Dark Bilious Vapors

But how could I deny that I possess these hands and this body, and withal escape being classed with persons in a state of insanity, whose brains are so disordered and clouded by dark bilious vapors....
--Rene Descartes, Meditations on First Philosophy: Meditation I

Home » Archives » October 2005 » More Fun with Miers and Litmus Testing

[« Another GEM on Miers...] [The Pre-Indictment GOP WHINING... »]

10/18/2005: More Fun with Miers and Litmus Testing


The only way out of this mess is for GOP senators to ask and to require Miers to answer, as a condition of confirmation direct questions about her judicial philosophy and its application to concrete constitutional issues. Republicans should test Miers' core legal principles. And if she fails the test, or refuses to take it, they can vote against her.

The administration's stealth strategy assumes that it is improper for senators to ask, or for a nominee to answer, a question about Roe vs. Wade or any other substantive constitutional question. This has things exactly backward. The Constitution not only permits such questioning, it arguably requires it. Although the Constitution makes judges independent after appointment, it sets up an explicitly political appointment process before a judge is approved. Why on Earth would determining a nominee's approach to interpreting the Constitution be thought to be out of bounds, before giving her a lifetime appointment to do exactly that?

Is there any line of inquiry that the Constitution does not permit? Yes. It would be improper to try to exact a pledge as to how a nominee will rule in future cases. As long as the inquiry stops short of that, it does not violate the Constitution's protection of judicial independence, nor does it violate judicial ethics. Parties before the courts are entitled to judges who will consider their cases without bias. But they are not entitled to judges who have no views of the law. An open mind is one thing; an empty head is another.

We would go one step further. The most useful way of discovering a nominee's views is through "litmus tests." One question would yield the maximum information about a nominee's judicial philosophy (without requiring a commitment as to any future ruling): "What do you think of Roe vs. Wade"? The answer could explain her theory of constitutional interpretation, her views on the judicial invention of rights not set forth in the Constitution, her views on when courts should follow precedent, and her views about the judiciary's role in our constitutional system.

-- Michael Stokes Paulsen and John Yoo: Make Miers pass a 'litmus test'.

Hmmm, even John "Torture Memo" Yoo wants a "litmus test" of Conservative philosophy of Constitutional interpretation from Miers before confirming her to the Supremes.

Karen on 10.18.05 @ 08:31 AM CST



[ | ]

October 2005
SMTWTFS
      1
2345678
9101112131415
16171819202122
23242526272829
3031     



Home
Archives
Archives of Blogger site
Archives: May '04-Feb '05
Archives: Feb-March '05



RSS 1.0 FEED
Powered by gm-rss

Len's sidebar:
About Len (The uncondensed version)
Memorial to a dear friend
Frederick W. Benteen
The Web of Leonards
The St. Louis Cardinals
The Memphis Redbirds
The St. Louis Browns
The Birdwatch
Hey! Spring of Trivia Blog
BlogMemphis (The Commercial Appeal's listing of Memphis blogs)
The Guide to Life, the Universe, and Everything
George Dubya Bush Blows
asshat.org (be sure to refresh your window for more "wit and wisdom" from Our Beloved Leader)
Taking the Fight to Karl
Main and Central (blog by, for and about veterans and their issues)
Kraftwerk: Chicago, 6/4/2005
My Chicago: Part One
My Chicago, Part Two
Millennium Park
Miscellaneous Chicago
Busch Stadium Tour and BoSox/Cards Game: 6/6/2005
St. Louis Cardinals Hall of Fame Museum
Len's All-Busch Stadium Team (and the voting results)
BP's Postseason Odds (Monte Carlo Simulations)

Len's extended blogroll:

Brock's Sidebar:
About Brock
The Agitator
Agoraphilia
apostropher
Armchair Capitalists
Battlepanda
Boing Boing
Brad DeLong
Crooked Timber
The Decembrist
Dispatches from the Culture Wars
Fafblog
Flypaper Theory
Heretical Ideas
John and Belle Have a Blog
Jon Rowe
Lawyers, Guns, and Money
Literal Minded
Majikthise
Marginal Revolution
Matthew Yglesias
Oliver Willis
Orin Kerr
Pandagon
Pharyngula
Political Animal
Signifying Nothing
Unfogged
Unqualified Offerings

Moonbat Icon

Karen's Sidebar
About Karen
The Ig-Nobel Prizes
The Annals of Improbable Research
The Darwin Awards
EBaums World
Real Clear Politics
U.S. News Wire
Foreign Affairs
The Capitol Steps
Overlawyered
Engrish
Legal Affairs
Nobel Laureates for Change
Program On International Policy
Law of War
Sunday Times
Media Matters
Fafblog
Is That Legal?
Discourse
Andrew Sullivan
Evolutionblog
Literal Minded
Jon Rowe
Dysblog
Freespace Blog
Thought Not
Publius Pundit
Maddox
Blog Maverick
Rosenberg Blog
Crooked Timber
GreeneSpace
EdCone.com
Conglomerate
McSweeney's

The Rocky Top Brigade:



A New Memphis Mafia


The Old Memphis Mafia

The liberal alternative to Drudge.

Get Firefox!




Take the MIT Weblog Survey

Len supports:
Operation Yellow Elephant:


"Because ranting is safer than enlisting"
Operation Yellow Elephant Blog

The Rebel Alliance of Yankee Haters
Blue Squadron (NL)
Babalu (Marlins)
Leaning Toward the Dark Side (Mets)
Ramblings' Journal (Cubs)
Mediocre Fred (Brewers)
Len Cleavelin (Cardinals)
Red Squadron (AL)
Obscurorama (Red Sox)
Frinklin Speaks (Mariners)
Steve Silver (Twins)
Steve the Llama Butcher (Red Sox)
Rob the Llama Butcher (Rangers)
MoatesArt (Red Sox)
Rammer (Tigers)
JawsBlog (Indians)
Ubi Libertas (Blue Jays)
Oldsmoblogger (Indians)
Mass Backwards (Red Sox)
Unassigned
Industrial Blog
Cry Freedom





Blogrings/Blog indexes/Blog search:
« ? Verbosity # »


Listed on Blogwise
Blogarama - The Blog Directory
Popdex
Popdex Citations
Technorati
Blog Search Engine



Greymatter Forums Weblog Commenting and Trackback by HaloScan.com
template by linear