really interested in the Founders’ constitutional intent, he’d show a bit more interest in that hallowed constitutional principle called separation of powers.

  • Did an Infotrac search just to see what came up – 22 hits in total.

    Making an impact. (profiles of 3 women lawyers active in Texas bar associations work). Susan Hildebrand. Texas Bar Journal 48.n1 (Jan 1985): p50-55.

    Interview. (with candidates for president-elect of Texas Bar) (interview). Texas Bar Journal 54.n4 (April 1991): p344(5).

    First women voted in as president-elect: Harriet Miers to serve during 1992-93. (Texas). Texas Bar Journal 54.n5 (May 1991): p410

    Harriet Miers; first woman state bar president. (Texas) (Interview). Texas Bar Journal 55.n6 (June 1992): p584(3).

    The real issue…. (mandatory pro bono) (Texas) (President’s Page). Harriet Miers. Texas Bar Journal 55.n7 (July 1992): p664

    “Justice for all – all for justice.” (provision of legal services to the poor and adequate funding for the legal system) (President’s Page). Harriet Miers. Texas Bar Journal 55.n8 (Sept 1992): p780

    Parts of the whole working together. (Texas State Bar) (President’s Page). Harriet Miers. Texas Bar Journal 55.n10 (Nov 1992):

    “What we have here is a failure to communicate.” (lawyers’ need to communicate and tolerate diversity) (President’s Page). Harriet Miers. Texas Bar Journal 56.n3 (March 1993):

    Here are some from earlier promotions:

    Bush’s choice for White House counsel careful, discreet. (George W. Bush’s judicial selection). T.R. Goldman. The Recorder (Dec 13, 2004):
    Interesting quote from a former White House employee:
    “She failed in Card’s office for two reasons,” the official says. “First, because she can’t make a decision, and second, because she can’t delegate, she can’t let anything go. And having failed for those two reasons, they move her to be the counsel for the president, which requires exactly those two talents.”

    A STRONG VOICE IN BUSH’S CHOICE; White House counsel Harriet Miers had a central role in selecting Roberts. (John G. Roberts, Jr.). Richard S. Dunham. Business Week 3946 (August 8, 2005): p34.

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