Strengthening Constitutional Self-Government

No Left Turns

It has happened

We didn’t have to wait all too terribly long before someone made an issue of Miers’s putative religious convictions. Jeremy Richey calls our attention to this post by Paul Butler, a law professor at George Washington University.

Butler, who makes no bones about his allegiance to the Critical Legal Studies movement, doesn’t object to legislating from the bench. Indeed, he can’t imagine a judge who doesn’t do so. As such, he’s simply a frank or more extreme version of all the liberal activists (including some on the Senate Judiciary Committee) who seem to think that policymaking is something judges ought to be doing. Like the critics of Justice Sunday (remember that?), he can’t admit the possibility tha a judge could separate his or her Constitutional and legal views from his or her religious and moral commitments. And like many on the Left, he harbors a cartoonish view of conservative evangelicalism. Butler has "profiled" Harriet Miers, having paid little or no attention either to the larger phenomenon of conservative evangelicalism or to Harriet Miers’s role in her church and her interactions with others. If, indeed, "nothing she’s asked to do in church is beneath her,", and if "she genuinely cares about people at every level--personally, professionally, socially", then Butler’s "profile" is a poorly drawn caricature. I wish I were surprised by this.

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