Miers and Proportional Representation

Not only can’t Miers write – she doesn’t even understand the Constitution.

From her response to the Senate questionnaire:

“While I was an at-large member of the Dallas City Council, I dealt with issues that involved constitutional questions. For instance, when addressing a lawsuit under Section 2 of the Voting Rights Act, the council had to be sure to comply with the proportional representation requirement of the Equal Protection Clause.”

But, from the Washington Post:

“There is no proportional representation requirement in the Equal Protection Clause,” said Cass R. Sunstein, a constitutional law professor at the University of Chicago. He and several other scholars said it appeared that Miers was confusing proportional representation – which typically deals with ethnic groups having members on elected bodies – with the one-man, one-vote Supreme Court ruling that requires, for example, legislative districts to have equal populations.

I wouldn’t necessarily have caught that distinction myself. But guess what? I haven’t been nominated to the U.S. Supreme Court. She has.

Ugh.

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