Harriet Miers: “Roe was Wrongly Decided”
That’s the approach that John Hinderaker says she should take at the confirmation hearings. I think John hit the nail on the head with this post. (Assuming, of course, that it is the truth).
It occurs to me that there may be a simple approach by which both Miers and President Bush can be extricated from the present difficulty.
Suppose Miers testifies to the following: 1) She believes Roe was wrongly decided, and has expressed that view from time to time in conversation. 2) Her disagreement with Roe is not based on her opposition to abortion, but rather on her opposition to judicial usurpation. The Constitution says nothing about abortion, and the idea that the Court suddenly “discovered” the right after nearly 200 years is ridiculous. 3) She doesn’t know whether she would vote to overturn Roe, because that would depend on issues relating to stare decisis that she hasn’t yet analyzed, and she would not make that kind of decision without hearing the case before her, studying the authorities and the arguments of the parties, and discussing the issues with her colleagues on the Court.
Mightn’t that approach solve a number of problems?
Read the rest.
http://myopiczeal.blogsome.com/2005/10/17/harriet-miers-roe-was-wrongly-decided/trackback/
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