The Jaker

Mostly rational politics, with occasional rants about how a few crazy Republicans are ruining the country.

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Friday, October 21, 2005
Bush's argument makes no sense to me
Here's something that I find confusing. Start with Bush's standard line yesterday on Miers and the SC:

President Bush said yesterday it is an asset that Miers has never been a judge. "I thought it made a lot of sense to bring a fresh outlook of somebody who's actually been a very successful attorney and . . . a pioneer for women lawyers in Texas," Bush told reporters at the White House. He said Miers will answer all the senators' questions, and "out of this will come a clear picture of a competent, strong, capable woman" who "is not going to legislate from the bench."

What I don't get is why someone's "fresh outlook" is valuable on a court that doesn't legislate. Presumably if Bush wants them not to legislate, what he does want them to do is adjudicate the constitutionality / unconstitutionality of laws and practices. How does being pioneering or "fresh" help when that's basically an academic exercise?

In other words, real-world experience is clearly valuable for creating and fine-tuning laws, but not nearly as valuable for deciding if they fit in with the Constitution, especially if you believe in enforcing the Constitution strictly as it was written.

posted by CB @ 12:10 PM  
  • At 5:27 PM, Anonymous Anonymous said…

    I fully agree, Coilin

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