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Harriet Miers: Initial Reaction II

Don't expect the Senate Democrats to put up a fight on Miers. On a blogger conference call last week with Sen. Harry Reid (I wrote about it here), he told us he asked the President to consider Harriet Miers. (Update: Here are his exact comments, thanks to Sam Rosenfeld at Tapped, who also was on the call. Sen. Reid's comments were in response to a question I asked him about his thoughts on who Bush would pick for the next nominee.)

I personally think that I would like to see someone who has not had judicial experience. I think that we need somebody to go on that Court in the mold of the people on the Berger court, people who have not spent their lifetime holed up in some office writing opinions and reading briefs. One of the people that’s being talked about is Harriet Miers, his own lawyer. At the meeting we had with the president last week, we were in the office he has there; I was there, Frist was there, Leahy was there, and Specter was there, plus Andy Card and the vice president. I said, “The vice president got here in a very unusual way. He was chosen by you to find a candidate to be your vice president. You liked the person in charge of finding a candidate better than the people he chose.” I said, “I think that rather than rather than looking at the people your lawyer’s recommending, pick her.” ...

The reason I like her is that she’s the first woman to be president of the very, very large Texas bar association, she was a partner in a law firm, she’s actually tried cases, she was a trial lawyer, and she’s had experience here. I could accept that. And if that fits into the cronyism argument, I will include everybody as a crony, but not her, when I make my case.

My initial reaction to her nomination: Relief. I served with Ms. Miers on the Martindale Hubbell-Lexis Nexis Legal Advisory Board for a few years. She resigned in 2000. Here's her bio as of that time (from the 1999-2000 board year):

HARRIET E. MIERS, Co-Managing Partner of Locke Liddell & Sapp LLP, has previously served as President and director of the State Bar of Texas as well as President and Chairman of the Board of Directors for the Dallas Bar Association. She is currently a member of the House of Delegates for the American Bar Association and State Delegate for the State of Texas. Ms. Miers also serves as a Trustee of the Southwestern Legal Foundation, a member of the Executive Board for the Southern Methodist University School of Law and Chair of the Texas Lottery Commission.

I didn't get to know her well, but we sat next to each other for several hours at the last meeting she attended and I liked her. We only talked law, not politics, but she won me over - and I was pre-disposed not to like her, that being the year that Bush was running for President and knowing she was his personal lawyer.

The other members of that Board at that time, at least four of whom are former ABA Presidents (including Martha Barnett who is quite progressive on women's and social issues)know Ms. Miers from her ABA work and spoke very highly of her.

My opinion could change should additional information surface that she is a Thomas or Scalia, but I don't think that will be the case. Compared to some of those under consideration he might have chosen, like the ultra-conservative 4th Circuit judges or Priscilla Owen or Janice Rogers Brown, Ms. Miers is a far better choice.

The nominee I'm worried about, as I've said before, is the one he'll pick when Justice Stevens retires. That's when he's going to pay back the Radical Right for their support.

Update: Harry Reid on Harriet Miers:

I like Harriet Miers. As White House Counsel, she has worked with me in a courteous and professional manner. I am also impressed with the fact that she was a trailblazer for women as managing partner of a major Dallas law firm and as the first woman president of the Texas Bar Association. “In my view, the Supreme Court would benefit from the addition of a justice who has real experience as a practicing lawyer. The current justices have all been chosen from the lower federal courts. A nominee with relevant non-judicial experience would bring a different and useful perspective to the Court. “I look forward to the Judiciary Committee process which will help the American people learn more about Harriet Miers, and help the Senate determine whether she deserves a lifetime seat on the Supreme Court.”

I agree with Markos of Daily Kos. This is a win for Democrats and a loss for the Radical Right.

Update: Two more positive items about Ms. Miers from this bio:

Similarly, she has served as the chairwoman of the Legal Services to the Poor in Civil Matters Committee of the State Bar of Texas. .... while she served as President of the State Bar of Texas, Ms. Miers also logged 125 pro bono hours handling an immigration and naturalization case for Catholic Charities of Dallas.

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