October 17, 2005

What I Would Ask Miers

Hatched by Dafydd

Here's a burning question that I would ask Supreme Court nominee Harriet Miers, were I a senator... not because I think she would be bad on this issue, but because the Court has been bad in the past:

Miss Miers; within your judicial philosophy, is there ever a valid situation in which foreign law or jurisprudence -- that has never been formally recognized by treaty with the U.S. -- can nevertheless trump the United States Constitution or American federal or state legislation in American courts?

All right, a lawyer would phrase it more bulletproof, but that's the gist. The Supreme Court -- in particular Justices Breyer and Kennedy, I think -- say Yes, lots of situations. I say No, never.

What does Miers say? For that matter, what does Roberts say?

Hatched by Dafydd on this day, October 17, 2005, at the time of 6:16 PM

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Tracked on October 17, 2005 6:47 PM


The following hissed in response by: RBMN

During the course of the Roberts hearings, someone said, the Supreme Court Justices have just one client; the US Constitution. And it's always been my (non-lawyer) impression that good lawyers never allow joined trials of their clients, when they can help it.

The US Constitution seems to have too many lawyers sometimes, when they split 5-4 the wrong way, but the nine lawyers (justices) should have just one very very jealous client.

The above hissed in response by: RBMN [TypeKey Profile Page] at October 17, 2005 9:35 PM

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