The Right Coast

October 20, 2005
Miers on Business Cases: The Charade Continues
By Mike Rappaport

Ron Cass and Ken Starr attempt to defend the Miers nomination in the Wall Street Journal by arguing that the Court has many business cases and Miers would decide these cases correctly. They write:

Business organizations such as the U.S. Chamber of Commerce, which alone represents over three million business enterprises, have praised Harriet Miers's nomination. They -- and we -- value her significant experience in business law. Certainly, this is not the only consideration in her confirmation process, but the inevitable attention to other, politically charged issues should not obscure the importance of business expertise to the court and ultimately to the nation.
Well, I certainly agree that business cases are important. I would even agree that critics of the nomination have focused excessively on constitutional law and the supposed need for a developed constitutional philosophy. Nonetheless, the criticisms of Miers stand: There is no good reason to think she has the right views about business cases. And there were far better choices available who do have expertise about business matters, including Mike McConnel and Edith Jones.

There is simply no good argument for this nomination.