This is embarassing:
The Supreme Court nomination of Harriet E. Miers suffered another setback on Wednesday when the Republican and Democratic leaders of the Senate Judiciary Committee asked her to resubmit parts of her judicial questionnaire, saying various members had found her responses “inadequate,” “insufficient” and “insulting.”
Senators Arlen Specter of Pennsylvania, the committee chairman, and Patrick J. Leahy of Vermont, the senior Democrat, sent Ms. Miers a letter faulting what they called incomplete responses about her legal career, her work in the White House, her potential conflicts on cases involving the administration and the suspension of her license by the District of Columbia Bar…
The letter asked Ms. Miers to respond within a week. Mr. Specter said he had scheduled hearings on her confirmation to begin Nov. 7, overruling Democratic objections that they did not have enough information to evaluate her because of her scant record on constitutional issues before joining the White House. Both Mr. Specter and Mr. Leahy said they would not set any deadline for the conclusion of the hearings.
“If the questions are not answered or their answer is incomplete, as they have been, then it’s going to be a long hearing indeed,” Mr. Leahy said.
Veteran senators and aides said they could not recall another occasion when the committee had sent back a nominee’s answers to a questionnaire because they were incomplete. Former Senator Daniel R. Coats of Indiana, the administration’s appointed guide for Ms. Miers on Capitol Hill, defended her answers in the Senate questionnaire as a work in progress.
Of course, it makes me sexist and elitist to note this. Yesterday, Judge Bork, who knows a thing or two about being treated unfairly and probably would be inclined to give someone the benefit of the doubt if they deserved it, discusses some of the problems with this nomination:
There is a great deal more to constitutional law than hostility to Roe. Ms. Miers is reported to have endorsed affirmative action. That position, or its opposite, can be reconciled with Christian belief. Issues we cannot now identify or even imagine will come before the court in the next 20 years. Reliance upon religious faith tells us nothing about how a Justice Miers would rule. Only a commitment to originalism provides a solid foundation for constitutional adjudication. There is no sign that she has thought about, much less adopted, that philosophy of judging…
By passing over the many clearly qualified persons, male and female, to pick a stealth candidate, George W. Bush has sent a message to aspiring young originalists that it is better not to say anything remotely controversial, a sort of “Don’t ask, don’t tell” admonition to would-be judges. It is a blow in particular to the Federalist Society, most of whose members endorse originalism. The society, unlike the ACLU, takes no public positions, engages in no litigation, and includes people of differing views in its programs. It performs the invaluable function of making law students, in the heavily left-leaning schools, aware that there are respectable perspectives on law other than liberal activism. Yet the society has been defamed in McCarthyite fashion by liberals; and it appears to have been important to the White House that neither the new chief justice nor Ms. Miers had much to do with the Federalists.
*** Update ***
‘Ms. Attention to Details’ has had her law license suspended. Twice:
In other words, the person the president has nominated for the Supreme Court — the person Bush said is the single most qualified person in America for this position — has had her law license suspended twice.
Also note that one of the principal talking points for Miers is her allegedly legendary attention to detail. Think Progress reminds us that Attorney General Alberto Gonzales, among others, said Miers would do well on the high court because she is “very detail oriented” and “very meticulous.”
Except, that is, when it comes to keeping her law license up to date.