Some Insights About Harriet Miers

By 

Jay Sekulow

May 23, 2011

3 min read

ACLJ

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Ive had a chance over the last few days to defend the nomination of Harriet Miers on a number of the major news programs.  Last night, I took out my yellow legal pad and wrote down some general thoughts of why I think the nomination of Harriet Miers will be good for the country and for the Supreme Court. 

 

*           If one steps away from the sound byte criticism of Supreme Court nominee Harriet Miers, a picture emerges of a well-qualified lawyer being nominated for the Supreme Court of the United States.

 

*          The current Court all came from what President Bush aptly described as the judicial monastery.  No Justice currently serving on the Court has had real trial experience.  However, Harriet Miers has not recently left some academic institution or the cloistered courtrooms of America.  She has tried cases, served on city councils, and handled complex litigationincluding providing daily legal advice to the President of the United States. 

 

*           Harriet Miers is not immune from constitutional law.  As White House Counsel, she deals with the Constitution every day.  Whether regarding separation of powers, executive privilege, or the war on terror, Harriet Miers is the lead lawyer for the President of the United States.  She is serving in this capacity during one of the most critical times in United States history where complex legal issues are a daily occurrence at the White House.

 

*           Harriet Miers has been twice named as one of the 100 most influential lawyers in America by The National Law Journal.  The listing by The National Law Journal is one of the most respected legal publications in the United States.

 

*           Harriet Miers comes to the nomination with tremendous integrity.  She has the experience of being the president of the Texas Bar, the managing partner of her law firm where she was responsible for the legal work of 250 lawyers.  She has been a real trailblazer.

 

*           True, Harriet Miers has never served as an appellate court judge; but in this respect, shes in great company.  The late Chief Justice William Rehnquist was elevated to the Supreme Court of the United States from a legal stint at the Department of Justice.  The same is true of Byron White; and Lewis Powell, who was a former ABA president, went from private practice to the Supreme Court.  No one would argue that these Justices did not serve with honesty, integrity and great legal insight.

 

*           The President knows Harriet Miers well.  He knows that she has a conservative judicial philosophy, that she is not going to legislate from the bench, and that her opinions will not be used to cast social policy.  In short, Harriet Miers will strictly interpret the Constitution and the President knows that.

 

*           It will be refreshing to see a practicing lawyer, a trailblazer, one who has common sense and who has handled real legal problems for real people serve in our nations highest court.  Harriet Miers has been a dedicated public servant, and I have no doubt that she will be a dedicated Supreme Court Justice.