Schadenfreude
Schadenfreude is one of those wonderful German compound words, in this case coming from Schaden and Freude, damage and joy. In this case, I'm taking joy in conservatives tearing apart President Bush over his new nominee for the Supreme Court, Harriet Miers. Many conservative commentators are sharpening their knives over Harriet Miers. Some people were pissed about John Roberts and his lack of history, but at least had some qualifications: a fantastic legal mind and a loyal Republican. They are even more pissed about Miers, who seems to have been picked because she is 1) a woman, and 2) a friend of the president.
The esteemed SCOTUSblog points out that among the worst Supreme Court Justices were a result of cronyism. In a post Michael Brown/Katrina world, it's hard to escape that charge, in light of Miers' background. She is currently White House Counsel, was Deputy Chief of Staff, was Staff Secretary, and in Bush's Texas days, was a loyal political soldier in various ways. Sure, she's contributed money to Al Gore for 2000, but I don't think anyone could seriously contend she's not closely associated with the President. According to David Frum, she's called the President Bush the most brilliant man she has ever met. Probably not an objective assessment.
I am surprised that President Bush compares her to Justice Byron White, saying that Byron White was never a judge either. Well, at least Bush isn't picking people based on them being good running backs for the Steelers or the Lions. White was a Democrat but wasn't an idealogue. For example, he was in the majority in Griswold v. Connecticut with its famous "penumbras", but he dissented from Roe v. Wade. I have a feeling President Bush isn't fond of Justice White, so why drop his name? Why not the late William Rehnquist, who wasn't a judge before he was nominated to be an Associate Justice by Nixon? However, the President does raise a good point in that many Supreme Court Justices were not previously judges. Earl Warren, who grew up in Bakersfield, California, was never a judge before his nomination. In recent memory, Justices Abe Fortas, Lewis Powell, Arthur Goldberg, Robert H. Jackson, Harold Burton, and Tom Clark never sat on the bench. So you get the worst (Harold Burton) and the best (Earl Warren) from people who have no legal experience. Incidentally, Earl Warren became Chief Justice because President Eisenhower owed him a political favor, so cronyism is by no means unprecedented.
I do wish people who like to add in their two cents about the nomination process would study their history. Senator Kay Bailey Hutchinson of Texas was on NPR this morning saying she was pleased with the President's choice, that Harriet Miers was of a different background, and not from the Northeast or the Beltway. How quickly we forget. Sandra Day O'Connor was born in Texas, lived most of her life in Arizona, and went to school with William Rehnquist at Stanford. Anthony Kennedy was born and raised in California, and even though his law degree is from Harvard, is undisputedly a Californian. I could go on with each of the Justices. Maybe Hutchinson just doesn't like the Harvard-Yale-Stanford trinity of law schools, of which Meirs' alma mater, Southern Methodist University, is definitely not a member. According to the most recent US News & World Report ranking, SMU is #52. As I already said in a previous post, I'm glad to see someone not from those three schools. A Penn alumnus would be good. However, considering Representative Tom Delay and President Bush, maybe there's enough Texans in government. Unless President Bush is one of those Northeasterns Hutchinson was railing against?
The esteemed SCOTUSblog points out that among the worst Supreme Court Justices were a result of cronyism. In a post Michael Brown/Katrina world, it's hard to escape that charge, in light of Miers' background. She is currently White House Counsel, was Deputy Chief of Staff, was Staff Secretary, and in Bush's Texas days, was a loyal political soldier in various ways. Sure, she's contributed money to Al Gore for 2000, but I don't think anyone could seriously contend she's not closely associated with the President. According to David Frum, she's called the President Bush the most brilliant man she has ever met. Probably not an objective assessment.
I am surprised that President Bush compares her to Justice Byron White, saying that Byron White was never a judge either. Well, at least Bush isn't picking people based on them being good running backs for the Steelers or the Lions. White was a Democrat but wasn't an idealogue. For example, he was in the majority in Griswold v. Connecticut with its famous "penumbras", but he dissented from Roe v. Wade. I have a feeling President Bush isn't fond of Justice White, so why drop his name? Why not the late William Rehnquist, who wasn't a judge before he was nominated to be an Associate Justice by Nixon? However, the President does raise a good point in that many Supreme Court Justices were not previously judges. Earl Warren, who grew up in Bakersfield, California, was never a judge before his nomination. In recent memory, Justices Abe Fortas, Lewis Powell, Arthur Goldberg, Robert H. Jackson, Harold Burton, and Tom Clark never sat on the bench. So you get the worst (Harold Burton) and the best (Earl Warren) from people who have no legal experience. Incidentally, Earl Warren became Chief Justice because President Eisenhower owed him a political favor, so cronyism is by no means unprecedented.
I do wish people who like to add in their two cents about the nomination process would study their history. Senator Kay Bailey Hutchinson of Texas was on NPR this morning saying she was pleased with the President's choice, that Harriet Miers was of a different background, and not from the Northeast or the Beltway. How quickly we forget. Sandra Day O'Connor was born in Texas, lived most of her life in Arizona, and went to school with William Rehnquist at Stanford. Anthony Kennedy was born and raised in California, and even though his law degree is from Harvard, is undisputedly a Californian. I could go on with each of the Justices. Maybe Hutchinson just doesn't like the Harvard-Yale-Stanford trinity of law schools, of which Meirs' alma mater, Southern Methodist University, is definitely not a member. According to the most recent US News & World Report ranking, SMU is #52. As I already said in a previous post, I'm glad to see someone not from those three schools. A Penn alumnus would be good. However, considering Representative Tom Delay and President Bush, maybe there's enough Texans in government. Unless President Bush is one of those Northeasterns Hutchinson was railing against?
posted by Pettifogger | 11:27 AM
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