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October 13, 2005


John Schuh

Whether he was referring to Miers or not, he was simply telling the truth. Jay was a political choice, and certainly Marshall was. As a lawyer, Hamilton could probably have run rings around Marshall, but he would have been the last man that Adams would have offered the job or would have accepted it if offered. And of course, it really wasn't much of a job in 1801, not nearly what the job of CJ was in England at the same time.


Nah, the Miers nomination hadn't happened when the panel was held.

larry rothenberg

a few years ago a Jewish lawyers organization had a dinner at One First Street to give awards etc. and Scalia, Breyer, and Ginsburg all attended and spoke. Scalia was the best among them and quipped that for a long time, when there was no Jew on the Court, he was the closest thing--"because I was from New York and knew what a yeshiva was."


To note that American judges wore wigs as well, though presumably such barristerial fashion items did not survive the Articles of Confederation period. Indeed, it would seem that Justice Cushing tried the wig during the first session of SCOTUS in 1790, but opted not to wear it after it did not go down very well (see, e.g. http://www.michaelariens.com/ConLaw/justices/cushing.htm) Of course, if Harriet Miers is confirmed, then she would certainly look like she is a SCOTUS judge who wears a wig.


Is this a subtle slap at Miers?

Scalia: Let me say this, because our English friends would not say it, as modest as they are. The English system of picking members of the law lords is really a meritocracy; it is the bar that selects the best person for the job. [But] in our system, it is an avowedly political system. Now, there are good reasons for that, but the English would be shocked if they were told that any political consideration came into the appointment of someone to the law lords. From all I've heard, it functions that way, that the best lawyers in the country decide who's the best person to get the job.

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