Saturday, October 22, 2005


Miers' Answer Raises Questions:
At one point, Miers described her service on the Dallas City Council in 1989. When the city was sued on allegations that it violated the Voting Rights Act, she said, 'the council had to be sure to comply with the proportional representation requirement of the Equal Protection Clause.'

But the Supreme Court repeatedly has said the Constitution's guarantee of 'equal protection of the laws' does not mean that city councils or state legislatures must have the same proportion of blacks, Latinos and Asians as the voting population.

'That's a terrible answer. There is no proportional representation requirement under the equal protection clause,' said New York University law professor Burt Neuborne, a voting rights expert. 'If a first-year law student wrote that and submitted it in class, I would send it back and say it was unacceptable.'