Saturday, October 08, 2005
Re: Withdraw / Scotus
See here for my thoughts. I support the President's decision, but I thnk there were better candidates for the job. Demanding he remove the nominee doesn't seem like a good idea to me, since we know he won't do it, and it will only weaken the chances of any nominee being passed by dividing the conservative base needed. In terms of actual credentials, as long as we're flaming NR again, see here:
That being said, I would have liked him to go balls out and choose Janice Rogers Brown myself.
If you leave out the departing O’Connor, the only Justice with any significant private practice experience left on the Court is Kennedy, at about 14 years. Souter and Scalia had a handful of years right out of law school; believe me when I tell you that doesn’t count. Thomas had a couple of years in-house at Monsanto between government positions. Roberts had 10 years at Hogan & Hartson, but as I understand it, it was exclusively appellate work, which only barely counts.
J. Harvie Wilkinson (my Con Law professor years ago) has no private practice experience. Michael Luttig had about 4 years.
Miers, by contrast, has over 25 years as a commercial litigator. Though I’ve seen some of the derisive comments about the intellectual rigor of that branch of the profession as compared to the supposedly more rarified field of Constitutional Law, that is nonsense. A good commercial litigator’s practice is, in fact, one of the most intellectually challenging careers in the profession. Every case, every business you represent, and every deal is different. You have to explain unfamiliar and complex commercial issues (which are found in both “large” and “small” cases) to judges and juries.
That being said, I would have liked him to go balls out and choose Janice Rogers Brown myself.
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