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Defining Qualifications Down

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Belle Waring finds this gem from “The American Thinker(sic),” approved as “persuasive” by Glenn Reynolds:

As the court’s new junior member, the 60 year old lady Harriet Miers will finally give a break to Stephen Breyer, who has been relegated to closing and opening the door of the conference room, and fetching beverages for his more senior Justices. Her ability to do this type of work with no resentment, no discomfort, and no regrets will at the least endear her to the others. It will also confirm her as the person who cheerfully keeps the group on an even keel, more comfortable than otherwise might be the case with a level of emotional solidarity.

But there is much more to it than group solidarity, important though that ineffable spiritual qualty may be. Ms. Miers embodies the work ethic as few married people ever could. She reportedly often shows up for work at the White House at 5 AM, and doesn’’t leave until 9 or 10 PM. I have no doubt that she will continue her extraordinary dedication to work once confirmed to the Court. She will not only win the admiration of those Justices who work shorter hours, she will undoubtedly be appreciated by the law clerks who endure similar hours, working on the research and writing for the Justices. These same law clerks interact with their bosses in private, and their influence intellectual and emotional may be more profound than some Justices might like to admit.

So, Harriet Miers is qualified for the Supreme Court because 1)she was willing to bring pastry to Sunday School, and 2)she works hard. Of course, by these criteria a fairly large percentage of the country is qualified to sit on the Supreme Court–think how qualified she would be if she would only pet kittens and say nice things about babies on a regular basis!–but since I don’t have an MBA I guess I don’t understand these strategic complexities.

And even Reynolds isn’t buying this claim that because Robert Jackson didn’t have a law degree, Harriet Miers must therefore be well-qualified. (Incidentally, like Mark Tushnet I’m not really inclined to go along with the idealization of Jackson that seems to permeate these debates, although I guess that’s a subject for another post.)

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