The Sound of Silence: Capitol Hill Players Scratch Their Heads over Miers

The Supreme Court has the power to affect our daily lives through decisions on everything from privacy to workplace standards to health issues. And Supreme Court Justices serve a life term, so their decisions influence Americans for decades. That’s why it’s especially important to pay attention to the nomination and confirmation process; the outcome will affect each of us.

On October 3, 2005, President Bush named Harriet Miers as his nominee to replace retiring Supreme Court Justice Sandra Day O’Connor. It was as if his announcement was followed by a shocked silence, save for the sound of chirping crickets and a few groans. Surprised-looking Democrats kept quiet while a few dazed Republicans muttered questions and criticisms, and everyone, including the press, left scratching their heads.

Anti-abortionists have some serious doubts about the virtually unknown Ms. Miers. They fear that she could be another David Souter, a justice appointed by the first George Bush who turned out to be much less conservative than everyone thought -- he even upheld Roe v. Wade.

Doubting Bush

People who base their political philosophies on traditional Christian beliefs are often labeled "social conservatives;" they tend to be anti-abortion, anti-gay rights, and opposed to some civil rights issues like affirmative action. Some of these groups are wary of the Miers nomination. They feel they need more information before they can back Bush on this one.

For example, famous conservative activist Phyllis Schlafly is publicly disgruntled by Bush’s choice. She and her group, Eagle Forum, feel that the Miers nomination is a blatant disregard of the conservative movement and that Bush’s choices in Miers and Roberts do little to combat social change through the courts or, judicial activism.

Likewise, Jan LaRue from Concerned Women for America says her group can’t support Miers until they know more about her, but LaRue remains hopeful.

Some support

Some social conservatives are offering Bush support. James Dobson, chairman of Focus on the Family, has offered his groups’ backing after being lobbied by the White House, as did David N. O’Steen, from the National Right to Life Committee.

A member of the Judiciary Committee, Senator Orrin Hatch (R-Utah), knows Miers well and believes she is an excellent choice. Hatch, a staunch opponent of abortion rights, says that Ms. Miers will have to work hard to convince Republicans as well as Democrats during the hearings.

What do we know about Miers?

In 1972, Harriet Miers was the first woman to be hired by Locke, Purnell, Boren, Laney and Neely, a prestigious law firm in Dallas, Texas. Miers rose to the top of the firm, becoming the first ever woman president. She was also the first woman to lead the Dallas Bar Association and the Texas Bar Association.

Miers spent a short time on the Dallas City Council in the early nineties before she was appointed head of the Texas State Lottery by then-Governor George W. Bush, whom she followed to the White House.

While campaigning for city council in 1989, Miers filled out a questionnaire from a gay rights group, indicating that gays and lesbians should have the same rights as straight people, and that the city should fund AIDS education and services. (Although AIDS is not strictly a gay issue, in 1989 it was closely associated with the gay rights movement.) However, the same questionnaire showed that Miers was against the repeal of Texas sodomy laws. Yet, when Mier was elected, she appointed an openly gay attorney to an important city board.

Miers is a born-again Christian who attends an Evangelical Protestant Church. Needless to say, her church is against abortion rights, and according to her close friends and colleagues, Miers is herself anti-abortion. But so far there is no indication that Miers would overturn Roe v. Wade.

Since Miers has never been a judge, there is not much of a paper trail for politicians and the press to follow. Clearly, the hearings will be essential to her confirmation.

What to ask her?

Ronald Dworkin, law professor and constitution specialist, suggests that the Judiciary Committee should question nominees about their vision of a constitutional democracy. This would force Miers to describe what she believes is the ideal relationship between majority rule through legislatures and the Constitution’s promise of a democratic society that is democratic for all.

What do we do if the majority wants to use its power to limit the freedom and protection of particular people or groups?

Miers could not avoid a philosophical question with the usual excuse about hypothetical or real cases - that a case might come up and she should not prejudge it.

Bush tendency

President Bush tends to reward his inner circle of friends. Some call it cronyism, others call it knowing whom to trust. Like Dick Cheney, Margaret Spellings (secretary of education), Karen Hughes (undersecretary of state), Alberto Gonzales (attorney general), and Condoleezza Rice (secretary of state), Harriet Miers is a recipient of the Bush policy to promote from within.

Some say it is unfair and irresponsible for Bush to pass over those with better qualifications and more experience in order to pick people he depends on and understands. But in the case of Harriet Miers, President Bush could be making a strategic choice -- he may believe he can count on her more than anyone else to further his political philosophies after he has left office.

What do you think?

Should a nominee to the Supreme Court have experience as a judge? Should supporters expect to have nominees that match their beliefs? Do you think nominees should be questioned about their philosophy of government or about their beliefs on specific wedge issues?

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Posted on: 10/7/2005