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February 13, 2012
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Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
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Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
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Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
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January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
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Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
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Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
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Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
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Ali Safi: U.S. envoy gives Taliban terms for peace talks
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January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
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January 13, 2012
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January 12, 2012
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Katy Hopkins : Consider This Before You Pay for an Online Degree
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January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
Oct. 10, 2005
/ 7 Tishrei, 5766
Merit matters; then it does not
By
Ruben Navarrette Jr.
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http://www.JewishWorldReview.com |
I think it ought to be based on merit.
President Bush
   Aug. 6, 2004
President Bush almost had me convinced. For a while, it looked like the nation's first MBA president put a high premium on merit.
Of course, that was before last week and Bush's underwhelming choice of his underqualified friend from Texas, Harriet Miers, to fill a vacancy on the Supreme Court.
Now I feel like I've been punked.
You see, I heard Bush defend, before a group of minority journalists, his administration's decision to challenge an affirmative action plan at the University of Michigan because, he said, the plan was a quota system that discriminated against white students.
When the subject of legacy admissions came up, Bush praised the idea of merit selection. He told the journalists that he opposed the idea that anyone could get into college based on who their parents were.
But, of course, no one thought to ask Bush the real question how he felt about the idea that individuals could get onto the United States Supreme Court because of who their friends were.
Now we know the answer. We see evidence of a mutant strain of affirmative action for FOBs, or Friends of Bush.
So much for merit.
For the last 20 years, I've heard conservatives whine about how all the best opportunities go to minorities and how more qualified candidates are aced out by an insidious system of racial preferences that lowers the bar in pursuit of diversity.
Now, given Bush's choice of Miers, I'm not sure the bar can get much lower.
And it's not because she's a woman. The president was right to try to make that a priority in his selection. Yet, there are any number of other more qualified women that Bush could have chosen for this position, including one or two federal appellate judges whose only liabilities seem to have been that they didn't hit it off with the president in interviews.
As it is, I'm wondering what happened to all the lofty rhetoric about how merit should carry the day and win out over all other considerations. And I'm stunned at how quickly Bush's supporters after playing up Chief Justice John Roberts' indisputably Grade-A resumé can now turn on a dime and start praising a candidate who has never even been a judge before. Not in federal court, state court, municipal court or even traffic court.
I had assumed some sort of judicial experience might be good preparation for taking a seat on the Supreme Court. The administration knows the fact that Miers has never been a judge is the single most damning thing about her nomination. The concern that she's not sufficiently conservative is getting all the attention at the moment, but it's the fact that she's never worn a black robe that is really her Achilles' heel. That's why the White House spent the first hours after the announcement spinning the line that this isn't the first time a novice had been appointed to the Supreme Court.
True. But you have to go back 33 years to the last time it happened with a young nominee named William Rehnquist. A whole generation mine has grown accustomed to the thought that only judges should be considered for the Supreme Court. Besides, Rehnquist was assistant U.S. attorney general at the time, arguably a more powerful and prestigious post than White House counsel.
Experience counts. John Roberts sat on the federal appeals court for just two years before his nomination, and that was something that led some of his critics to argue that he needed more seasoning before ascending to the high court. Two years isn't much. Still, next to Miers, Roberts looks like Oliver Wendell Holmes.
And remember Miguel Estrada? He is the powerhouse Washington lawyer with the Ivy League degrees, the clerkship with the Supreme Court, the experience in the U.S. Attorney's Office and the Office of the U.S. Solicitor General whose nomination to a federal appellate judgeship was killed by Senate Democrats. One line that Democrats offered up for public consumption was that Estrada was unacceptable because, despite the fact that he seemed to be one heck of a lawyer, he had never been a judge.
Now if any Democrats turn around and support Miers, what will that say about them and the real reason they opposed Estrada? And for Republicans who support Miers, what does that say about their commitment to merit?
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