Friday, October 21, 2005

A Primer On Con Law Might Be Useful

By the way, there's some fun stuff here in the Miers nomination, especially to legal geeks. Fighting the elitism charge is a hell of a lot easier when people know what you're talking about...

Meanwhile, several constitutional law scholars said they were surprised and puzzled by Miers's response to the committee's request for information on cases she has handled dealing with constitutional issues. In describing one matter on the Dallas City Council, Miers referred to "the proportional representation requirement of the Equal Protection Clause" as it relates to the Voting Rights Act.

"There is no proportional representation requirement in the Equal Protection Clause," said Cass R. Sunstein, a constitutional law professor at the University of Chicago. He and several other scholars said it appeared that Miers was confusing proportional representation -- which typically deals with ethnic groups having members on elected bodies -- with the one-man, one-vote Supreme Court ruling that requires, for example, legislative districts to have equal populations.
Cass Sunstein and I don't agree on a lot of things, but Harriet Miers has brought us together. I suppose that's a good thing.

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