Liberals Express Concern; 'Miers Must Answer Questions'
Liberals Express Concern; 'Miers Must Answer Questions'
By Susan Jones
CNSNews.com Senior Editor
October 03, 2005
http://www.cnsnews.com/ViewPolitics.asp?Try=No&Page=\Politics\archive\200510\POL20051003b.html
(Editor's note: This page will be updated as more Democrats and liberal interest groups offer their reaction to President Bush's nomination of Harriet
Miers to serve as associate justice of the U.S. Supreme Court.)
(CNSNews.com) - The person who replaces Sandra Day O'Connor could dramatically tilt the balance of the court," and that's the main concern of Sen. Patrick Leahy, the ranking Democrat on the Senate Judiciary Committee.
In a statement posted on his website, Leahy said it's too soon to "reach any firm judgment" about White House Counsel Harriet Miers, whom he does not know well.
"What I do know is that she has a reputation for being loyal to this President," Leahy said -- and that includes "working to advance his objectives."
Leahy, expressing concern about an "administration intent on accumulating executive power," said Miers' views will be particularly important for the Senate to examine. He questioned whether she would have the "judicial independence necessary" to adjudicate "issues of interest to this administration.
Leahy said many Americans "will be surprised that the president did not pick a Hispanic woman from the many qualified Hispanics across the country recommended to the president. I look forward to the time when the membership of the United States Supreme Court is more reflective of the country it serves," Leahy said.
Leahy said he hopes the White House will "cooperate" with the Senate by "providing us with the information we need to have a full picture of Ms. Miers's qualifications and record, and we will expect her to answer the questions that tell us what kind of a justice she would be in this especially crucial seat on our nation's highest court."
"We just don't know very much," said Sen. Chuck Schumer (D-N.Y.) two hours after President Bush nominated White House Counsel Harriet Miers to serve on the U.S. Supreme Court.
"There's hope that Harriet Miers is a mainstream nominee," he said. "A very preliminary review shows nothing in her record that indicates she wouldn't be."
He said because Miers has been nominated to fill the "swing seat on the Supreme Court," it's very important to find out what her judicial philosophy is - even more important than it was to find out about John Roberts' philosophy.
Schumer said it will be very important for Miers to answer all questions completely and thoroughly.
Sen. Ted Kennedy (D-Mass.) said he looks forward to the Senate Judiciary Committee hearings to learn more about Harriet Miers -- "her qualifications, her ability to be independent from President Bush, and her views on the role of the Court in protecting fundamental rights and liberties."
Kennedy urged President Bush to make available to the Judiciary Committee documents and information relating to Miers's service in the White House and her work for Mr. Bush during his tenure as Texas governor.
"The record we have so far is simply insufficient to assess the qualifications of this nominee," Kennedy said. "While her resume lists impressive qualifications as a practicing attorney, it simply does not give the Senate -- or the public -- sufficient information to determine her qualifications to be a Supreme Court Justice and her commitment to core constitutional values."
Senate Minority Leader Harry Reid (D-Nev.) made some conservatives nervous on Monday when he declared, "I like Harriet Miers."
Reid said Miers has worked with him "in a courteous and professional manner. I am also impressed with the fact that she was a trailblazer for women as managing partner of a major Dallas law firm and as the first woman president of the Texas Bar Association."
Reid also likes the idea that Miers is a practicing attorney: "A nominee with relevant non-judicial experience would bring a different and useful perspective to the court," he said in a statement.
"I look forward to the Judiciary Committee process which will help the American people learn more about Harriet Miers, and help the Senate determine whether she deserves a lifetime seat on the Supreme Court."
Interest groups
The Planned Parenthood Federation of America urged the Senate to take a close look at Harriet Miers' judicial philosophy, and that would include "full access to her records," the group said in a statement.
"We are concerned about the nomination of Harriet Miers and we demand she answer questions regarding her views of fundamental reproductive and privacy rights," said Karen Pearl, interim president of PPFA.
"We expect Miers to make clear her views on reproductive rights during the hearing process, and the Senate should not confirm a nominee who is not willing to do so.
According to Planned Parenthood, during her tenure as head of the Texas Bar Association, Miers led the campaign to reverse the American Bar Association's "pro-choice position on the right to choose."
"Had this campaign been successful, which it was not, the ABA would have been returned to its former position of neutrality," Planned Parenthood said.
Pearl said the nation cannot allow issues such as abortion to be subject to another "guessing game," as they were during the Roberts confirmation hearing.
"The public deserves to know if a nominee to our nation's highest court supports the rights that affect Americans everyday lives. Planned Parenthood calls on the Bush administration and senators to conduct a hearing with utmost transparency by demanding all relevant records and answers to questions."
The Alliance for Justice, a liberal advocacy group, said because Miers does not have a record that would shed light on her legal views, the Senate must take its advise-and-consent duties very seriously.
"A thorough, searching review of Ms. Miers' legal philosophy and the role she has played in some of the most controversial policies of the Bush administration is imperative," said Nan Aron, president of Alliance for Justice.
"The president clearly has some idea what Ms. Miers thinks. She has served by his side for more than a decade. It is now incumbent upon the Senate to obtain the information needed to let the American people know what the president does," Aron said.
NARAL Pro-Choice America said the public expects Harriet Miers to demonstrate that she shares retiring Justice O'Connor's commitment to fundamental freedoms, such as the "right to privacy as guaranteed by Roe v. Wade."
In a statement, NARAL said the burden is on the Bush administration and Miers "to prove to the American people that she will respect and protect our fundamental freedoms, including a woman's right to choose."
Miers' public record does not indicate whether she is a moderate in the tradition of Justice Sandra Day O'Connor, said Nancy Keenan, president of NARAL Pro-Choice America.
The Human Rights Campaign, a homosexual advocacy group, said given the dearth of information about Miers, it hopes the confirmation process will provide more insight into her views.
"It's critical that the Senate thoroughly examines her nomination and that she provide complete and candid answers," Said HRC President Joe Solmonese.