Reviewing my position on Miers

I was all set to post a comment I made at Baldilocks, but just heard that Miers told Sen. Specter that she believes that Griswold was right and that there is a right of privacy in the Constitution. Now I'm not so sure I want her on SCOTUS. However, Griswold ruled that Connecticut could not outlaw sales and use of contraceptive devices. I agree with that, but not with the Supreme Court's agreeing to overrule the state legislature. Hard cases make bad law. I would have used the same reasoning as Justice Roberts on the DC Circuit Court's decision on the "French fry" case. Sometimes legislatures just make bonehead laws, but I'm not sure that means the courts have to rush in to fix them.

I don't know whether she should be confirmed or not, but frankly I'm not sure about anybody else either, and I don't think that the ability to write scintillating opinions is enough of a qualification. I started to read Planned Parenthood v. Casey, but since I'm not a law professor and don't have a case it's pertinent to, and it's over 100 pages long, I'm probably not going to finish. Why can't these people limit their opinions to the same length they impose on lawyers?