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Miers greeted coolly on right
Thursday, October 06, 2005

WASHINGTON -- Several Republican senators said bluntly yesterday that the president had not chosen the most qualified nominee for the Supreme Court in Harriet E. Miers and others warned that Ms. Miers would have to be "very forthcoming" in hearings before the Senate Judiciary Committee to satisfy her conservative critics.

  
Harriet Miers
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The consternation about Mr. Bush's choice on the right has created an uncomfortable situation for the Senate's most conservative Republicans. They are torn between loyalty to the president and reservations about Ms. Miers, who does not have a clear record on contentious issues such as abortion, gay rights and end-of-life decisions.

Many of those senators yesterday were facing reporters for the first time since Mr. Bush announced her nomination Monday and some -- including Sen. Tom Coburn, R-Okla., and Sen. Rick Santorum, R-Pa. -- seemed keen on saying as little as possible about Ms. Miers.

Mr. Santorum would say only: "I don't know that much about her yet, but I'm doing my homework and trying to get more comfortable with the nomination."

Mr. Coburn, previously an outspoken advocate for Mr. Bush's appellate court nominees, was suddenly arguing that Ms. Miers' confirmation was not at the top of his priority list, noting that he was far more concerned with finding a way to balance the billions of dollars in spending on Hurricane Katrina with spending cuts.

"I don't have anything to say, because I don't know," Mr. Coburn said. "I haven't spent any time on it.... This is way off for me."

In an ironic second act to the squabbles over recently confirmed Chief Justice John G. Roberts Jr., it was Republicans who were demanding more information about Ms. Miers and pressing her to be open about her views.

Sen. John Thune, R-S.D., and Sen. Trent Lott, R-Miss., both said that the onus would be on Ms. Miers to convince conservatives she is right for the bench during the hearings.

Mr. Lott said in a television interview with MSNBC that while he has confidence in the president's judicial picks, "It's not enough to just say 'Trust me.' "

"I don't just automatically salute or take a deep bow any time a nominee is sent up," Mr. Lott said. "I have to find out who these people are, and right now, I'm not satisfied with what I know."

Mr. Thune, who defeated former Minority Leader Tom Daschle last year in a campaign that centered on clearing the path for the president's federal judicial nominees, said some conservatives felt "burned in the past on this whole 'trust me' idea," which he said has heightened the uncertainty about Ms. Miers.

"This is a historic opportunity to finally have an opportunity to get some right-thinking people on the Supreme Court and we certainly don't want to miss it," Mr. Thune said.

A number of Republican senators also raised questions yesterday about the qualifications of Ms. Miers, who has never been a judge.

Mr. Lott and Senate Judiciary Committee member Lindsey O. Graham, R-S.C., both said bluntly that Ms. Miers wasn't the most qualified person for the post, though Mr. Graham said he was still inclined to support her because she would be able to bring real world experience to the court.

Senate Judiciary Chairman Arlen Specter, R-Pa., said he wanted to review Ms. Miers' academic standing and her professional work.

"I don't believe it's sufficient simply to know she was the managing partner of a big firm and that she had litigation experience," Mr. Specter said. "I'd like to see some of her legal briefs, and as you know I'm a big stickler for academic record -- I'd like to see what her grades were."

Ms. Miers earned a degree in mathematics from Southern Methodist University in 1967 and then went directly to SMU's law school, graduating in 1970.

Mr. Specter added that he had already begun consulting with some of Ms. Miers' former colleagues and that the reviews had been favorable.

"We know she succeeded in a man's world -- fought her way up under very difficult circumstances to become managing partner of a law firm," Mr. Specter said. "She has a very good record as a lawyer."

One of Ms. Miers' most surprising defenders has been Sen. Mike DeWine, R-Ohio, a judiciary committee member who faces a difficult re-election campaign next year. Mr. DeWine said he did not think the conservatives' concerns were valid.

"I think that there's frankly... a little elitism that's creeping into some of the criticism," Mr. DeWine said. "This is someone who is really just the type of person I'd like to see on the bench.... I think the president has made an exceptional choice."

First published on October 6, 2005 at 12:00 am
Maeve Reston can be reached at 202-488-3479 or mreston@nationalpress.com.
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