IndyLaw Net is an independent weblog written and managed by students and alumni of the Indiana University School of Law in Indianapolis, serving the IU Law-Indy community.

We welcome and encourage comments... Please check out ILN's commenting policy

Editor-in-chief, webmaster:
Lucas Sayre

Associate editors:
Karl Born

Contributors:
Karl Born
Brian Deiwert
Lucas Sayre
Kelly Scanlan
Nathan Van Sell

Links:

IU-Indy Law
Prof. Jeff Cooper
Daily Contentions
In the Agora
Commentary Track
Justin Gifford
Jelly Beans & Corduroy
Joe Delamater
Just Playin'
Obiter Dictum
Ryan Strup
The Sleepy Sage
Waiting for the Punchline
Myron's Mind
TV Law
Radio-N8

Other Law Students
IrishLaw
The Rattler
Ambivalent Imbroglio
John Branch
Phil Carter
De Novo
Paul Gutman
Kathryn Janeway
Jewish Buddha
The Kitchen Cabinet
Law Dork
letters from babylon
Letters of Marque
Mixtape Marathon
Notes from the Underground
Andrew Raff
Sua Sponte
Three Years of Hell
Unlearned Hand
Waddling Thunder

Legal Academics
Jack Balkin
Jeff Cooper
Rick Hasen
LawMeme
Lawrence Lessig
Eric Muller
Glenn Reynolds
D. Gordon Smith
Lawrence Solum
Peter Tillers
The Volokh Conspiracy
David Wagner
Tung Yin
White Collar Crime prof blog

Other Academic-types
Andrew R. Cline
Crooked Timber
Brad DeLong
Daniel W. Drezner
Joseph Duemer
Amitai Etzioni
Rebecca Goetz
Kieran Healy
Mark A. R. Kleiman
Brett Marston
History News Network
Michael Tinkler

Other Lawblogs
Program for Judicial Awareness
Howard J. Bashman
Stuart Buck
Janell Grenier
Sam Heldman
Tech Law Advisor
Denise Howell
Ken Lammers
Legal Reader
Math Class for Poets
Nathan Newman
Statutory Construction Zone
Indiana Law Blog
Timothy Sandefur
Fritz Schranck
Stop the Bleating
TalkLeft
Pejman Yousefzadeh

Legal News
The Jurist
CNN - Law
FindLaw
Law.com
lexisONE

Sapere aude - dare to be wise
Wednesday, October 05, 2005
George Will opposes Harriet Miers
Posted 1:53 PM by Luke
His thoughts in this column seem to reflect my own concerns, which I'll state soon enough. I have reduced Will's column here to its main point, but please read the whole thing for his full support:
Senators beginning what ought to be a protracted and exacting scrutiny of Harriet Miers should be guided by three rules. First, it is not important that she be confirmed. Second, it might be very important that she not be. Third, the presumption -- perhaps rebuttable but certainly in need of rebutting -- should be that her nomination is not a defensible exercise of presidential discretion to which senatorial deference is due.

It is not important that she be confirmed because there is no evidence that she is among the leading lights of American jurisprudence, or that she possesses talents commensurate with the Supreme Court's tasks. The president's "argument" for her amounts to: Trust me. There is no reason to, for several reasons.

He has neither the inclination nor the ability to make sophisticated judgments about competing approaches to construing the Constitution....

It is important that Miers not be confirmed unless, in her 61st year, she suddenly and unexpectedly is found to have hitherto undisclosed interests and talents pertinent to the court's role. Otherwise the sound principle of substantial deference to a president's choice of judicial nominees will dissolve into a rationalization for senatorial abdication of the duty to hold presidents to some standards of seriousness that will prevent them from reducing the Supreme Court to a private plaything useful for fulfilling whims on behalf of friends.

The wisdom of presumptive opposition to Miers' confirmation flows from the fact that constitutional reasoning is a talent -- a skill acquired, as intellectual skills are, by years of practice sustained by intense interest. It is not usually acquired in the normal course of even a fine lawyer's career. The burden is on Miers to demonstrate such talents, and on senators to compel such a demonstration or reject the nomination....

Under the rubric of "diversity" -- nowadays, the first refuge of intellectually disreputable impulses -- the president announced, surely without fathoming the implications, his belief in identity politics and its tawdry corollary, the idea of categorical representation....

Still, playing the victim card clarified, as much as anything has so far done, her credentials, which are her chromosomes and their supposedly painful consequences. For this we need a conservative president?

As seen in the
National Jurist
and on
FOXNews

Indianapolis Help Wanted




Archives:
August 2003
September 2003
October 2003
November 2003
December 2003
January 2004
February 2004
March 2004
April 2004
May 2004
June 2004
July 2004
August 2004
September 2004
October 2004
November 2004
December 2004
January 2005
February 2005
March 2005
April 2005
May 2005
June 2005
July 2005
August 2005
September 2005
October 2005
November 2005
December 2005
January 2006
February 2006
March 2006
April 2006
May 2006
June 2006
July 2006
August 2006
September 2006
November 2006
December 2006
January 2007
February 2007
April 2007
May 2007
March 2010






Weblog Commenting by HaloScan.com