Harriet Miers withdrew her Supreme Court nomination today. This news does not surprise me. Here is the text of Miers' letter:
Dear Mr. President:
I write to withdraw as a nominee to serve as an Associate Justice on the Supreme Court of the United States. I have been greatly honored and humbled by the confidence that you have shown in me, and have appreciated immensely your support and the support of many others. However, I am concerned that the confirmation process presents a burden for the White House and our staff that is not in the best interest of the country.
As you know, members of the Senate have indicated their intention to seek documents about my service in the White House in order to judge whether to support me. I have been informed repeatedly that in lieu of records, I would be expected to testify about my service in the White House to demonstrate my experience and judicial philosophy. While I believe that my lengthy career provides sufficient evidence for consideration of my nomination, I am convinced the efforts to obtain Executive Branch materials and information will continue.
As I stated in my acceptance remarks in the Oval Office, the strength and independence of our three branches of government are critical to the continued success of this great Nation.
Repeatedly in the course of the process of confirmation for nominees for other positions, I have steadfastly maintained that the independence of the Executive Branch be preserved and its confidential documents and information not be released to further a confirmation process. I feel compelled to adhere to this position, especially related to my own nomination. Protection of the prerogatives of the Executive Branch and continued pursuit of my confirmation are in tension. I have decided that seeking my confirmation should yield.
I share your commitment to appointing judges with a conservative judicial philosophy, and I look forward to continuing to support your efforts to provide the American people judges who will interpret the law, not make it. I am most grateful for the opportunity to have served your Administration and this country.
Most respectfully,
Harriet Ellan Miers
A well-written letter. However, an article in Newsmax today suggests that senators may have prompted the withdrawal. The New York Sun claims that at least two Republican senators were ready to ask the White House to withdraw the nomination. A Wednesday article in the Washington Post apparently raised some concerns. Here is what Newsmax reports:
The Sun claimed an anonymous highly-placed Republican staffer said the senators were disturbed by a report in Wednesday’s Washington Post about a Miers speech in 1993.
Miers reportedly applauded a jurisprudential move toward "self-determination” in resolving debates about law and religion.
"The ongoing debate continues surrounding the attempt to once again criminalize abortions or to once and for all guarantee the freedom of the individual woman’s right to decide for herself whether she will have an abortion,” Miers told a Dallas crowd.
"The underlying theme in most of these cases,” she continued, "is the insistence of more self-determination. The more I think about these issues, the more self-determination makes the most sense. Legislating religion or morality we gave up on a long time ago.”
Personally, I think it is for the best that Miers will not be on the Court. The Drudge Report recently suggested that the reason Bush nominated Miers was because it was considered proper for a woman to be nominated to replace Sandra Day O'Connor, and the other women on Bush's list did not wish to accept the nomination for fear of being subjected to the process. Did any of Clinton's nominees fear "the process" as much as this? A Republican president's nominees are the only ones who fear being "Borked" by the Senate. And this notion that only women can represent women is damaging to the country.
Dear Mr. President:
I write to withdraw as a nominee to serve as an Associate Justice on the Supreme Court of the United States. I have been greatly honored and humbled by the confidence that you have shown in me, and have appreciated immensely your support and the support of many others. However, I am concerned that the confirmation process presents a burden for the White House and our staff that is not in the best interest of the country.
As you know, members of the Senate have indicated their intention to seek documents about my service in the White House in order to judge whether to support me. I have been informed repeatedly that in lieu of records, I would be expected to testify about my service in the White House to demonstrate my experience and judicial philosophy. While I believe that my lengthy career provides sufficient evidence for consideration of my nomination, I am convinced the efforts to obtain Executive Branch materials and information will continue.
As I stated in my acceptance remarks in the Oval Office, the strength and independence of our three branches of government are critical to the continued success of this great Nation.
Repeatedly in the course of the process of confirmation for nominees for other positions, I have steadfastly maintained that the independence of the Executive Branch be preserved and its confidential documents and information not be released to further a confirmation process. I feel compelled to adhere to this position, especially related to my own nomination. Protection of the prerogatives of the Executive Branch and continued pursuit of my confirmation are in tension. I have decided that seeking my confirmation should yield.
I share your commitment to appointing judges with a conservative judicial philosophy, and I look forward to continuing to support your efforts to provide the American people judges who will interpret the law, not make it. I am most grateful for the opportunity to have served your Administration and this country.
Most respectfully,
Harriet Ellan Miers
A well-written letter. However, an article in Newsmax today suggests that senators may have prompted the withdrawal. The New York Sun claims that at least two Republican senators were ready to ask the White House to withdraw the nomination. A Wednesday article in the Washington Post apparently raised some concerns. Here is what Newsmax reports:
The Sun claimed an anonymous highly-placed Republican staffer said the senators were disturbed by a report in Wednesday’s Washington Post about a Miers speech in 1993.
Miers reportedly applauded a jurisprudential move toward "self-determination” in resolving debates about law and religion.
"The ongoing debate continues surrounding the attempt to once again criminalize abortions or to once and for all guarantee the freedom of the individual woman’s right to decide for herself whether she will have an abortion,” Miers told a Dallas crowd.
"The underlying theme in most of these cases,” she continued, "is the insistence of more self-determination. The more I think about these issues, the more self-determination makes the most sense. Legislating religion or morality we gave up on a long time ago.”
Personally, I think it is for the best that Miers will not be on the Court. The Drudge Report recently suggested that the reason Bush nominated Miers was because it was considered proper for a woman to be nominated to replace Sandra Day O'Connor, and the other women on Bush's list did not wish to accept the nomination for fear of being subjected to the process. Did any of Clinton's nominees fear "the process" as much as this? A Republican president's nominees are the only ones who fear being "Borked" by the Senate. And this notion that only women can represent women is damaging to the country.
posted by Liberty Bell Blues | 8:34 AM
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