10.20.2005

Ann Coulter on the Miers abomination

Ann Coulter is exactly right on why Miers is a disaster, and what we really want in a Supreme Court Justice:

From the beginning of this nightmare, I have taken it as a given that Miers will vote to overturn Roe v. Wade. I assume that's why Bush nominated her. (It certainly wasn't her resume.) Pity no one told him there are scads of highly qualified judicial nominees who would also have voted against Roe. Wasn't it Harriet Miers' job to tell him that? Hey, wait a minute ...

But without a conservative theory of constitutional interpretation, Miers will lay the groundwork for a million more Roes. We're told she has terrific "common sense." Common sense is the last thing you want in a judge! The maxim "Hard cases make bad law" could be expanded to "Hard cases being decided by judges with 'common sense' make unfathomably bad law."

It was "common sense" to allow married couples to buy contraception in Connecticut. That was a decision any randomly selected group of nine good bowlers might well have concurred with on the grounds that, "Well, it's just common sense, isn't it?"

But when the Supreme Court used common sense — rather than the text of the Constitution — to strike down Connecticut's law banning contraception, it opened the door to the Supreme Court rewriting all manner of state laws. By creating a nonspecific "right to privacy," Griswold v. Connecticut led like night into day to the famed "constitutional right" to stick a fork in a baby's head.

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