A REPLY TO DANIEL

Daniel,

First of all, I never said she was an unqualified attorney. She may very well be a great attorney. However, that does not mean she will be a good judge. I have personally seen great trial attorneys and otherwise fine Marine officers moved to the bench where they performed in a less than stellar manner. The Supreme Court is not the place for on the job learning. Since a positive judicial temperament is one of the more roundly accepted qualities expected of a Supreme Court nominee I fail to see how Miers can adequately be evaluated in this area since she has never been a judge. You accurately point out that many prior justices had not been judges before their appointment but that fact alone does not mean that the prior practice was an advisable one. Aside from some anecdotal evidence, some of which hardly helps your point (Taney was the author of the worst decision in Supreme Court history, Dred Scott), you fail to demonstrate why a lack of judicial experience is acceptable in a Supreme Court nominee.

Given the vast number of imminently qualified jurists of established academic and intellectual accomplishments that were simply passed over in favor of Bush’s personal attorney Grim is absolutely right to raise the cry of cronyism.

Also see my post over at Southern Appeal as to why this nomination was so bad.

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