October 22, 2005

Miers Affirmatively for Affirmative Action

When a paper trail is lacking, actions are as loud as words when it comes to Supreme Court nominee Harriet Miers. Defenders have mentioned how she fought to stop the American Bar Association from having a pro-abortion position. They argue that this is a sign she'd vote to overturn Roe v. Wade. In the Washington Post we learn she had no problems with racial and gender quotas in hiring of lawyers and bar association leadership positions:

Two years before Miers became the president, the state bar had decided to remedy that situation by setting aside four board of directors seats for women and minorities. Those members are appointed by the president but have the same voting privileges as those who ran for office.

The policy, which is still in place today, came up for discussion during Miers's presidency, board minutes show. The board made minor changes, but kept the preferences intact.

If her pro-life actions are indicative of how she'll vote on abortion cases it's not a stretch to think she'll be on the liberal, pro-affirmative action side of the court. The White House spins the news by saying Miers' pursuit of diversity was a "private-sector initiative to increase diversity, which is not the same thing as a government mandate of quotas." The problem with this spin is state bar associations license lawyers. In order to practice law in Texas you must be a member of the bar association. It's a government-granted monopoly. It's a stretch to call this a "private-sector initiative." Besides since Miers has no written record we can dig through we have to use other information to divine how she'll tackle important legal issues like affirmative action. The White House has put themselves in this corner by picking the ultimate stealth candidate.

Captain Ed admires Miers' attempt to redress generations of racial discrimination and doesn't think she's a "Quota Queen." Stephen Bainbridge, the best of the blogospheric Miers critics pulls together a George Will piece and counters Hugh Hewitt's criticism of it.

"Miers Backed Race, Sex Set-Asides"