October 20, 2005
Ugh

This Miers thing is not getting any better.

several constitutional law scholars said they were surprised and puzzled by Miers's response to the committee's request for information on cases she has handled dealing with constitutional issues. In describing one matter on the Dallas City Council, Miers referred to "the proportional representation requirement of the Equal Protection Clause" as it relates to the Voting Rights Act.
Problem is there is no proportional representation requirement in the Equal Protection Clause. Even a liberal like Cass Sunstein, who loves penumbras and emanations, can't find it.
"There is no proportional representation requirement in the Equal Protection Clause," said Cass R. Sunstein, a constitutional law professor at the University of Chicago. He and several other scholars said it appeared that Miers was confusing proportional representation -- which typically deals with ethnic groups having members on elected bodies -- with the one-man, one-vote Supreme Court ruling that requires, for example, legislative districts to have equal populations.

Posted by Jonathan R. on October 20, 2005 02:51 PM
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From Amendment 14 section 2 of the U.S. Constitution:

Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Now, section 1 of Amendment 14 is the "equal protection clause". Think she was in the right ballpark but maybe missed the mark a bit? Human and makes mistakes? Not an idiot that you should cite perplexed leftists about?

Posted by: The Valiant Elephant [TypeKey Profile Page] at October 20, 2005 03:27 PM


McConnell, Luttig, Owen, Jones, Brown, Garza, Estrada...the list of exceptional conservatives with actual qualificiations for the High Court is lengthy. Nobody but Miers's client would have put her on the list. She admitted she needs to learn about the Constitution. The President is a human and fallible; he bombed this one. There is nobody outside the Oval Office who would claim she is the most qualified person for this nomination. One can still be a Republican and acknowledge this simple fact.

Posted by: Jonathan R. at October 20, 2005 04:42 PM


.the list of exceptional conservatives with actual qualificiations (sic) for the High Court is lengthy.

But thanks to efforts like yours to weaken the party, none of those would have escaped a filibuster - which the now-weakened Republicans could not have broken. So any or all of those on your list would have been defeated. You can take much of the credit for that.

Nobody but Miers's client would have put her on the list.

Really? You believe that? Or are you just not telling us the truth?

...he bombed this one.

So says you, but we already know where you stand - meat axe and all.

There is nobody outside the Oval Office who would claim she is the most qualified person for this nomination.

Same question as before. Your not fudging the truth, just a teensy-weensy bit here are you?

One can still be a Republican and acknowledge this simple fact.

It is not a "simple fact" - its a charge you've cooked up to attack the President and the party. You may call yourself a Republican - but that's not what I'd call you. Not by a long shot.


Posted by: Reverend Scaramonga [TypeKey Profile Page] at October 20, 2005 05:03 PM


Notice how he completely avoided the information I brought up, Scaramonga?

Posted by: The Valiant Elephant [TypeKey Profile Page] at October 20, 2005 05:17 PM


Notice how he completely avoided the information I brought up, Scaramonga?

When you've got nothing, you bring nothing.

Posted by: Reverend Scaramonga [TypeKey Profile Page] at October 21, 2005 10:02 AM



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