I agreed to appear on The Situation with Tucker Carlson tonight to discuss Harriet Miers. I appeared, but we did not discuss Hariet Miers. We discussed, for most of the segment, a couple of paragraphs drawn from Miers’ articles for the Texas Bar Association magazine when she was president. The video of the exchange is here. Note that Tucker does not have an opinion on Justice Scalia’s opinion in Employment Division v. Smith. What a surprise.
I am sure there are some poorly written paragraphs in Harriet Miers’ TBA columns, just as there are poorly written paragraphs in all of my books and columns. Cutting and pasting and showing these on cable television is not an argument, it is in fact part and parcel of “borking,” which includes as a tactic the selective display and exaggeration of a nominee’s quotes for the purpose of producing a negative reaction against him or her, not based in their qualification to serve on SCOTUS. As Teddy Kennedy was to Robert Bork, so Tucker Carlson is now to Harriet Miers. The difference? Kennedy’s assault was effective.
On Miers’ side to date: Ken Starr, Lino Gralia, Thomas Sowell, James Dobson, Jay Sekulow, Marvin Olasky, Chuck Colson, Michael Medved, William Rusher, R. Emmett Tyrrell and of course Fred Barnes. Against her: The Corner, Tucker Carlson, Bill Kristol, Robert Bork, Mark Levin, George Will, Ann Coulter, Laura Ingraham, Michael Savage, and Charles Krauthhammer. I like those odds.
Oh, yes. President Bush thinks she’ll make a fine Associate Justice. A strong case allows the weak case as much time as it wants. A weak case shouts down its opposite, and refuses to engage.
Miers is headed for SCOTUS, guaranteeing decades of anguished posts by members of the Bos-Wash Axis of Elitism on why her votes don’t count as much as their long ago criticisms.
Beldar for King of the LawBlogs. Even David Frum would have to admit this is a masterwork post.
Now, can someone point me to a practicing, private sector lawyer –not professor, not government lawyer– who is blogging against Miers? I am sure they are out there, but I haven’t found them.
And this by Orin Kerr is very funny. I don’t think Tucker will get it.