Harriet miers's ONLY Constitutional case: Today's Wall St Journal

[AirAmFan]

offers an interesting article in its short daily online "freebies" list, at
http://online.wsj.com/public/article/SB112864645334762361-Sj2_Gofu_kpjkW4C082xxUY4W_E_20061006.html?mod=public_home_us .

Miers and her co-counsel took a VERY EXPANSIVE stance on the meaning of the constitution. Does this sound like "STRICT CONSTRUCTION" to you?

"Obscure Texas Case Offers Peek Into Role Of Court Nominee

Amid 2000 Election Turmoil, Harriet Miers Took On A Constitutional Battle

By JESS BRAVIN Staff Reporter of THE WALL STREET JOURNAL October 7, 2005

WASHINGTON -- President Bush cites many accomplishments of Harriet Miers to explain her nomination to the Supreme Court. One the White House doesn't mention is her successful argument during the disputed 2000 election that Dick Cheney is definitely not a Texan. The way she did that was striking: Her legal team successfully persuaded a judge to take what her brief described as a "broad and inclusive" reading of the Constitution. That runs counter to a conservative tradition of legal interpretation that calls for a relatively narrow reading of constitutional texts. President Bush has long championed that philosophy, and much of his conservative base -- now hungry for clues about the little-known Ms. Miers -- has been eager for a Supreme Court nominee in that mold.

Because Ms. Miers, now the White House counsel, has so rarely tackled big constitutional issues in her career, the case offers an unusual -- if limited -- glimpse into her legal background. The section of the Constitution at issue is the relatively obscure 12th Amendment, overshadowed by its neighbor, the 13th, which abolished slavery after the Civil War. Ratified after the disputed 1800 election, the 12th lays out a number of regulations for the Electoral College. The rule in question says a state's delegation can't vote for presidential and vice presidential candidates who are both from electors' home state. ... the plaintiffs also alleged that Mr. Cheney lived in Dallas as chief executive of Halliburton Co. Mr. Cheney contended he was a Wyomingite....

Mr. Aufhauser, Ms. Miers's co-counsel, suggested that whatever the 12th Amendment might have meant in 1804, the provision's meaning had, in effect, evolved with modern society. "Differences between the year 1800 and 2000 is more than two centuries, it's light years," said Mr. Aufhauser, noting the "rapidity with which each of us have changed addresses from schools and college to various marriages and jobs." That's a style of legal interpretation more commonly associated with liberal-leaning judges. Mr. Bush later appointed Mr. Aufhauser general counsel of the Treasury Department. He is now global general counsel of UBS AG, an investment bank. In an interview, Mr. Aufhauser says his argument is "perfectly reconcilable with an orthodox reading of the Constitution." ...

"When I hear that Ms. Miers doesn't have any constitutional-law experience, that one really comes to mind," says Ms. Clements. Of the nine Supreme Court justices, Ms. Miers "might be the only one who's argued a 12th Amendment case before an appellate court.""

[Atman]

1. Just more proof that republicans rule by sloganeering, not truth

They'll say anything. They make up shit, they spout crap developed in focuse groups and marketing departments, designed to appeal to a target audience, but which rarely has anything to do with their real positions.

The republicans are a party of liars by nature. They don't know any other way, because the truth they belief is so full of shit, only flies would buy it.

[AirAmFan]

3. Her REAL experience is shielding givers and takers of illegal kickbacks--

whether they're used car dealers, Governors, or "consultants" for state lotteries. What a no-talent crook!

[KC21304]

2. This is really hilarious. I can't wait until

Ms. Meirs is asked about her one constitutional-law experience. Of course Bush-Cheney can find a constitutional provision irrelevant when it suits their purposes. Strict constructionists my rear end.

[AirAmFan]

4. She'll have to worry about Specter's questions just as much as Kennedy's

[AirAmFan]

5. .