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Harriet Miers: Strong Supporter of Indigent Defense

Via Sentencing Law and Policy and How Appealing, comes more evidence that Harriet Miers has long been a strong supporter of legal services to the poor. Professor Berman asks:

These issues are, of course, interesting as a matter of criminal justice policy, but they are also potentially significant as a matter of constitutional doctrine. More than a few academics have forcefully advocated that some indigent defense systems are per se constitutionally ineffective because of a lack of adequate funding. Might a Justice Miers be more sympathetic to claims of this sort — or ineffective assistance of counsel claims more generally — than some of her future colleagues?

Related post on published letter on the topic here.

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    Re: Harriet Miers: Strong Supporter of Indigent D (none / 0) (#1)
    by Justina on Sat Dec 17, 2005 at 01:04:42 PM EST
    There is evidence in Miers' biography that she has shown a long term commitment to the provision of legal defense services to the poor. This is not a typical right wing concern Her religious history indicates that she might actually practice some of the "Christian virtues" given so much lip service by the Christian right by helping the poor. This may suggest that, unlike her narcissist president, she might actually cares about human beings. Women who became successfuly lawyers in the 70's and 80's had to be three times as smart and work ten times as hard as their male peers. I expect she will be extremely conscientous in learning what she needs to know at the Supreme Court level. Considering the right wing ideologues which Bush might put forth, her lack of formal credentials is irrelevant. Bush wants to put her on the S. Ct for one reason only -- she is loyal to him. Her background does not bespeak a similar loyalty to extreme right wing ideology. When Bush leaves office to return to his drinking career, he won't be paying any attention to how Miers votes on the S. Ct. She'll be free to decide as she wants. I doubt very much she will be a Scalia or Thomas. If the Miers nomination is defeated, the great likelihood is that we could get stuck with someone very much worse. But the most positive factor in favor of Miers is that she is a Bush "crony". She has worked closely with Bush for over ten years. During that time it is highly likely that she directly participated in some of his most impeachable offenses, and it is equally likely that she committed a few impeachable offenses on her own. In other words, once we have regained a Democratic majority in Congress and investigations of Bush felonies proceed, there is a good likelihood that evidence will arise to justify her impeachment. This would be far less likely with other possible Bush S. Ct nominees who aren't Bush "cronies". We need to put her on the bench because, if she turns out to be extremely reactionary, we may be able to kick her off. Democratic questioning during her Senate hearings should concentrate on nailing her down on possible criminal issues in the Bush administration. Her loyalty is such that she will likely to protect Bush. The questioning should be used to set her up for perjury charges to be pursued when Democrats have the power to do so. Her hearings could be a gold mine. Let's hope the Democrats on the Judiciary Committee aren't so busy making grandiose p.r. statements that they forget to ask the questions that could ultimately work to remove her from the S. Ct.

    Re: Harriet Miers: Strong Supporter of Indigent D (none / 0) (#2)
    by squeaky on Sat Dec 17, 2005 at 01:04:43 PM EST
    Justina-Great points!!! couldn't agree more. I particularly love this:
    there is a good likelihood that evidence will arise to justify her impeachment. This would be far less likely with other possible Bush S. Ct nominees who aren't Bush "cronies". We need to put her on the bench because, if she turns out to be extremely reactionary, we may be able to kick her off
    Any relation to Julietta?