W., Harriet Miers, And Affirmative Action
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November 11, 2010, 06:56 PM
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In his recently published autobiography, Decision Points, George W. Bush defends his choice of Harriet Miers as a replacement for Sandra Day O`Connor. Lawblogger Professor Bainbridge, who fought the Miers nomination at the time, says W`s Still Wrong About Harriet Miers.

There are a number of things wrong with Bush`s profoundly unconservative nomination of Miers.(How profoundly unconservative was it? Well, when you consider that David Frum thought she wasn`t reliably conservative...)

But the first thing wrong with it was that he attempted to nominate a woman to replace Sandra Day O`Connor.

There was no need to nominate a woman—if asked, W. could have said that while the Supreme Court is supposed to decide on affirmative action and quotas, there`s no need for them to appointed on that basis. If pressed, he could have said "What is there about the careers of Sandra Day O`Connor or Ruth Bader Ginsburg to make any Republican President repeat Ronald Reagan`s experiment of putting a woman on the court?"

But that wouldn`t have been W. No, since people are asking, I don`t miss him.