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Berube Googles Meirs' Future Decisions

Michael Berube Online

... But all you people are wrong. You are trying to assess the candidacy of Harriet Miers by looking at her past (not much to go on there!), or by estimating George Bush's present political capital (disappearing faster than the polar ice caps!). These are inevitably flawed methods to bring to bear on such an important subject. Instead, we should focus on analyzing the future. And thanks to Google's brand-new feature, "Future Search," you can check out the full record of Justice Miers's service on the Supreme Court.

It's all right there on the Future Internets: her famous declaration in early 2006 that Roe v. Wade was wrongly decided . . . and that a woman's reproductive rights should be predicated on the equal protection clause of the Fourteenth Amendment instead! Pro-life groups were especially outraged when Justice Miers closed her opinion with a sentence that many legal analysts interpreted as a repudiation of the American religious right: "Psyched you all out, didn't I" Justice Miers then followed this decision with a stunning series of rereadings of Fourteenth Amendment case law, reaching all the way back to the 1886 case of Santa Clara County v. Southern Pacific Railroad, which first established the principle that corporations are "persons" under the Constitution. "No way are corporations persons," wrote Miers in June 2006, deftly undoing 120 years of precedent and restoring to the Fourteenth Amendment its original function of extending the scope of U.S. law to actual living people (particularly freed slaves). "Check out Section Three of the Amendment if you don't believe me," Miers wrote, in the famously colloquial style that won her legions of admirers and epigones throughout the legal profession. "There's no question that 'person' means 'a guy' or 'a woman,' not 'a commercial entity.' How could Acme Corp. or Amalgamated Products Inc. serve in Congress or as an elector, or be a state legislator, or hold any office, civil or military, under the United States, et cetera et cetera et cetera? It doesn't make any damn sense."