Harriet Miers doesn’t pass muster with Randy Barnett – or Alexander Hamilton. Read:
Harriet Miers is not just the close confidante of the president in her capacity as his staff secretary and then as White House counsel. She also was George W. Bush’s personal lawyer. Apart from nominating his brother or former business partner, it is hard to see how the president could have selected someone who fit Hamilton’s description any more closely. Imagine the reaction of Republicans if President Clinton had nominated Deputy White House Counsel Cheryl Mills, who had ably represented him during his impeachment proceedings, to the Supreme Court. How about Bernie Nussbaum?
Hamilton might just be my least favorite Founding Father, but as Barnett quotes him, Hamilton was dead-on about patronage. Read the whole thing.