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Cornyn, Hutchison Continue Hypocrisy on Kagan Nomination


by: David Mauro

Wed May 12, 2010 at 02:31 PM CDT


On Monday we covered John Cornyn's hypocritical double standard on judicial nominations. Since then, Cornyn has continued making his illogical arguments against Elena Kagan, and now has been joined by Kay Bailey Hutchison.

Sen. Kay Bailey Hutchison of Texas thought Miers was a "wonderful choice" in 2005, but today she "has some concerns over Elena Kagan's lack of judicial experience."

Five years ago, Cornyn and Hutchison portrayed Bush nominee Harriet Miers as a welcomed change to a Supreme Court filled with career judges. Miers, by almost any measurement, was historically underqualified to be a justice.

But that did not matter to Cornyn or Hutchison. The Republican party line in 2005 was that Miers -- whose resume outside of the Bush White House included stints as chair of the Texas Lottery Commission and two years on the Dallas City Council --  was qualified to be nominated to the Supreme Court. In turn, that was their opinion.

Had John Cornyn and Kay Bailey Hutchison decided five years ago to declare Miers to be unqualified (which ultimately became the national consensus) they might have some credibility left to criticize Kagan for her lack of judicial experience.

The facts are really just embarrassing for Cornyn and Hutchison, as they often are. Five years ago they enthusiastically backed a mid-level White House staffer with zero judicial experience. Now, with President Obama in the White House, they have decided that a former dean of Harvard Law School and U.S. solicitor general lacks the necessary experience.

Apparently, in the eyes of John Cornyn and Kay Bailey Hutchison, the Texas Lottery Commission and Dallas City Hall are better training grounds for a future Supreme Court Justice than Harvard Law School or the U.S. Department of Justice.

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Question (0.00 / 0)
Are you going to point out the hypocrisy from the left when they opposed Harriet Miers for her lack of judicial experience?

I think... (0.00 / 0)
There is a clear difference in Miers, who's claim to fame was commerical litigation, and a two year stint clerking in a district court vs. Kagan who clerked for Thurgood Marshall, was the Dean of Harvard Law, and now Solicitor General of the United States.

I don't think the issue is lack of judicial experience. I think the issue is the hypocrisy of Cornyn and KBH now using that as an excuse.


[ Parent ]
Hypocrisy is bipartisan (0.00 / 0)
There are a lot of Senators, of both parties, who refuse to say anything good about a nominee from the other side and refuse to say anything bad about a nominee from their own side. They just parrot the talking points of the day, regardless of what they said yesterday or plan to say tomorrow.

But as this is a Texas blog, it's fair for BOR to report that our two (Republican) senators are high on that list of hypocrites!

Also, a lot of people have argued for years that having a non-judge on the Supreme Court would be a good thing. Many of us did oppose Miers from the Left, but not very fiercely, and not for her lack of judicial experience. In the end, it wasn't her not being a judge that brought her down; it was the right wing's fear that she wasn't ideological enough.  


[ Parent ]
Did you read the post? (0.00 / 0)
Miers pre-nomination experience included political appointments in the Bush White House, chair of the Texas Lottery Commission and time on the Dallas City Council.

No previous nominee has had a comparable resume to that of Miers.

However, with Kagan, there are dozens of past justices who have comparable experience. There has even been a past justice who came directly from her current job, solicitor general.

It is intellectually dishonest to compare Kagan's legal experience and expertise to that of Miers. Let's be serious. Miers' lowel level of legal experience and accomplishment would have been unprecedented on the Court. There are many past precedents for successful justices who have similar backgrounds to Kagan's.  


[ Parent ]
Come on (0.00 / 0)
I thought the issue was lack of judicial experience, not whether or not Ms. Kagan has been Dean of Harvard Law or Solicitor General.  If you want to equivocate now and say that people rejected Meirs because of her lightweight legal experience, that is intellectually dishonest.  I recall the left being outraged because of her lack of judicial experience and her conservative views, nothing else.  

[ Parent ]
Obama 2005: (0.00 / 0)
Harriet Miers has had a distinguished career as a lawyer, but since her experience does not include serving as a judge, we have yet to know her views on many of the critical constitutional issues facing our country today. In the coming weeks, we'll need as much information and forthright testimony from Ms. Miers as possible so that the U.S. Senate can make an educated and informed decision on her nomination to the Supreme Court.

Nothing saying she is unqualified, just that the Senate needs information and testimony so they can make an informed decision.


[ Parent ]
Who has made the legal experience "the issue"? (0.00 / 0)
Read my previous post about the long tradition of justices with no judicial experience, including former Chief Justice William Rehnquist. Elena Kagan's experience is similar to many of these judges. Miers simply is not.

[ Parent ]
Harriet Meirs was torpedoed by the right wing, (3.00 / 1)
before the normals ever had a chance.  

[ Parent ]
Hutchison Resigning? (0.00 / 0)
I know this is slightly off topic (only slightly) but every time I see her name I have to up my blood pressure medicine. Is there a clock (or something similar) that is counting the days from the time when she said she would resign till now (and hopefully though not likely or really never) when does actually keep her word and resign?

Yes, Kay Bailey is Resigning!! (0.00 / 0)
Isn't she?

[ Parent ]
That's so true. (0.00 / 0)
I have no doubt that appearing to not being altogether "committed" to politics has helped her with the good old boys in the GOP. Her being wishy washy could easily make them feel less threatened. That's one of the main reasons that she's not my idea of an effective leader.

[ Parent ]
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