Monday, October 17, 2005

Miersed in Controversy II

Just a quick followup to my earlier post, to suggest a read of this Matthew Franck entry at "Bench Memos" about the conference call. Franck writes:

"... To have any White House fingerprints on a confidential exchange that resulted in any kind of assurances - however speculatively offered - about a nominee's future vote on the fate of a specific Supreme Court, is a matter that will justly attract the attention of senators. All senators, anti-Roe as well as pro-Roe, should be concerned about such backroom maneuvering in what amount to the precincts of the executive branch. It is a maxim of the separation of powers that each branch of government jealously guards its prerogatives, and reacts almost instinctively to the merest whiff of encroachment on them. If there is actual knowledge in the executive branch about Harriet Miers's views on Roe v. Wade, then the Senate is equally entitled to that knowledge, in order to do its work of advice and consent properly. ..."

I quite agree.

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