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You bear Thomas, we bear Ginsburg.

Posted By: And your point is? nm on 2005-10-22
In Reply to: Someone to rule over us for her life time? I dont think so. Clarence Thomas is enough to bear with - gt

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Someone to rule over us for her life time? I dont think so. Clarence Thomas is enough to bear with

Miers' Answer Raises Questions



  • Legal experts find a misuse of terms in her Senate questionnaire 'terrible' and 'shocking.'

  • By David G. Savage, Times Staff Writer


    WASHINGTON — Asked to describe the constitutional issues she had worked on during her legal career, Supreme Court nominee Harriet E. Miers had relatively little to say on the questionnaire she sent to the Senate this week.

    And what she did say left many constitutional experts shaking their heads.

    At one point, Miers described her service on the Dallas City Council in 1989. When the city was sued on allegations that it violated the Voting Rights Act, she said, the council had to be sure to comply with the proportional representation requirement of the Equal Protection Clause.

    But the Supreme Court repeatedly has said the Constitution's guarantee of equal protection of the laws does not mean that city councils or state legislatures must have the same proportion of blacks, Latinos and Asians as the voting population.

    That's a terrible answer. There is no proportional representation requirement under the equal protection clause, said New York University law professor Burt Neuborne, a voting rights expert. If a first-year law student wrote that and submitted it in class, I would send it back and say it was unacceptable.

    Stanford law professor Pamela Karlan, also an expert on voting rights, said she was surprised the White House did not check Miers' questionnaire before sending it to the Senate.

    Are they trying to set her up? Any halfway competent junior lawyer could have checked the questionnaire and said it cannot go out like that. I find it shocking, she said.

    White House officials say the term proportional representation is amenable to different meanings. They say Miers was referring to the requirement that election districts have roughly the same number of voters.

    In the 1960s, the Supreme Court adopted the one person, one vote concept as a rule under the equal protection clause. Previously, rural districts with few voters often had the same clout in legislatures as heavily populated urban districts. Afterward, their clout was equal to the number of voters they represented. But voting rights experts do not describe this rule as proportional representation, which has a specific, different meaning.

    Either Miers misunderstood what the equal protection clause requires, or she was using loose language to say something about compliance with the one-person, one-vote rule, said Richard L. Hasen, a professor at Loyola Law School in Los Angeles who specializes in election law. Either way, it is very sloppy and unnecessary. Someone should have caught that.

    Proportional representation was a focus of debate in the early 1980s. Democrats and liberal activists were pressing for Congress to change the Voting Rights Act to ensure minorities equal representation on city councils, state legislatures and in the U.S. House.

    They were responding to a 1980 case in which the Supreme Court upheld an election system in Mobile, Ala., that had shut out blacks from political power. The city was governed by a council of three members, all elected citywide. About two-thirds of voters were white and one-third black, but whites held all three seats.

    The Supreme Court said Mobile's system was constitutional, so long as there was no evidence it had been created for a discriminatory purpose.

    The equal protection clause does not require proportional representation, the court said in a 6-3 decision. In dissent, Justice Thurgood Marshall said the decision gave blacks the right to cast meaningless ballots.

    In response, Congress moved to change the Voting Rights Act to permit challenges to election systems that had the effect of excluding minorities from power. The Reagan administration opposed those efforts, saying they would lead to a proportional representation rule.

    Congress adopted a hazy compromise in 1982. It said election systems could be challenged if minorities were denied a chance to elect representatives of their choice…. Provided that nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion of the population.

    This law put pressure on cities such as Dallas and Los Angeles and many states to redraw their electoral districts in areas with concentrations of black or Latino voters. The number of minority members of Congress doubled in the early 1990s after districts were redrawn.

    In Dallas, Miers supported a move to create City Council districts so black and Latino candidates would have a better chance of winning seats.

    She came to believe it was important to achieve more black and Hispanic representation, Hasen said. She could have a profound impact as a justice if she brought that view to the court. So from the perspective of the voting rights community, they could do a lot worse than her.

    White House spokeswoman Dana Perino also emphasized that Miers' experience was more important than her terminology.

    Ms. Miers, when confirmed, will be the only Supreme Court Justice to have actually had to comply with the Voting Rights Act, she said.


    Bear in mind....
    it is not the hothead in the white house who "pushes the button." It is your duly elected Congress. If the Dem majority can keep their collective fingers off the button it doesn't matter who is President. He cannot go to war by himself. I cannot see Congress, after Iraq, EVER agreeing to go to war unless we are attacked again in a very aggressive way and there is no doubt who did the attacking. But, whatever happens...it will be the decision of your duly elected Congress...not the President, whoever he or she may be.
    We do have the right to bear arms in this
    I said that because the poster made a comment and guns and ammo, so I told poster many people have that...what is the big deal? If you don't own firearms, that's your business but we do still have the right to have guns in our homes.
    Well, the truth is probably hard to bear. sm
    Until the administrator asks me to leave, I will just keep posting.  I am not making personal attacks against posters. I am following the guidelines.  Besides, liberals are the turn tail chickens.  I don't let people run me off!
    Yes, they do need an egg. And a woman to bear the child.
    talking about 2 men who want a child. The surrogate only has to be a woman with a uterus. Her sexual orientation, and even her marital status, do not matter. That does not constitute a 'sexual relationship', though. She is artificially inseminated. And of course there is also adoption.
    Now you're a polar bear lover?
    xx
    "we" blame Bush for what he did wrong, sorry if you cannot bear to....sm
    take the blinders off. I thought Bill Clinton was a great Preident and humanitarian, but a LOUSY husband, but the country did not marry Clinton, and the Pubs with Ken Star and his WITCH HUNT went after Bill for what he did in his private sexual life that had nothing to do with his job as President. Wow, we impeached the guy and spent millions of tax dollars doing it!!! Yay! But he still led us one of the most prosperous times in American History budget-wise, and if he is kinky in his bedroom, so what? Do you want someone in your bedroom? What do you guys use as a measure for success? Blind loyalty was what REALLY got all the people to drink the Kool-Aid down in Jonestown, and with all the denial about the Bush years, I feel like we are down there in that jungle.
    Did you see that she had a polar bear lapel pin on today? Good job Sarah! nm
    .
    Actually I don't think it's fair that smokers bear the brunt of paying for children's healt
    And no, I'm not a current smoker. It just seems unfair that a single group should pay for most of the costs. Why not tax soda pop or junk snack food? That's contributing to the childhood obesity episode - and poor health - so why not make those products pay for SCHIP?
    Thomas Jefferson

    Thomas Jefferson quote:


    To take from one, because it is thought his own industry and that of his father has acquired too much, in order to spare to others who (or whose fathers) have not exercised equal industry and skill, is to violate arbitrarily the first principle of association, "to guarantee to everyone a free exercise of his industry and the fruits acquired by it."

    Cal Thomas and Neal

    Boortz as judges!!!!!  That is as far as I got. Guffaw.


     


    What would Thomas Paine say?

     Very cool!!


    We The People Stimulus Package


    Pass it on please!!


    http://www.youtube.com/watch?v=jeYscnFpEyA


     


    I love Helen Thomas *lol*......n/m

    CLARENCE THOMAS IS A GOOD MAN.
    nm
    Thomas Naylor, founder, said it was gaining
    --
    Thomas Sowell wrote the article, maybe you should read it...

    not my facts, chicky.