• Harriet Miers,  Politics,  Supreme Court

    Harriet Miers Watch: Is it Time for Her to Withdraw?

    Captain Ed at Captain’s Quarters has Bad News Turns Into Flood On Miers.

    In response, let me say that I have supported Miers’ confirmation up to now, almost exclusively on two bases: presidential prerogative and an assumption of basic competence, both on her part and the White House. The questionnaire has my confidence in the second basis badly shaken. The slapdash manner of its preparation tells me someone isn’t taking this seriously, and since Miers has her name on it, that’s her responsibility. The way she managed to antagonize Specter adds to that impression. She’s striking me as an imprecise and sloppy nominee for a position that requires absolute clarity and precision.

    Given that, my reliance on presidential prerogative remains … but it doesn’t outweigh my objection to getting a substandard jurist on the Supreme Court. Waiting until the hearings for her to get exposed as that will prove a political disaster for the President and the GOP. For those reasons, I’d strongly suggest that the White House look for a way out of this, and fast.

    Harriet Miers was not Flap’s first choice for nomination to the Unites States Supreme Court. Flap thought President Bush would chose another Texas jurist and former Texas Supreme Court Justice, Priscilla Owen. The President should rethink his choice.

    Harriet Miers’ confirmation process is not going well:

    1. Numerous petitions against her nomination

    2. Numerous mis-steps in the nomination process with blunders with Senate Judiciary Committee Chairman Arlen Specter and then the poorly written/constructed Senate Judiciary Committee Questionnaire

    3. Numerous editorials asking for a withdrawl of the nomination here and here.

    Flap understands that this choice is the President’s perogative.

    However, Flap no longer believes Harriet Miers can be confirmed.

    The Democrats will not vote for her because of her pro-life evangelical proclivities. John Fund of the Wall Street Journal “outed” a stealth deal on Roe v. Wade.

    Republican Senators will be conflicted to vote her out of the Senate Judiciary Committee. She does not need a positive recommendation from the committee but Flap cannot imagine a majority of Senators voting for a nominee who cannot muster a majority committee vote.

    So, why go through a brutal hearing process?

    Harriet Miers should ask the President withdraw her nomination and she should resume her duties as White House Counsel.

    The President should then nominate former Texas Supreme Court Justice Priscilla Owen.

    or any of these other fine federal appeals court judges:

    Janice Rogers Brown

    Edith Clement

    Edith Hollan Jones

    Charles Krauthammer has a reasonable face-saving approach here.

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  • Dentistry

    Dentistry Today: The Stain Cleaner Machine

    Matsushita Electric Industrial Co. will put an electric toothbrush that can diminish tobacco stains on the market on Nov. 1.

    The Stain Cleaner EW1300P pulsates 3,000 times per minute to clean spots off teeth. A special brush head can be attached to the toothbrush for cleaning between teeth.

    Price: 5,000 yen (estimated)

    Looks like a Rota-dent to Flap. But, competition is good.

    H/T Medgadget.

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  • California Supreme Court,  Politics

    California Supreme Court Watch: Concerns with Justice Vance Raye

    The Los Angeles Times has Lockyer Has ‘Concern’ on Possible High Court Pick.

    A spokesman says the attorney general has reservations about rulings made by 3rd District Court of Appeal Justice Vance Raye.

    California Atty. Gen. Bill Lockyer, one of three members of a judicial confirmation panel, has expressed “concern” about the legal rulings of one of two candidates Gov. Arnold Schwarzenegger is considering for an open slot on the California Supreme Court, Lockyer’s spokesman said Thursday.

    Nathan Barankin, the spokesman, said Lockyer had not made up his mind on whether to oppose 3rd District Court of Appeal Justice Vance Raye if the governor nominates him for the state’s highest court.

    But “there are some [court] opinions that have given him concern,” Barankin said.

    Among the legal decisions that trouble Lockyer was a ruling this year in which Raye joined two other appellate justices in deciding that Home Depot was not liable for creating a hostile work environment at two stores in the Sacramento area.

    An African American former employee said white managers and employees at the stores hurled racial epithets and insults at black workers. The court panel, in Hollingsworth vs. Home Depot, said there was insufficient evidence to back up the claims.

    Bill Lockyer is being the turd in the punch bowl again – just like in the Proposition 77 case.

    Barankin was responding to a report in The Recorder, a legal newspaper, about a meeting Lockyer had with Alameda County lawyers a few weeks ago in which he expressed strong reservations about Raye. Despite that meeting, Barankin said Thursday that Lockyer has “not taken a position on Vance Raye.

    No position?

    A lawyer who heard Lockyer speak at the Sept. 16 meeting of the Alameda County Democratic Lawyers Club said the attorney general told the group that he would strongly oppose Raye’s nomination and he sought suggestions for other potential candidates for the state high court.

    “He was adamantly against Raye,” said the lawyer, who asked not to be identified, in an interview Thursday.

    Someone has to remind Lockyer that he is not the Governor and thankfully never will be.

    Flap handicaps that Governor Schwarzenegger will submit another nominee to replace Judge England and then the Governor will have to choose to fight, or switch to Judge Corrigan or another.

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  • Harriet Miers,  Politics,  Supreme Court

    Harriet Miers Watch: Miers Will Keep Visiting Senators

    Supreme Court nominee Harriet Miers, left, meets with Sen. Ken Salazar, D-Colo., on Thursday, Oct. 20, 2005, in Washington.

    The ASSociated Press has Miers Will Keep Visiting Senators.

    Supreme Court nominee Harriet Miers will continue meeting with senators next week, the White House said Friday, despite calls from some conservatives who said the courtesy visits aren’t helping and she should focus instead on preparing for her confirmation hearing.

    “She’s done about 25 visits so far, and she’s got about a dozen next week,” White House spokesman Jim Dyke said Friday. “We get advice on a regular basis from outside groups. It doesn’t mean it’s going to happen.”

    In a conference call Thursday, some conservatives suggested Miers should stop calling on senators, saying that the visits, which have included some strategic stumbles on her part, have not been helping the White House counsel’s nomination as the replacement for retiring Justice Sandra Day O’Connor.

    The conservatives on the call were airing their views to Leonard Leo, who is on leave as executive vice president of the Federalist Society to help the White House shepherd Miers’ nomination through the Senate.

    While those discussions were going on, “we were adding congressional visits to her already established schedule for next week,” Dyke said.

    What stumbles?

    And why shouldn’t Miers continue her meeting with the Senators that will vote for her confirmation? It is more than a courtesy. The Senate deserves a personal one on one meet with the nominee. The Senators will make their own assessments of Miers. Flap really doesn’t need to hear it from sulking pundits who are pissed that they did not get their OWN way and who do NOT have a vote (thank God).

    The conservative and left-wing carping at her every move is starting to become shrill for Flap. The pundits are portraying her as “unqualified” or a “blunder”, stupid or having poor punctuation.

    Miers has faced attacks from both sides of the political spectrum — most notably from the president’s conservative allies — though none of the Senate’s majority Republicans has come out against her.
    President Bush’s claim that she is the most qualified candidate has been roundly criticized by conservatives who wanted him to look to conservative federal judges like Priscilla Owen or Janice Rogers Brown.

    Bush said Thursday that Miers’ confirmation process will show a “competent, strong, capable woman who shares the same judicial philosophy that I share.”

    Miers has faced some criticism this week from senators, with some complaining that she has been vague in their private meetings with her and others complaining about her answers to a written questionnaire that the Judiciary Committee sent her.

    “I would say that to this point Ms. Miers’ efforts to win support have not been successful,” said Sen. Dick Durbin, D-Ill., a member of the Judiciary Committee, on Thursday.

    And who cares what Senator Dick Durbin has to say? He will vote against her anyway.

    Miers should continue her visit with Senators, prepare for the hearings and the pundits should just relax.

    If they want her confirmation to fail, then formally oppose her.

    NOTE: NO Republican Senators have broken ranks with the President and have formally opposed her confirmation.

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  • Politics

    President George W. Bush Watch: In Ventura County to Help Dedicate Air Force One Exhibit at the Reagan Presidential Library

    President Bush presents the President’s Volunteer Service Award to Doctor Raymond Goodman, a retired medical doctor and professor, Thursday, Oct. 20 , 2005, at the Los Angeles International Airport, Thursday, Oct. 20, 2005. The award honored the 85-year-old Goodman for his work with the Los Angeles branch of the Medical Reserve Corps, a national volunteer group set up after September Eleventh to assist during natural disasters or a terrorist attack.

    The ASSociated Press has Bush to Help Open New Exhibit at Library.

    In a salute to Ronald Reagan, President Bush is helping dedicate a new Air Force One exhibit at the former president’s library in Simi Valley, California.

    Bush was to join former first lady Nancy Reagan in Simi Valley on Friday to officially open a new pavilion at the Ronald Reagan Presidential Library that features a Boeing 707, which carried Reagan and six other presidents.

    The Air Force One Pavilion, which also houses a former Marine One helicopter, a presidential limousine and a replica of an Irish pub, tells the story of Reagan’s two-term presidency. Visitors who tour the retired Air Force One will see Reagan’s beloved jelly beans on the plane’s presidential conference table.

    Flap lives about 10 minutes from the library and attempted to get press credentials to cover the event live. Unfortunately, after making application, the White House Press Office did not get back to Flap.

    Attendance is probably limited to the traveling White House Press Corps since there will be only 600 folks attending the dedication.

    The Ronald Reagan Presidential Library will be opening the Air Force One exhibit to the public on Monday.


    A video of the exhibit courtesy of the Ventura County Star is here.

    Go and check it out.

    Flap knows you will be glad you did.

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