by John M. Curtis
(310) 204-8700

Copyright October 5, 2005
All Rights Reserved.

icking White House Deputy Counsel Harriet E. Miers to replace outgoing Supreme Court Associate Justice Sandra Day O'Connor, President George W. Bush once again outfoxed the opposition. Just as he did with Chief Justice John G. Roberts, Bush chose someone free from the kind of track record and controversy likely to meet stiff resistance in the Senate Judiciary Committee. Both conservatives and liberals groaned, unable to claim victory with Bush's newest pick, unsure about Miers' judicial or personal philosophy. If the Roberts' hearings revealed anything, it was a well-coached candidate could refrain from revealing personal views, leaning instead on cleverly crafted legal responses. As with Roberts, it's likely that the press and the U.S. Senate will learn very little about the 60-year-old Dallas native, whose 35-year legal career remains a mystery to even her closest colleagues.

      Qualifications for the Supreme Court don't center on Ivy-League education or, for that matter, a distinguished career as a judge or legal scholar. Miers worked largely in a litigation practice, serving briefly on the Dallas City Council, and, once acquainted with then Texas Gov. George Bush, a voluntary role cleaning up the Texas Lottery Commission. She was “the best person I could find” for the job said Bush, referring, of course, not to her experience and qualifications but her political suitability. In vetting appointments, the Senate's role of “advice and consent” doesn't involve nitpicking about which judge or law professor might have more solid credentials. Given Miers' training and experience, she well-exceeds the minimum job requirements, whether she fits stereotypes of conservatives or liberals. Speculating about her views on abortion or civil rights is fruitless.

      Whether Miers attends an evangelical Christian church has no relevance to the way she approaches the law or acts professionally. Roberts made it clear that his religious beliefs or personal views don't enter into his professional approach toward judging or practicing law. When Miers meets the Senate Judiciary Committee, she'll give the same answers as Roberts, unwilling to share internal values or hazard personal opinion. "A lot of my fellow conservatives are concerned but they don't know her as I do," said Sen. Orin Hatch (R-Utah), allaying fears that she could turn out like Bush-41 appointee Justice David Souter, a would-be conservative who turned out to be one of the Court's strongest liberals. "She's going to basically do what the president thinks she should and that is to be a strict constructionist," remarked Hatch, trying to allay concerns and reassure conservatives.

      In the aftermath of hurricane Katrina, House Majority Leader Tom Delay (R-Texas) bounced from his job and with the ax not yet falling in “Plamegate” affair threatening his key advisor and deputy chief of staff Karl Rove, Bush had bigger fish to fry than a Senate battle. Miers' past work as managing partner in Dallas law firm Locke Liddell & Sapp more than qualifies her for the High Court. Debating whether she's the best qualified seems pointless. "No on can look at this appointment and say that the president is turning to the very best person he could find," said Kermit Hall, a constitutional scholar, president of the State University of New York at Albany, believing academicians are best suited for Supreme Court appointments. Considered a workaholic for her long hours at the White House, Miers brings a pragmatic background together with an indisputable work ethic.

      Liberals will no doubt want to learn Miers' views on controversial legal rulings like Roe v. Wade that legalized abortion. While she's publicly expressed opposition to abortion, senators will have a difficult time pinning down her personal views. Like Roberts, she'll be well-coached to avoid incendiary topics, especially talking about sex, religion or politics. Roberts showed that Supreme Court nominees can be above the fray on controversial issues. He made it plain that controversial issues are best debated in the marble of the senate or on talk shows not in the High Court. "Now what her values are and where she will stand in this very conservative court, we don't know. And that's what we have to take a look at," said Sen. Diane Feinstein (D-Calif.) promising to probe for Miers' heart. But if Roberts set the tone for disclosure, Miers will stick strictly to academic views about judging.

      Miers' qualifications exceed any reasonable standard for serving on the High Court. Nitpicking about her credentials misses the sheer brilliance of choosing a loyal employee without a controversial background. Bush, once again, demonstrated keen political instincts picking a close confident who can withstand political opposition. "I like Harriet Miers," said Sen. Minority Leader Harry Reid (D-Nev.), touting her accomplishments and praising her “courteous and professional manner.” Reid and other senators encouraged Bush to pick Miers in a Sept. 21 meeting. Bush loses a valuable part of his legal and consulting staff but scores strong leadership points at a time when his popularity has taken a hit. While Bush's Supreme Court picks represent his most enduring legacy, he must find a way to clean up the mess at home and in Iraq or face the cruel fate of history.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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