by John M. Curtis
(310) 204-8700

Copyright October 19, 2005
All Rights Reserved.

xploiting the pro-life issue to advance her career, Supreme Court nominee Harriet E. Miers completed a 10-question survey from Texans United for Life in 1989 while running for the Dallas City Council, expressing opposition to abortion, except where the mother's health is at risk. Responding to a request from the Senate Judiciary Committee, Miers turned over a 57-page background questionnaire together with 12 boxes of supporting documents, hoping to shed light on the enigmatic Miers, who, so far, drew anemic support from social and religious conservatives. “It will be a positive for her with me and with others who care about the life issue,” said the Sen. John Thune (R-S.D.), who defeated former Senate Majority leader Tom Daschle in 2004 largely catering to evangelical Christians—the same strategy used by President George W. Bush to beat Sen. John F. Kerry (D-Mass.).

      Thune's remarks give a free X-ray into the Machiavellian strategy used by Republican candidates to “consolidate the base” running against Democrats. Capturing evangelicals represents a formidable problem for Democrats seeking to compete with the “God” issue, including would-be moderates like Sen. Hillary Rodham Clinton (D-N.Y.) considered a frontrunner for her Party's nomination in 2008, though she hasn't yet announced. Evangelicals are overwhelmingly pro-life, supporting candidates that unequivocally oppose abortion and seek to overturn Roe v. Wade, the 1973 Supreme Court ruling legalizing abortion. “I think it will be construed favorably among conservatives,” said Thune, speculating that Miers' public opposition to abortion and overturning Roe v. Wade could help stem conservative resistance to her nomination to the Supreme Court.

      Evangelicals feel abortion is murder and can't support any pro-choice candidate, presenting problems in ‘08 for moderates like Sen. John McCain (R-Ariz.), expected to throw his hat into the ring. In rural states like South Dakota, the pro-life strategy represents a winning formula into elective office. It's getting more difficult for pro-choice Democrats to get elected in the South or Southwest. Expressing dismay over Miers' 16-year-old views, Sen. Diane Feinstein (D-Calif.) showed reservations about voting for anyone opposed to Roe v. Wade. “This raises serious concern about her ability to fairly apply the law without bias in this regard,” said Feinstein, signaling Democratic opposition to Miers' nomination. Without strong conservative backing and with Democratic resistance, Miers' faces an uphill battle in the Judiciary Committee. As the White House knows, it's crucial for Miers to gain acceptance from both conservative skeptics and pro-choice Democrats.

      Playing both sides against the middle, the White House sought to neutralize Democratic concerns that Miers' held prejudicial views against Roe v. Wade. Democrats don't quite get the devious way conservatives exploit the pro-life issue for political gain. When conservative preacher Dr. James Dobson met with Bush's Deputy Chief of Staff Karl Rove, it was supposed to reassure religious conservatives that Miers was OK. Dobson insinuated that he was told something he couldn't repeat about Miers, prompting speculation that she committed to overturning Roe v. Wade, should a case come before the High Court. “The role of a judge is very different for the role of a candidate or a political office holder. And what she was doing in that questionnaire was expressing her views during a campaign,” said White House spokesman Scott McClellan, trying to reassure the committee's Democrats.

      Miers walks a dangerous tightrope trying to minimize her past views, while, at the same time, trying to placate evangelicals and pro-choice Democrats. Unlike recently confirmed Supreme Court Chief Justice John G. Roberts, it's going to be more difficult for Miers to evade questions about her personal philosophy, including views on Roe v. Wade. “Nobody knows what to think about Miers' views on issue after issue,” said Sen. Charles Schumer (D-N.Y.), unable to figure out where Miers stands on important issues. Just as Democrats felt more comfortable, the White House released the Texans United for Life questionnaire, hoping to reassure conservatives that Miers was one of them. Unable to get a reliable headcount, Miers' nomination is truly a crapshoot, though the White House can count on most Republicans. Like Roberts, Miers must do a good job of straddling the fence.

      Publishing Miers' responses on a 16-year-old questionnaire, it's clear that the White House sought support from religious conservatives. Too much attention had been paid to Miers' evenhandedness and accomplishments as the first woman to lead the Texas state Bar and large Dallas law firm. Judiciary Committee's top ranking Democrat Patrick Leahy (D-Vt.) believes Miers will have a lot of explaining to do. “Lack of responsiveness only adds to the burden she will have in the hearings,” said Leahy, warning that too much equivocation could doom her nomination. Pandering to evangelicals on the abortion issue could boomerang, leaving both sides skeptical about confirming the 60-year-old career litigator. Conservatives fear that Miers might turn into another Sandra Day O'Connor, or worse yet David Souter, but there's no guarantee they'll get another Scalia or Thomas.

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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