Bush chooses White House counsel Harriet Miers for Supreme Court

[lynn]

Bush chooses White House counsel Harriet Miers for Supreme Court

October 03, 2005 8:06 AM EDT
WASHINGTON - President George W. Bush on Monday nominated White House counsel Harriet Miers to replace retiring Justice Sandra Day O'Connor on the Supreme Court, reaching into his loyal inner circle for another pick that could reshape the country's judiciary for years to come.

"She has devoted her life to the rule of law and the cause of justice," Bush said as his first Supreme Court pick, Chief Justice John Roberts, took the bench on the top U.S. court for the first time just a few blocks from the White House. "She will be an outstanding addition to the Supreme Court of the United States."

If confirmed by the Republican-controlled Senate, Miers, 60, would join Justice Ruth Bader Ginsburg as the second woman on the nation's highest court and the third to serve there. Miers, who has never been a judge, was the first woman to serve as president of the Texas State Bar and the Dallas Bar Association.

Miers, whom Bush called a trailblazer for women in the legal profession, said she was humbled by the nod.

"If confirmed, I recognize I will have a tremendous responsibility to keep our judicial system strong and to help insure the court meets their obligations to strictly apply the laws and Constitution," she said.

Democratic and Republican special interests groups had been braced for a political brawl over the pick, but they may not get it. Senate Minority Leader Harry Reid, a Democrat, had urged the president to consider Miers, according to several officials familiar with Bush's consultations with Congress.

The Supreme Court has nine justices, who are appointed to their positions for life. The Senate must approve the president's nominees for the court.

Miers has no judicial record, which may complicate any Democratic attempts to block her nomination. It is impossible to predict whether Miers and Roberts will shift the court to the right. She would replace O'Connor, a critical swing vote on the court who helped uphold the right to abortion and affirmative action. Rehnquist, the late chief justice being replaced by Roberts, was a consistent conservative vote.

"We know even less about Harriet Miers than we did about John Roberts and because this is the critical swing seat on the court, Americans will need to know a lot more about Mier's judicial philosophy and legal background before any vote for confirmation," said Sen. Charles Schumer, a Democrat who is a member of the Judiciary Committee.

Senate Majority Leader Bill Frist, a Republican, said: "With this selection, the president has chosen another outstanding nominee to sit on our nation's highest court. Ms. Miers is honest and hard working and understands the importance of judicial restraint and the limited role of a judge to interpret the law and not legislate from the bench."

Bush, his approval rating falling in recent months, had been under intense pressure to nominate a woman or a minority.

Miers had helped push Roberts' nomination through the Senate, and Bush said that "she will strictly interpret our Constitution and laws. She will not legislate from the bench."

"Harriet Miers is a top-notch lawyer who understands the limited role that judges play in our society," said Noel Francisco, former assistant White House counsel and deputy assistant attorney general during the Bush administration.

The president offered the job to Miers Sunday night over dinner in the residence. He met with Miers on four occasions during the past couple weeks, officials said.

Rehnquist, whose death paved way for Roberts' nomination, had not served as a judge before President Richard Nixon put him on the Supreme Court. Nineteen other justices previously had never served as judges before getting on the high court.

"Having never served as a judge, Ms. Miers has no `paper trail' of judicial opinions, and prospective opponents thus will have a hard time identifying positions to protest or complain about," said Supreme Court historian David Garrow. "What's more, Ms. Miers' professional record as an attorney in Texas is undeniably one of significant achievement and accomplishment, and her proponents will be able to present her as a female trail blazer whose life-record is at least arguably comparable to that of Justice O'Connor."

Formerly Bush's personal lawyer in Texas, Miers came with the president to the White House as his staff secretary, the person in charge of all the paperwork that crosses the Oval Office desk. Miers was promoted to deputy chief of staff in June 2003.

As an attorney in Dallas, Miers became president in 1996 of Locke Purnell, Rain & Harrell a firm with more than 200 lawyers where she worked starting in 1972. After it merged a few years later, she became co-manager of Locke Liddell & Sapp.

When Bush was governor of Texas, she represented him in a case involving a fishing house. In 1995, he appointed her to a six-year term on the Texas Lottery Commission. She also served as a member-at-large on the Dallas City Council and in 1992 became the first woman president of the Texas State Bar.

Copyright 2005 Associated Press.

[lynn]

He's not wasting any time here. Already hearing grumblings. This morning Bill Kristol was being pretty negative, I guess she's not certifiably rabid right enough for Bush's fundamental base.

Talking Points Memo posted this bit from former WH speechwriter David Frum's book:

"In the White House that hero worshipped the president, Miers was distinguished by the intensity of her zeal: She once told me that the president was the most brilliant man she had ever met."

Wow, what can one say about that?

[Doc Martin]

2 nominees with...
• virtually no paper trail
• profile on the level of obsequiousness
• knowledge of and loyalty to the Bush administration

Combined with a need by the administration to...
• Blunt criticism from both the left and the right.
• Reduce chances of a fight or filibuster

Is anyone really surprised? This is a tactic that will eventually be known by future administrations and those who care as "The Bush Manuever."
Yes, they make decisions that boggle the mind; they outdo Reagan in the same "Do As I Say...Not As I Do" approach to fiscal responsibility and have bested him in how to placate Democrats - and Republicans - with the public's largesse. But they do play the game awfully well sometimes.
I'm more interested at the notion that an easy time with the left gives Dems a lot more cache if and when a truly dismal extremist - the kind who will refuse to legislate from the bench unless the issues are search and seizure laws, drug cases, mandatory sentencing guidelines or the legitimacy of Roe v Wade - is selected.
Dems, by and large, give her the same latitude they gave Roberts, it'll be a lot harder for con/Reps to accuse the Dems of being obstructionists when they get up and fight against such and appointment...if indeed they do.

well, based on other Bush appointments, where it seems like they were always looking for the worst possible person available (right-wing lunatic or unqualified crony or industry lobbyist), these picks have been surprising.

[walto]

Is the only case she ever litigated that fish thing?

[Tom Storer]

Now wait just a cotton-pickin' minute here. At least Roberts was a judge. Nominating someone to the Supreme Court who has never even been a judge? I don't know, it just strikes me as ludicrous. But what do I know? Have there been other Supreme Court justices whose first experience as a judge was on the Supreme Court?

[Rob C]

Originally Posted by achilles

Talking Points Memo posted this bit from former WH speechwriter David Frum's book:

"In the White House that hero worshipped the president, Miers was distinguished by the intensity of her zeal: She once told me that the president was the most brilliant man she had ever met."

Wow, what can one say about that?

Who is she, who is so wise in the ways of science?

[Vince Kargatis]

Originally Posted by Tom Storer

NHave there been other Supreme Court justices whose first experience as a judge was on the Supreme Court?

Several, actually, including Rehnquist. Which is not to say I think she appears qualified or anything...

[walto]

Yeah, Tom, a number of them--but I think they (at least in recent history) have been distinguished litigators who've argued a number of important cases at high court levels.

(BTW--I told you a moderate like Clements would never get the nod from Bush, Gordon.)

[Gordon B]

Originally Posted by Vince Kargatis

Several, actually, including Rehnquist. Which is not to say I think she appears qualified or anything...

yes, but Rehnquist had argued many cases before the SC. Earl Warren was never a judge.

Miers is a crony pick. The word is that she'll support the executive branch when the constitutional rights of suspected terrorists come up before the court.

I think it's unlikely that trading Rehnquist and O'Connor for Roberts and Miers will shift the balance on the court very much. However, Roberts was extremely qualified for the position and Miers is a second-tier pick, at best.

Bush probably got assurances from key Democrats that they won't fillibuster the pick. That means probably confirmation. [edit-deleted incorrect information about Exodus Ministries]

from Talking Points Memo, Re: Exodus

Several readers have called my attention to the passage in the president's statement this morning in which he praises Miers' pro bono work for "Exodus Ministries".*


* These readers have pointed out that Exodus is an organization dedicated to bringing "freedom from homosexuality through the power of Jesus Christ." (Exodus is referred to either as 'Exodus' or 'Exodus ministries'.) But a quick look around the web also shows another group called Exodus Ministries which works with ex-prison inmates to prevent their falling back into lives of crime. The organization's website identifies it as "a non-denominational Christian organization established to assist ex-offenders and their families become productive members of society by meeting both their spiritual and physical needs." This latter group is Dallas-based (where Miers is from). So it seems there's a decent chance that it is the latter group she did work for. In any case, worth clearing up.

[Doc Martin]

Our next Supreme Court Justice, is not hot.

[patricia]

I keep thinking about how Dick Cheney became Bush's running mate during the first Presidential campaign.
Like Miers, he was supposed to be looking for a vice Presidential nominee and put his own name forward.
Odd, don't you think?

[clinthopson]

Let's see what can be dug up on her.

A real stealth nominee.

[sonic1]

Sorry to be a dick. But I don't trust anyone who is a Bush Chrony.

[Gordon B]

This is the type of case that will be before the SC in the future. I hope the Senate Democrats grill her on due process not on social issues. I'd be very surprised if she doesn't favor the power of the federal government over the rights of the individual in cases like this.

[Gordon B]

I like this comment. Don't know the person who made it.

Miers was chosen for two reasons and two reasons alone: 1. she's a she; 2. she's a long-time Bush friend. Otherwise, there's nothing to distinguish her from thousands of other lawyers. And holding a high post in the Bar, which the White House seems to be touting, is like holding a high position in any professional organization. But it reveals nothing about the nominee's judicial philosophy.

[Jim Dye]

Originally Posted by Gordon B

I like this comment. Don't know the person who made it.

Miers was chosen for two reasons and two reasons alone: 1. she's a she; 2. she's a long-time Bush friend. Otherwise, there's nothing to distinguish her from thousands of other lawyers. And holding a high post in the Bar, which the White House seems to be touting, is like holding a high position in any professional organization. But it reveals nothing about the nominee's judicial philosophy.

http://bench.nationalreview.com/archives/078282.asp

[Mike Schwartz]

Originally Posted by Tom Storer

Now wait just a cotton-pickin' minute here. At least Roberts was a judge. Nominating someone to the Supreme Court who has never even been a judge? I don't know, it just strikes me as ludicrous. But what do I know? Have there been other Supreme Court justices whose first experience as a judge was on the Supreme Court?

Yes, like the Chief Justice who recently passed, and who was on the court for 33 years...

The one part of this nomination that galls me is that this woman has been the President's personal lawyer. Can we not find another person other than this?
From the rumor mill that Mrs. Bush had insited that O'Connor be replaced by a woman may be in play here behind the scenes...

[Gentle Giant]

An arrogant pick by a clueless President. Bad choice, bad form, bad medicine. I hope the confirmation hearings are long and nasty.

This is, after all, about justice.

[Jim Dye]

Bush Appoints 60-Year-Old Virgin to Supreme Court

In an historic move, President Bush appointed 60-year-old virgin Harriet Miers to the nation's highest court. If confirmed, Miers would be the first virgin judge to serve since the 1864-1873 Chase Court which was composed almost entirely of virgins.

Many are speculating that the increasingly embattled Bush appointed Miers to shore up support from his base.
With his approval rating falling below 40%, it is widely believed that most remaining Bush supporters are either virgins, born-again virgins, or evangelicals in sexless marriages.

[Mike Schwartz]

Originally Posted by Gentle Giant

An arrogant pick by a clueless President. Bad choice, bad form, bad medicine. I hope the confirmation hearings are long and nasty.

This is, after all, about justice.

This just hit me, as I read your comments...
I saw the brief announcement from the oval office before I stepped out to work. I got the feeling that there was no conviction or confidence in the choice by the feel of it, the body language and the tone on display. He was saying all the right words, but there was this creepy uneasiness in his brief comments, which was not apparent the last time around.

[Gordon B]

Originally Posted by Jim Dye

Bush Appoints 60-Year-Old Virgin to Supreme Court

You mean to say that no male lawyer ever offered her a look at his briefs?

[Gordon B]

Originally Posted by Jim Dye

http://bench.nationalreview.com/archives/078282.asp

That's it. I like the rest of it, too.

[Gordon B]

Originally Posted by Gentle Giant

An arrogant pick by a clueless President. Bad choice, bad form, bad medicine. I hope the confirmation hearings are long and nasty.

This is, after all, about justice.

They should be thorough, but not nasty.

[sonic1]

Bush pick for high court outrages conservatives
Bush chose Miers, a lawyer but not a judge whose opinions on key issues likely to come before the high court are largely unknown, to replace the retiring Sandra Day O'Connor.
Conservatives who formed the bedrock foundation of Bush's re-election last November immediately protested the nomination as a betrayal of his campaign promise to pick conservative judges, pointing to her past campaign donations to Democrats.
Miers, 60, a longtime ally of Bush's going back to his days as Texas governor and currently White House counsel, would be the third woman ever to serve on the Supreme Court if confirmed by the U.S. Senate. O'Connor was the first and Ruth Bader Ginsburg has been there since 1993.
"I believe that senators of both parties will find that Harriet Miers' talent, experience and judicial philosophy make her a superb choice to safeguard the constitutional liberties and equality of all Americans," Bush said in a hastily arranged Oval Office ceremony with Miers.
O'Connor, a moderate conservative, was the key swing vote on a number of 5-4 decisions on the closely divided Supreme Court. Democrats said much was unknown about Miers and that she would undergo intense scrutiny by the Senate.
The White House noted some Democrats had urged Bush to consider the Dallas-born Miers but would give no names. One of those, however, was Senate Minority Leader Harry Reid, a Nevada Democrat.
"I like Harriet Miers," said Reid, who had voted against John Roberts as U.S. chief justice in Roberts' confirmation vote last week. "In my view, the Supreme Court would benefit from the addition of a justice who has real experience as a practicing lawyer."
But some conservatives expressed concern that Bush had missed a historic opportunity to shift the balance of the court in a clear way by picking someone in the same mold as conservative justices Antonin Scalia and Clarence Thomas.
"It is very hard to avoid the conclusion that President Bush flinched from a fight on constitutional philosophy. Miers is undoubtedly a decent and competent person. But her selection will unavoidably be judged as reflecting a combination of cronyism and capitulation on the part of the president," said William Kristol, editor of the Weekly Standard magazine.
Manny Miranda, head of a conservative coalition called The Third Branch Conference, said Miers was "the most unqualified choice" for the high court since Lyndon Johnson tried to make Abe Fortas chief justice in 1968.
"I was hoping that the president would keep his campaign promise. He said he would name someone like Antonin Scalia and Clarence Thomas. We thought he meant someone with a clear judicial record on particular issues," Miranda said.
Texas Republican Sen. John Cornyn urged conservatives not to jump to conclusions and not to prejudge her.
Records show Miers has given money over the years to both Republicans and Democrats, including $1,000 to Democrat Al Gore's presidential campaign in 1988.
In 1987 she gave $1,000 to former Texas Sen. Lloyd Bentsen. Bentsen was the Democratic vice presidential nominee who ran against Bush's father in 1988.
In more recent years, Miers has regularly contributed to Republicans such as Bush.
MAINSTREAM NOMINEE?
Democrats were largely measured in their reaction.
New York Democratic Sen. Charles Schumer said Democrats would push for documents on her and would pressure her to answer questions in order to get a sense of her judicial philosophy. "There's hope that Harriet Miers is a mainstream nominee," he said.
Vermont Sen. Patrick Leahy top Democrat on the Senate Judiciary Committee, said Miers has been a Bush loyalist and that "it is important to know whether she would enter this key post with the judicial independence necessary when the Supreme Court considers issues of interest to this administration."
Democrats were frustrated when the conservative Roberts, during his confirmation hearings, refused to comment on cases and issues that he might have to rule on.
It was the second time Bush filled a key government position with a person involved in the search process. In 2000 Dick Cheney had led Bush's search for a vice presidential candidate and ended up with the job. Miers had been on the search committee to find a replacement for O'Connor.
White House spokesman Scott McClellan said Bush met with her four times, on September 21, 28 and 29 and on Sunday night, when he offered her the job over dinner in the White House residence.
She was among six women in a group of 12 to 15 candidates considered for the position, said McClellan.
Bush credited Miers with breaking down barriers to women in the Texas legal profession, becoming the first woman to head her Dallas law firm, the first woman president of the Dallas Bar Association and the first woman elected president of the state bar of Texas.
He called on the Senate to conduct her confirmation hearings with "the same respect and civility" granted Roberts, who was in place on Monday for the opening of the Supreme Court's new term.
Senate Majority Leader Bill Frist, a Tennessee Republican, said he hoped to Senate would vote on her by the Thanksgiving holiday November 24.
Bush said Miers would not legislate from the bench and would strictly interpret the Constitution, his code language for a conservative philosophy.
Miers said if confirmed she would work to help ensure the courts "meet their obligations to strictly apply the laws and the Constitution."
(Additional reporting by Thomas Ferraro, Tabassum Zakaria and Adam Entous)

[JamesH]

I think the latest posts regarding whether certain political appointees are "hot" or not is sexist, pre-adolescent bullshit which is just as harmful and generally more blatant than the racist crap that pops up from time to time.

[Coda]

x

[crawjo]

Originally Posted by Gentle Giant

An arrogant pick by a clueless President. Bad choice, bad form, bad medicine. I hope the confirmation hearings are long and nasty.

This is, after all, about justice.

No offense, but how could you possibly know any of this? Yeah, she's never been a judge before, but then, neither have approximately 40 other former Supreme Court justices. It's not a requirement for the job. Yeah, she's a friend of Bush's, but just because her pick smacks of cronyism doesn't mean she isn't capable of doing the job. Why not let the hearings play out before deciding?

The angry conservative reaction is actually pleasing to me, and I think Miers has a good chance of being confirmed.