Comments on Advance Indiana™: Harriet Miers: Even Better than O'Connor

Gary,(Yes, I did mean to type Zelman. Thank you fo...

2005-10-07T11:58:00.000-05:00

Gary,

(Yes, I did mean to type Zelman. Thank you for the correction.)

Briefly, (and because I’m so hugely unskilled, lol) I’ll use excerpts from a respectable source/article to clarify:

"In key 5-4 church-state rulings by the Court over the past two decades, O'Connor provided that critical swing vote. O'Connor drew the line at government endorsement of religion. And she consistently warned that any direct funding of religion by government was a serious violation of religious liberty.

By contrast, Rehnquist had a hard time finding "separation of church and state" anywhere in the First Amendment. Among other things, this (his) interpretation would mean that the government could aid religion - as long as it didn't discriminate among religions.

If a Roberts Court does adopt the Rehnquist view of the establishment clause, what remains of Jefferson's wall - already battered and full of holes - may crumble entirely. Current limits on government-sponsored religious expression will probably be weakened or removed."
(http://www.zwire.com/site/news.cfm?BRD=326&dept_id=449009&newsid=15333343&PAG=461&rfi=9

This was written prior to the Miers nomination; however, I would think the argument is as applicable to Miers—that both Roberts and Miers will adopt Rehnquist’s view of the establishment clause—supported (imuo) with the fact that faith-based-initiative Bush nominated them both.

Further, while opining that you “wouldn't think the religious folks would have liked it either,” I disagree, having read that when the oral arguments were heard it was shown that 46 of the 56 participating schools were church-affiliated. That 33% of the students were previously enrolled in private schools; 21% were previously enrolled in Cleveland city schools; and the remaining students were newly enrolled kindergartners or came from outside the district. (Policy Matters Ohio)

In short, what I should have asked: Just how closely do you think Miers judicial philosophy (read: discriminating values) agree with Bush’s (form of capitalism and political ideology)?

Kay,You knew I couldn't pass that one up. Any way-...

2005-10-05T19:00:00.000-05:00

Kay,

You knew I couldn't pass that one up. Any way--I assume you are referring to the Zelman decision that upheld public school vouchers for religious schools in Cleveland. I'm assuming Miers would probably have voted with O'Connor and the majority on that one. I don't like the idea of public funds going to religious groups (by the way--it is specifically prohibited by the Indiana Constiution so the decision didn't affect us). But in this case, I wouldn't think the religious folks would have liked it either. That particular program subjected the religious schools to all the prohibitions that apply to public schools. As crafted, it was purely a secular purpose. By participating, the religious schools give up their freedom to indoctrinate their students at will, and can't discriminate among who attends the school as they otherwise can. I remember when the issue was before the Illinois legislature when I worked there, several very conservative members opposed school voucher programs for this very reason--they didn't want any government regulation of their religious schools. I see why people would oppose the program as a violation of the Establishment Clause, but in this case, the schools in effect stripped themselves of their religious stripes in order to get the money.

Gary, Yes, I see now how my inquiry concerning pri...

2005-10-05T09:59:00.000-05:00

Gary,

Yes, I see now how my inquiry concerning privatization was way too broad. So far-reaching, in fact, it provided the perfect setup for your deflective dig on Peterson. And, of course, my back-at-ya reminder that it was Goldsmith who first initiated the ‘practice’ using the city’s wastewater treatment facility; some would say, a real stinker.

Back to Miers’ nomination and any known position she may have taken on the practice of privatization. For example, the 2002 Supreme Court ruling on education vouchers (Selma v.Simmons-Harris)?

Kay, I don't follow your inquiry about her positio...

2005-10-04T19:58:00.000-05:00

Kay,

I don't follow your inquiry about her position on privatization. It's probably a better question to address to Mayor Peterson, who turned the keys of our water department over to some French company that doesn't seem entirely concerned about water quality. As a practice, it's permissible under federal, state and local laws in varying degrees depending upon the government service in question. The only constitutional limitation that comes to mind is turning a government service over to a religious group.

Gary,As you pointed out, Miers’ has significant pr...

2005-10-04T12:21:00.000-05:00

Gary,

As you pointed out, Miers’ has significant professional credentials. And, the mere hint that she may be opened minded regarding queer issues is certainly encouraging.

However, my greater concern is her lifetime career as a big business litigator. Can you give us any insight concerning her judicial philosophy on the subject of, say, privatization?

Thanks for your insightful information on Miers. Y...

2005-10-04T08:43:00.000-05:00

Thanks for your insightful information on Miers. You have definitely presented a different view than is being presented in the main stream media.

Joe