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COURT REPORTER
Big day at the High Court [by James Kilpatrick] WASHINGTON — A reporter who took a taxi to the Supreme Court early Monday morning, expecting nothing better than a no-news investiture and a humdrum oral argument, arrived to learn of the nomination of Harriet Miers to succeed Justice Sandra Day O’Connor. Who knows what a Monday morning brings?
One thing at a time. The investiture of Chief
son. She was once quoted in National Review
Opponents of the Miers nomination will make
Justice John Roberts went off smoothly. He
as saying she regarded President Bush as
much of her inexperience on the bench. Over
showed up in the same basic black robe worn
“the most brilliant man she had ever met.”
the past 75 years, 35 men and two women
by the others; he repeated his oath firmly
Perhaps she has not traveled widely.
have been named to the high court. Sixteen
through “so help me God,” and then modestly disappeared for a photo-op outside.
of the 35 flew non-stop from civilian life to At the White House ceremony Monday morn-
the Promised Land. The record defies gener-
ing, Ms. Miers made a brief prepared state-
alization.
Forty-five minutes later the new chief reap-
ment. I don’t mean to be a captious critic,
peared with all eight of his Indians. Looking
but it was, after all, her prepared statement.
Some of the unsanctified nominees were
remarkably comfortable, he settled easily
The first duty of a Supreme Court justice is
flops. One recalls especially the former
into the center seat so recently occupied by
to prepare written opinions. Her introductory
senators, Byrnes, Burton and Minton. They
Chief Justice William Rehnquist. His first
effort was not an encouraging auspice.
had no prior judicial experience — and all
duty was to welcome incoming members of
of them were misfits from the get-go. Some Here she messed up a singular subject with
of the unchurched performed brilliantly. My
a plural verb, to wit: “The wisdom of those
generation benefited from Hughes, Frank-
This was a duty the dour Rehnquist handled
who drafted our Constitution and conceived
furter, Douglas, Fortas, White and Powell, all
as if his shoes hurt. Given Roberts’ reputa-
our nation as functioning with three strong
of whom went successfully from the bar to
tion for brilliance at the rostrum, some of us
and independent branches have proven truly
the bench.
in the press room had predicted a welcome
remarkable.” Something here indeed were
at least a little warm and cuddly. It was not to
truly remarkable. She continued:
the Supreme Court bar.
be. Roberts gave us the same-old same-old. The day’s arguments began.
By the same token, prior judicial experience has not been a guarantee of excellence on
“I’m immensely grateful to the support and
high. Here one thinks of recent mediocrities
love that I feel for my brothers and their
— Murphy, Marshall, Burger and Blackmun.
Meanwhile the press benches thinned. Word
families.” That muddy syntax should have
spread of the Miers nomination. This was
been taken out to the Rose Garden and bur-
Getting back to Monday at the court: The oral
clearly the hotter story. But Harriet Miers?
ied. She concluded:
arguments, as we expected, were positively
Who she? We will learn a great deal about Miers
stupefying, but the new chief justice behaved “Thank you, Mr. President, for this tremen-
admirably. Three times he asked useful
dous honor by your nomination.”
questions of counsel. Otherwise he listened without apparent discomfort while Justices
when Senate confirmation hearings begin. Meanwhile, for the record: She was born and
Ms. Miers acknowledged her prospective
Souter and Scalia baited the visiting bears.
reared in Texas. She is a maiden lady, 60. Be-
duty to ensure that lower courts meet their
Life goes on.
fore joining President Bush as White House
obligation “to strictly apply the law and the
counsel in 2003, she had served creditably as
Constitution.” There’s nothing at all amiss
(Letters to Mr. Kilpatrick should be sent by
president of the Texas State Bar, managing
in splitting a few infinitives, but the pre-
e-mail to kilpatjj@aol.com.)
partner of a well-regarded Texas law firm,
pared statement was soup without savor. In
and enthusiastic dabbler in bipartisan poli-
Justices Ginsburg, Thomas, Stevens, Souter,
COPYRIGHT 2005 UNIVERSAL PRESS SYN-
tics. She contributed long ago to the political
Breyer and Kennedy, we already have six
DICATE
campaigns of such leading Democrats as
pedestrian writers on the court. Perhaps the
This feature may not be reproduced or dis-
Lloyd Bentsen and Al Gore, but mainly her
nomination will look better as the country
tributed electronically, in print or otherwise
modest contributions went to such Republi-
gets better acquainted.
without the written permission of uclick and
cans as Phil Gramm and Kay Bailey Hutchin-
PAGE
Universal Press Syndicate.