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Goodbye to Harriet Miers

Harriet Miers has withdrawn from her nomination to be the next Supreme Court Justice. Bush and the White House bowed to pressure from the far right who weren't convinced that she's be enough of an idealogue for their purposes. Senate Minority leader Harry Reid commented on the news:
"The radical right wing of the Republican Party killed the Harriet Miers nomination. Apparently, Ms. Miers did not satisfy those who want to pack the Supreme Court with rigid ideologues."

"I had recommended that the President consider nominating Ms. Miers because I was impressed with her record of achievement as the managing partner of a major Texas law firm and the first woman president of the Texas Bar Association. In those roles she was a strong supporter of law firm diversity policies and a leader in promoting legal services for the poor. But these credentials are not good enough for the right wing: they want a nominee with a proven record of supporting their skewed goals."

"In choosing a replacement for Ms. Miers, President Bush should not reward the bad behavior of his right wing base. He should reject the demands of a few extremists and choose a justice who will protect the constitutional rights of all Americans."
I, for one, am absolutely sick and tired of this "stealth nominee" business. If the next nominee is a rabid foe of Roe vs. Wade, and of women's rights, he/she should just come out and say so. The American people need to know what they're getting. If Bush wants to appoint someone who doesn't believe there is a right to privacy in the constitution, then he should just say so -- and make the nominee say so. Because when the American people hear how out of the mainstream some of the people on the short list are, I don't think they're going to like it.

Posted on October 27, 2005
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Harriet Miers' Abortion Views Become Clearer

It looks like all has become clear in the "will she or won't she vote to overturn Roe vs. Wade debate" swirling around Supreme Court nominee Harriet Miers.
Supreme Court nominee Harriet Miers pledged support in 1989 for a constitutional amendment banning abortions except when necessary to save the life of the mother, according to material given to the Senate on Tuesday.

"If Congress passes a Human Life Amendment to the Constitution that would prohibit abortion except when it was necessary to prevent the death of the mother, would you actively support its ratification by the Texas Legislature," asked an April 1989 questionnaire sent out by the Texans United for Life group.

Miers checked "yes" to that question, and all of the group's questions, including whether she would oppose the use of public moneys for abortions and whether she would use her influence to keep "pro-abortion" people off city health boards and commissions.
This should make James Dobson happy and should terrify every woman who would prefer to make her own medical decisions without the intervention of the federal government.

Posted on October 18, 2005
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Harriet and George: The Correspondence

The Smoking Gun has made available for your viewing pleasure the various notes written between Harriet Miers and George Bush when Bush was Governor of Texas. Some of you might be wondering where in the world The Smoking Gun managed to dig up a personal card sent to Governor Bush: did someone rifle through his desk or something? The explanantion is more mundane: the correspondence is part of more than 2000 pages of documents released this week by the Texas State Library and Archives Commission.
OCTOBER 12--Sure, nobody seems to know anything about Supreme Court nominee Harriet Miers's judicial philosophy, abortion position, or conservative bona fides. But here's something not open for debate: the old gal loves exclamation points and seemed to enjoy writing gushy notes to then-Governor George W. Bush. Below you'll find copies of personal correspondence exchanged between Bush and Miers from 1995-2000 (before migrating to Washington, Miers headed the Texas State Lottery Commission, a post to which Bush appointed her).

In a 1997 Hallmark greeting card (adorned with a photo of a dog), Miers sent along belated birthday wishes and noted that "You are the best governor ever--deserving of great respect!" In another note (penned on an American Greetings card), Miers wrote that she hoped Bush's daughters realized that their parents were "cool." A 1995 Miers note thanked Bush for a visit, adding that an airplane ride with the governor was "Cool!" Sadly, the document dump did not include Miers's e-mail or IM messages, which are surely filled with loads of sappy emoticons.
She's certainly polite. Remember, many insiders said that Bush 41 made it to the White House on thank you notes. The man was a veritable note-writing machine. Maybe Harriet reminds W of dear old dad.

Posted on October 13, 2005
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James Dobson's Strange Explanation

Karl Rove's kidney stones and possible impending indictment continue to take a toll on President Bush' ability to spin situations favorably. As the flap over the nomination of Harriet Miers as Supreme Court Justice grows bigger, Bush really put his foot in it today. When asked why he picked Harriet, the president replied that "People are interested to know why I picked Harriet Miers. They want to know Harriet Miers’ background. They want to know as much as they possibly can before they form opinions. And part of Harriet Miers’ life is her religion."

That one statement has opened the door for intense questioning of Miers about her religion and how it might affect her vote. He picked her because of her religion? That's not going to play well with the majority of Americans who don't like the idea of anyone imposing his religious views on the rest of us (e.g., the Schiavo debacle). Bush got backed into a corner when James Dobson blabbed to the media that he had information about Miers from Karl Rove "that he probably shouldn't have." Naturally, the Judiciary Committee wants to know what kind of back room deal was struck between Dobson and Rove, and what this inside information consists of. The leading theory? That Rove promised Dobson that Miers would vote to overturn Roe vs. Wade. Dobson denies it, but many senators aren't buying it.
On a radio show being broadcast Wednesday, Dobson said he discussed Miers with Rove on Oct. 1, two days before her nomination was announced. Dobson said Rove told him "she is from a very conservative church, which is almost universally pro-life," but denied he had gotten any assurances from the White House that she would vote to overturn the 1973 Roe v. Wade decision that legalized abortion.

Dobson said Rove told him that Miers had been a member of Texas Right to Life. White House press secretary Scott McClellan said she was not a member of the organization "that I'm aware of." "My understanding is that she attended some events, some fund-raising events that they had," McClellan said.

Miers bought a $150 ticket to a 1989 fund-raising dinner for another anti-abortion group — Texans United for Life — according to the president of the group, now called the Texans for Life Coalition.

Sen. Patrick Leahy, ranking Democrat on the Judiciary Committee, said: "The rest of America, including the Senate, deserves to know what he and the White House know. We don’t confirm Justices of the Supreme Court on a wink and a nod. And a litmus test is no less a litmus test by using whispers and signals," the Vermont senator said. "No political faction should be given a monopoly of relevant knowledge about a nomination, just as no faction should be permitted to hound a nominee to withdraw, before the hearing process has even begun."
Amen, Brother Leahy.

Posted on October 12, 2005
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The Mystery of Harriet Miers

Time magazine leads with a piece on Harriet Miers about the two knocks against her and how she's going to be confirmed anyway. There's not a lot that is new in the article except for the tidbit that she was once engaged. But the article doesn't give any thrilling details, such as the fiance's name. Other than that, it just rehashes what we already know: not much. The article speculates that when Rove was out of the office with kidney stones, Andy Card (who doesn't get along with Rove at all) cooked up the Harriet Miers nomination with President Bush, keeping it a secret from everyone -- including Harriet.
One of Miers' jobs as White House counsel was to judge the judges, including the search that ended with the Roberts pick. According to a presidential adviser who has been briefed on the chronology of the decision, senior adviser Karl Rove was less involved than he is in most major decisions. Some conservatives speculate that Rove was distracted or out of the loop because of his possible legal jeopardy in the CIA leak case, but White House officials reject that notion. The driving force was chief of staff Andrew H. Card Jr., who took over the vetting role. "This is something that Andy and the President cooked up," the adviser told TIME. "Andy knew it would appeal to the President because he loves appointing his own people and being supersecret and stealthy about it." Relations between Rove and Card have always been strained, and this adviser said the nomination has reignited the tension. Another Republican involved said it reflected Bush's isolation. "Somebody just like her should have told him, "Mr. President, no. This is a mistake." But he picked the picker, so there was no one there to tell him no."
And as for whether she'll be a Sandra Day O'Connor or a Clarence Thomas, an SMU classmate Gary Rice says he thinks she'll more of an O'Connor-type justice.
"My theory is that she is going to be a Justice very much like Sandra Day O'Connor," says Gary Rice, in words that might cheer moderates but spook anyone looking for someone with a weed whacker who will go after liberal rulings of the past 30 years. "If she moves the law, it will be in small steps. She won't be one to say, 'Let's just throw all that out and do something different.'" One of the most intriguing insights into the Real Harriet Miers came from her longtime friend, former law partner and sometime love interest Justice Nathan Hecht, who is considered the most conservative justice on the Texas Supreme Court. "This is very important, and I don't think the public understands," he told TIME. "When you take an oath and swear that you will judge cases properly after that, you can't inject your personal views or religious faith into decisions because it would be wrong. You would either be a bad Christian or a bad judge. Religion says a lot about who you are personally, but it says nothing about stare decisis [following precedent], the commerce clause, the First Amendment, search and seizure or any of the issues she's going to deal with." All of which will surely leave some Christian activists wondering, What's the good of having the first Evangelical on the bench if she leaves her faith in the robing room?
One thing's for sure: this will be much more contentious confirmation hearing than Justice Roberts had.

Posted on October 10, 2005
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Miers' Aide Says She's Extremely Anti-Choice

Well, that didn't take long. Those who are wondering where Harriet Miers stands on the abortion issue have direct evidence that Miers is vehemently anti-choice. In an interview with The Dallas Morning News, Miers' former campaign manager for her run for the Dallas City Council drops these little bombs this morning about her former boss:
As political activists rush to mine Supreme Court nominee Harriet Miers' slender public record, a former campaign manager says she opposed abortion rights while running for Dallas City Council in 1989. "She is on the extreme end of the anti-choice movement," said Lorlee Bartos, who managed Ms. Miers' first and only political campaign and said they discussed abortion once during the race. "I think Harriet's belief was pretty strongly felt," Ms. Bartos said Monday. "I suspect she is of the same cloth as the president."

*****

Ms. Bartos said Ms. Miers was supportive of abortion rights in her youth. She said Ms. Miers then underwent "a born-again, profound experience" that caused her to oppose abortion.

*****

Ron Key, who has been Ms. Miers' pastor since the early 1980s, said his church is anti-abortion. Mr. Key, who recently left Valley View Christian Church to found a new church with Ms. Miers and others, stopped short, however, of saying that those beliefs would color her approach to the law.
Well that seems clear enough. Unless she's undergone some other kind of major conversion in her thinking since 1989 (which is wildly unlikely given her resume) she'll vote for as many restrictions on Roe vs. Wade and then to overturn it faster than you can say "Harry Reid Should Keep His Big Mouth Shut." Oh, didn't you know? It was Harry Reid who suggested Miers to Bush.

Posted on October 4, 2005
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Harriet Miers Gets Her Chance

President Bush got this week's news cycle started by nominating Harriet Meirs, his personal counsel, to be the next Supreme Court justice. So who is Harriet Miers? She's one of the Bush inner circle. She went to SMU and SMU Law School. She was the first woman hired by Locke, Purnell, and later was the first female partner. She helped Bush clean up Texas Lotto. And when she went to the White House, she's the one that's led the search for all those conservative federal judges Bush is so fond of.

But she's never been a judge, so she has virtually no paper trail. A lifelong member of the Valley View Christian church, her pastor says her views on abortion are "consistent with the views of Christian evangelicals." But is that a Jimmy Carter evangelical or a James Dobson evangelical?

An article on Law.com notes that she's single, with no children but has dated conservative Texas Supreme Court Justice Nathan Hecht off and on over the years. One assumes that Justice Hecht (who is rabidly anti-choice) was also unmarried during this episodic dating behavior.

What do we know? Harriet Miers is a trailblazer, no question. She gave money to Al Gore in the 80's before Al Gore was pro-choice. She remembers people's birthdays. She wears size 6 shoes. So, what does it all mean as far as her position on protecting the right to choose? No one has a clue as of today. Let the research begin.

Posted on October 3, 2005
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