Comments on: Hutchison on Miers and ConLaw

by: Dr. Steven Taylor

Wed, 26 Oct 2024 01:47:56 +0000

It’s been a long day, and I am tired, so perhaps not fully coherent: but I am not saying I expect a Justice to produce a specific outcome on the commerce clause, but that judicial philosophy will result in a particular view of the commerce clause.

Where am I asking for a specific outcome?

by: Terry

Tue, 25 Oct 2024 19:53:16 +0000

I’m still not seeing how this avoids being an “outcome-based” judgement, since you are the fact that this hypothetical “best candidate” have specific interpretations of different sections of the Constitution to determine their “bonafides in Con Law.”

After all, just the other day you were scolding the Miers supporters for making “outcomes- based” judgements. Seems to me what you are doing is exactly the same thing, except you are hiding behind the figleaf of “they have to use the right process” to come to the outcome you desire.

by: Dr. Steven Taylor

Tue, 25 Oct 2024 13:28:32 +0000

But Terry, the solution to that problem is to appoint Justices who have a proper understanding of the Constitution. Clearly there are a number of Justices on the bench who do not properly interpret the constitutional principles in questions.

How can that be corrected by appointing Harriet Miers?

That isn’t incoherent at all.

by: Terry

Tue, 25 Oct 2024 03:17:27 +0000

Your argumentation on this post is incoherent.

Kelo and Raich were wrongly decided (5-4 and 6-3 respectively) by SC Justices with clear bonafides in Con Law.

So, the solution to this is to appoint someone with “bonafides in Con Law?”

Or, possibly you mean someone whose bonafides in Con Law demonstrate that they will acheive a certain “outcome” when deciding cases such as Kelo and Raich?

by: SoloD

Mon, 24 Oct 2024 17:21:18 +0000

I think we have pretty much established that Kay Bailey will be the next nominee when Miers withdraws.

by: A Stitch in Haste

Mon, 24 Oct 2024 15:33:46 +0000

Miers Nomination: “Practice” Exam

Here is a sampling of the kind of questions I would like to see Harriet Miers asked during her confirmation hearings…