Left and Right Have Questions About Miers
WASHINGTON, Oct. 5–President Bush’s nomination of Harriet Miers for the Supreme Court seat being vacated by Sandra Day O’Connor has senators saying they have questions they want answered before they decide how to vote.
The nomination would preserve the status quo of two female justices on the court, but it has long been expected that any Bush nominee would shift to the right the court’s centrist ideological balance, in which Justice O’Connor has often acted as the swing vote.
In a press release, Sen. Ted Kennedy (D-Mass.) emphasized Ms. Miers’ loyalty to Bush, whom Miers has worked for both in Texas, as the head of state’s lottery commission, and in various positions at the White House. Kennedy wondered whether she could make independent choices, and where she stood on “protecting fundamental rights and liberties.”
Sen. Kennedy last week voted against John Roberts to be chief justice on the grounds that Roberts had not shown enough commitment to protecting civil rights.
Kennedy also called on the White House to release documents from Ms. Miers’ time there. Ms. Miers has never been a judge and therefore has no written decisions that might hint at her views.
“The Senate-and the American people-must have the same amount and quality of information in approving the nomination as the executive had in making it,” Kennedy said.
Sen. John Kerry (D-Mass.) echoed Sen. Kennedy’s concern about the lack of information about Ms. Miers.
“Given how little we know about this nominee other than her work as the President’s lawyer, the White House needs to disclose all documents requested by the Judiciary Committee,” he said in a press release. “Questions need to be answered.”
Social conservatives have questions as well. Many had expected a conservative nominee in the mold of Justices Antonin Scalia or Clarence Thomas, and are expressing disappointment that Ms. Miers does not have clear conservative credentials. Ms. Miers has contributed to both Democratic and Republican campaigns and has been praised by Senate Minority leader Harry Reid, although he has not announced how he will vote.
Rep. Jim McGovern (D-Worcester), who has no role in the confirmation process because he is not a senator, called Miers’ resume “slim.” However, he said he was heartened by the fact that conservatives like talk radio host Rush Limbaugh were not happy.
“Maybe they know something I don’t,” he said.
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