October 13, 2005

Testimonial Tiff

Hatched by Dafydd

It's been three days since my last post about Harriet Miers, which I think is a reasonable cooling-off period; I will continue talking about the nomination occasionally, as new issues arise -- and of course, one has just arisen, ergo....

The newest charge, and it's remarkably silly, is that she dissed the Federalist Society in 1990, when she was a defendant in a lawsuit against the Dallas City Council, of which she was a member. None of my favorite blogs has jumped on this one so far, happily enough. But I figure it's important to nip it in the bud anyway!

The lawsuit charged, evidently, that there was some racist plot to keep blacks and Hispanics off the city council. I'm not exactly sure of the facts in the case; keep them off how? It's an elected council, isn't it? But they're likely not relevant to this particular charge against Miss Miers. In the course of the trial, she was subpoenaed to testify, and the following exchange occurred (via the Drudge Report; I'll assume throughout that Drudge is accurate):

Q. Ms. Miers, are you a member of any predominantly minority organizations, such as the NAACP, Black Chamber of Commerce, Urban League or any other predominantly minority organizations?

A. Women minorities?

Q. Well, maybe predominantly racial and ethnic minorities?

A. No.

Q. . . . . In your capacity as an at-large member do you think being involved in such organizations might assist you in having a perspective that -- bring a perspective to your job that you don’t have?

A. I attend meetings designed to give me that input. However, I have tried to avoid memberships in organizations that were politically charged with one viewpoint or the other. For example, I wouldn’t belong to the Federalist Society any more than -- I just feel like it’s better to not be involved in organizations that seem to color your view one way or the other for people who are examining you. I did join the Progressive Voters League here in Dallas during the campaign as part of the campaign.

Q. Are you active in the PVL now, do you intend to be?

A. No, I am not.

Q. Do you think the NAACP and Black Chamber of Commerce are in the category of organizations you were talking about?

A. No, I don’t. . . . .

Transcript of Trial, Roy Williams et al. v. City of Dallas, No. CA-3-88-152-R, pages V-46 to V-47 (U.S. Dist. Ct., N.D. Tex. Sept. 11, 1989).

Let's get one point out of the way at the start: Miers joined the Progressive Voters League "during the campaign [for the Dallas city council]," in 1989. At that time, as Ed Gillespie has noted, she was a conservative Democrat, perhaps in the mold of former Georgian Governor Zell Miller.

(A year earlier, she had donated money to Al Gore's first presidential campaign -- back then, Gore was an ardent member -- and charter member -- of the Democratic Leadership Conference, the last attempt to lead the Democratic Party back to sanity on issues such as defense and the economy; he was not then the Rantin' Al that we all know and loathe today.)

I'm not a Texan; but my guess is that back in 1989, in Dallas (where the PVL was still strong), it was probably de rigueur for any Democrat running for local office to join the PVL during the campaign; the conservative Dems would probably just drift away after being elected, as Harriet Miers testifies she did.

So let's get to the meat: the Federalist Society, the NAACP and the Black Chamber of Commerce, and why the first could be considered "politically charged with one viewpoint or the other," while the latter two not.

First, let's just compare what the organizations themselves say. Here is the Dallas Black Chamber of Commerce:

Dallas Black Chamber of Commerce
Founded 1926

The Dallas Black Chamber of Commerce serves as an advocate for the creation, growth and general welfare of African American business in the Dallas community. The Chamber actively promotes the expansion of public/ private sector business opportunities on behalf of its members through referrals, partnerships, seminars, technical assistance and marketing. We continue to focus on economic and business development, education, convention/tourism, special projects and member services.

(The National Black Chamber of Commerce didn't exist at the time of the lawsuit, being founded three years later; but it has a similar mission statement.) This clearly is a business alliance, not an overtly political organization; it may have been hijacked by the Democrats; many such organizations are, though I don't specifically know about this one. But if so, it's an apolitical organization that was hijacked, not "politically charged with one viewpoint or the other" by its very nature.

And here is the NAACP:

Mission Statement

The mission of the National Association for the Advancement of Colored People is to ensure the political, educational, social and economic equality of rights of all persons and to eliminate racial hatred and racial discrimination....

The principal objectives of the Association shall be:

  • To ensure the political, educational, social and economic equality of all citizens
  • To achieve equality of rights and eliminate race prejudice among the citizens of the United States
  • To remove all barriers of racial discrimination through democratic processes
  • To seek enactment and enforcement of federal, state and local laws securing civil rights
  • To inform the public of the adverse effects of racial discrimination and to seek its elimination
  • To educate persons as to their constitutional rights and to take all lawful action to secure the exercise thereof, and to take any other lawful action in furtherance of these objectives, consistent with the NAACP’s Articles of Incorporation and this Constitution.

Clearly the NAA(L)CP has been hijacked by the screaming radical Left, and was, though to a lesser extent, in 1990. Arguably, the entire political approach of NAACP founding saint W.E.B. DuBois is far too aligned with the politics of aggrievement, much more so that, e.g., his great rival, Booker T. Washington. But Miers is correct that the organization itself is not overtly partisan-political in nature, any more than is the ordinary Chamber of Commerce -- despite the fact that it undeniably leans to the right.

On paper, neither of these two organizations is overtly "politically charged;" the political charge comes from the personalities who run them, not from the structure or mission. Heck, even I could get behind the mission statement of the NAACP -- if only they, themselves could!

By contrast, here is the Federalist Society:

Our Purpose

  • Law schools and the legal profession are currently strongly dominated by a form of orthodox liberal ideology which advocates a centralized and uniform society. While some members of the academic community have dissented from these views, by and large they are taught simultaneously with (and indeed as if they were) the law.
  • The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order. It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be.
  • The Society seeks both to promote an awareness of these principles and to further their application through its activities. This entails reordering priorities within the legal system to place a premium on individual liberty, traditional values, and the rule of law. It also requires restoring the recognition of the importance of these norms among lawyers, judges, and law professors.
  • In working to achieve these goals, the Society has created a conservative and libertarian intellectual network that extends to all levels of the legal community.

The difference is stark. The Federalist Society is specifically and particularly a political-advocacy organization organized against "orthodox liberal ideology" and in support of "a conservative and libertarian intellectual network" within the legal community. In its very nature, it is libertarian-conservative, and it declares liberalism its enemy.

Now, I happen to thoroughly agree with these politics. If I were a joiner, this would be the first organization I would join (the only organization of which I'm an active member is Science Fiction and Fantasy Writers of America, my professional organization). But Miers is absolutely right that the Federalist Society is "politically charged with one viewpoint or the other."

As to whether elected members of a city council should be members of such organizations, I don't see why not; but on the other hand, I was never a conservative Democrat in an increasingly liberal Democratic party, worried about getting reelected, and embroiled in a politically charged lawsuit, as Miers was at that time. At another time and place, she may well have praised the Federalist Society -- and lo and behold, she did exactly that back in April of this year, when she was not under consideration for any judgeship, and indeed no openings on the Supreme Court yet existed: Sandra Day O'Connor did not announce her retirement until July 1st.

So once again, a hurricane in a hatbox. She answered carefully, legally, and correctly under hostile direct examination in a lawsuit back when she was still a conservative Democrat in a way that was calculated not to piss off her constituency any more than necessary. That's all.

Hatched by Dafydd on this day, October 13, 2005, at the time of 3:04 PM

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Comments

The following hissed in response by: Patterico

"None of my favorite blogs has jumped on this one so far, happily enough."

How sad. I *used* to be one of your favorite blogs . . .

I talked about this almost a week ago -- the Federalist Society issue, not the NAACP issue. I'd give you the link, but I can't seem to access my site right now. It's an October 6 post, titled something about good news and bad news. You'll know it when you see it.

I suppose it's debatable whether the NAACP was "politically charged" in 1990. I haven't researched that issue, and assume they were only because I *know* it is politically charged now, and a leopard typically doesn't change its spots.

For more on the NAACP's politically charged nature, consult my blog. I can't seem to pull it up right now, but I'm certain that if you put NAACP and Julian Bond into the search engine, you'll see more than one compelling post arguing that the organization should lose its tax-exempt status due to its overt political activity. It's a no-brainer.

The above hissed in response by: Patterico [TypeKey Profile Page] at October 13, 2005 6:07 PM

The following hissed in response by: Patterico

Here is one link about the NAACP showing what I mean.

The above hissed in response by: Patterico [TypeKey Profile Page] at October 13, 2005 6:40 PM

The following hissed in response by: Dafydd ab Hugh

Patterico:

You are correct; while I read that post of yours a week ago, I didn't recall the part at the end of the quotation about the testimony.

But on the other hand, you evidently didn't read this post very well before commenting... as you appear to be under the impression that I said the NAACP was not "politically charged" in 1990 -- when I said no such thing.

So we're even!

What I wrote was:

Clearly the NAA(L)CP has been hijacked by the screaming radical Left, and was, though to a lesser extent, in 1990. Arguably, the entire political approach of NAACP founding saint W.E.B. DuBois is far too aligned with the politics of aggrievement, much more so that, e.g., his great rival, Booker T. Washington. But Miers is correct that the organization itself is not overtly partisan-political in nature, any more than is the ordinary Chamber of Commerce -- despite the fact that it undeniably leans to the right.

On paper, neither of these two organizations is overtly "politically charged;" the political charge comes from the personalities who run them, not from the structure or mission. Heck, even I could get behind the mission statement of the NAACP -- if only they, themselves could!

I know you love to nitpick, Pat; but this time, I got it covered coming and going. Like Horton, I meant what I said, and I said what I meant: the Federalist Society was founded in order to be an overtly partisan-political organization from the git-go... and the NAACP was not.

Dafydd

The above hissed in response by: Dafydd ab Hugh [TypeKey Profile Page] at October 13, 2005 7:09 PM

The following hissed in response by: cdquarles

Hi Dafydd,

I used to be a member of the NAACP back in the 1980's when the local branch was a lot less political in the left wingnut sense it is now. Many of the local branches of the NAACP are a lot less left wing than the conventioneers and the politically loud and connected officers are.

I live in Alabama. The local governments are mostly Democrat. The legislature is 2:1 Democrat. The local Democrats here are much more conservative than the DNC people are. Case in point. I have property in the 7th District. My first congressman was a conservative white guy from Tuscaloosa by the name of Claude Harris. The junior Senator at the time was a Democrat from Tuscaloosa, who is now the senior Senator, a Republican from Tuscaloosa, by the name of Richard Shelby. After redistricting from the 1990 Census, the District was redrawn to include a part of Jefferson County. Mr. Harris was replaced with a more left wing Democrat from Birmingham by the name of Earl Hilliard (he quickly became known as a corrupt congressman). After five terms, Mr. Hilliard was replaced by a young lawyer, who was from Tuscaloosa if I remember correctly, by the name of Artur Davis. Mr. Davis was fairly conservative as Democrats go and ran as one. Since his re-election, he's gone over to the dark side. Mr. Davis was involved with a political group known as the New South Coalition, again if I remember correctly. The New South Coalition is a splinter group from elements of the NAACP and the SCLC in Alabama.

You may remember that local branches of the NAACP backed William Pryor and Charles Pickering during their nominations to the 11th Circuit Court of Appeals, while the head honchos were loudly against them.

The above hissed in response by: cdquarles [TypeKey Profile Page] at October 13, 2005 7:50 PM

The following hissed in response by: Patterico

Dafydd:

When Miers said:

I have tried to avoid memberships in organizations that were politically charged with one viewpoint or the other. For example, I wouldn’t belong to the Federalist Society any more than -- I just feel like it’s better to not be involved in organizations that seem to color your view one way or the other for people who are examining you.

Do you think she was really saying:

I have tried to avoid memberships in organizations whose mission statements are politically charged with one viewpoint or the other. But as long their mission statements are neutral, they can be as politically charged as they like, and I'll still be a member. Crusade against Republicans at every turn? That's A-OK with me -- as long as it's not part of the mission statement. It's really all about the mission statement; reality has nothing to do with it.

Because that seems to be your logic.

With all due respect, I think you're the one nitpicking here. She said she wouldn't be a member of a politically charged group. Common-sensically, the ABA (and the NAACP) are exactly such groups. But she didn't consider them to be.

I find that very troubling.

The above hissed in response by: Patterico [TypeKey Profile Page] at October 14, 2005 1:36 PM

The following hissed in response by: Dafydd ab Hugh

Patterico:

Yes, I think that's exactly what she was saying. Because the alternative interpretation is just silly.

Every group larger than a sewing circle is "politically charged" if we include the mere fact that some members have political agendas. If Miers were to interpret the question the way you suggest, then you'd have to conclude she's a complete idiot. Yet she demonstrably is not complete idiot, in politics or anything else.

I don't know about Dallas, but many city councils are supposedly "nonpartisan." That is not to say the members are nonpartisan, but that they're not supposed to be overtly partisan. Even if the Dallas City Council of fifteen years ago was not specifically that way, Miers was an at-large representative, and she may have felt that she should not be overtly partisan for that reason.

What she appears to be saying is that she would not think it proper for her to join an overtly partisan group, such as the Federalist Society -- or the Rainbow Coalition, which explicitly says its mission is to "move the nation and the world toward social, racial and economic justice," where those words clearly and unambiguously mean left-liberal, just as the Federalist Society's mission is clearly libertarian-conservative.

There is a valid distinction between an organization that is not inherently political but has been hijacked by rampaging leftists -- such as Yale University or the Writers Guild of America -- and one that is and was always intended to be overtly political and tendentious from the git-go, such as the Spartacus Youth League or YAF.

It is perfectly reasonable for a politician to eschew "politically charged" organizations, where "charged" is used in the meaning of chartered or organized for the purpose of imposing a duty upon members to vote a certain way (as the Catholic Church charges its members to oppose legalized abortion).

Which, by the way, is precisely the point that you and others make -- and rightly so -- anent the Federalists! If the Federalist Society were merely a lawyerly version of the Elves, Gnomes, and Little Men's Chowder and Marching Society, you wouldn't care two licks whether a judicial nominee was or was not a member, or whether he did or did not diss them. The only reason you care at all is that you see membership as an oracular proxy for divining a bloke's judicial philosophy... i.e., how he will rule in particular cases of interest to you.

By contrast, many people are members of the ACLU and the NAACP yet stand appalled by the positions these organizations take. Usually, such a person fondly remembers the days before the NAACP was simply in bed with the Democrats, the era when the ACLU would actually defend the right of the American Nazi Party to march through Skokie. In other words, they remember when these organizations actually followed their charters instead of the Leftist ant-trail.

So yes, I believe that is exactly what Miers had in mind when she answered that question on redirect. I emphatically do not believe she was so bone-sick stupid as to be saying that the NAACP leadership had no odious political opinions. She was walking a legal and political minefield, and I think she did an excellent job on this question.

Dafydd

The above hissed in response by: Dafydd ab Hugh [TypeKey Profile Page] at October 14, 2005 3:09 PM

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