As president of the State Bar of Texas, Harriet Miers wrote that "our legal community must reflect our population as a whole," and under her leadership the organization embraced racial and gender set-asides and set numerical targets to achieve that goal...What are the chances that she's going to find it unconstitutional for the government to do the same thing? Answer: very small. (UPDATE 9 PM: I hadn't realized it, but the Texas State Bar actually is a branch of government. [Hat Tip: Jonah Goldberg.]) If she joins the court, Miers will most likely be to the left of Sandra Day O'Connor on this issue.
Miers was a believer in mentoring programs, but during her tenure she and the board of directors went further, passing a resolution urging Texas law firms to set a goal of hiring one qualified minority lawyer for every 10 new associates. The directors also reiterated support for a policy of setting aside a specific number of seats on the board for women and minorities.
Although Miers was not the author of either policy, she never objected to them, according to tapes of the meetings, and numerous board members who served with her said she fully supported both efforts.
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