Thursday, October 20, 2005

# Posted 4:57 AM by Patrick Belton  

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 [ed.: actually, it typically deals with political parties having members on elected bodies, but who's counting] -- with the one-man, one-vote Supreme Court ruling that requires, for example, legislative districts to have equal populations.

(WaPo, also confused over what proportional representation means.)
Also, Will and the Crescat kids have some crazy good posts up on the Miers nomination, including this precious quote from Judge Kozinski:
[A]ll arguments that intensive questioning violate judicial independence confuse cause and effect or derive from other fallacies.... Or, as Judge Kozinski once put it, "Well, what the hell are you supposed to ask? Who do you like to sleep with? Girls? Boys? Will you sleep with me? Of course you'll ask them how they'd rule!"
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