Bush Taps Miers -

[DanCa]

Bush taps counsel Harriet Miers for Supreme Court

WASHINGTON (AP) — President Bush nominated White House counsel Harriet Miers to the Supreme Court on Monday, turning to a lawyer who has never been a judge to replace Sandra Day O'Connor and help reshape the nation's judiciary.

Miers, who has never been a judge, "will not legislate from the bench," Bush said in his nomination Monday.
By Ron Edmonds, AP "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 for the first time just a few blocks from the White House. 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 was the first woman to serve as president of the Texas State Bar and the Dallas Bar Association. Senate Republicans said they would press for confirmation by Thanksgiving — a tight timetable by recent standards that allowed less than eight weeks for lawmakers to review her record, hold hearings and vote. Within hours of Bush's announcement in the Oval Office, Miers headed for the Capitol to begin courtesy calls on the senators who will vote on her nomination. Senate Majority Leader Bill Frist, R-Tenn., was first on the list. His welcome was a statement in praise. "With this selection, the president has chosen another outstanding nominee to sit on our nations highest court," it said.

Miers bio in brief

NAME — Harriet Ellan Miers.
AGE — 60, born in Dallas.
EDUCATION — B.S., Southern Methodist University, 1967; J.D., Southern Methodist University School of Law, 1970.
EXPERIENCE — 2004-present, White House counsel; 2003-2004, White House deputy chief of staff for policy; 2001-2003, White House staff secretary; 1995-2001, chairwoman, Texas Lottery Commission; 1972-2000, private law practice; 1992, president, Dallas Bar Association; 1989-1991, member, Dallas City Council; 1985, president, Dallas Bar Association.
FAMILY — Single, no children.


Senate Democratic Leader Harry Reid was complimentary, issuing a statement that said he likes Miers and adding "the Supreme Court would benefit from the addition of a justice who has real experience as a practicing lawyer." At the same time, he said he looked forward to the "process which will help the American people learn more about Harriet Miers, and help the Senate determine whether she deserves a lifetime seat on the Supreme Court." Miers, whom Bush called a trailblazer for women in the legal profession, said she was humbled by the nod. "It is the responsibility of every generation to be true to the founders' vision of the proper role of the courts in our society," she said. "If confirmed, I recognize that I will have a tremendous responsibility to keep our judicial system strong and help ensure that the courts meet their obligation to strictly apply the law and the Constitution."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, D-Nev., had urged the president to consider Miers, according to several officials familiar with Bush's consultations with Congress. 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.

Reaction to Miers

Quotes from politicians, interest group leaders and analysts on Bush's nomination:
``The Supreme Court would benefit from the addition of a justice who has real experience as a practicing lawyer. The current justices have all been chosen from the lower federal courts. A nominee with relevant non-judicial experience would bring a different and useful perspective to the court.'' -Senate Democratic Leader Harry Reid of Nevada ``She has a reputation for being loyal to this president, whom she has a long history of serving as a close adviser and in working to advance his objectives. In an administration intent on accumulating executive power, Ms. Miers' views on and role in these issues will be important for the Senate to examine.'' -Sen. Patrick Leahy, D-Vt., top Democrat on the Judiciary Committee
``Harriet Miers is a brilliant legal mind. She is a woman of outstanding character who clearly understands what it means to follow the law. She is deeply committed to public service, and has a distinguished history of professional achievement. It is clear that her past experiences have well prepared her for the honor of serving our country as a Supreme Court Justice.'' -Sen. John Cornyn, R-Texas
``We are concerned about the nomination of Harriet Miers and we demand she answer questions regarding her views of fundamental reproductive and privacy rights. We expect Miers to make clear her views on reproductive rights during the hearing process, and the Senate should not confirm a nominee who is not willing to do so.'' -Karen Pearl, interim president of Planned Parenthood
`The president's nomination of Miers is a betrayal of the conservative, pro-family voters whose support put Bush in the White House in both the 2000 and 2004 elections and who were promised Supreme Court appointments in the mold of Thomas and Scalia. ... When there are so many proven judges in the mix, it is unacceptable this president has appointed a political crony with no conservative credentials.'' -Eugene Delgaudio, president of the conservative group Public Advocate
``Harriet Miers has had a trailblazing career as one of the top lawyers in the country and is extraordinarily well qualified to serve on the Supreme Court.'' -Ken Mehlman, chairman, Republican National Committee
`With no past judicial experience for the senators to consider, the burden will be on Miers to be forthright with the Senate and the American people. She must outline her judicial philosophy and provide direct answers to questions about how and whether she will uphold fundamental rights, liberties and legal protections on which Americans rely. ... There must be no rush to judgment.'' -Ralph G. Neas, president of People for the American Way, a liberal public advocacy group
``We owe it to the American people to take our time to be sure the nominee will uphold their most basic and fundamental rights. The public demands this from the process, and deserve no less.'' -Sen. Barbara Mikulski, D-Md.
`The reaction of many conservatives today will be that the president has made possibly the most unqualified choice since Abe Fortas who had been the president's lawyer. The nomination of a nominee with no judicial record is a significant failure for the advisers that the White House gathered around it. However, the president deserves the benefit of a doubt, the nominee deserves the benefit of hearings, and every nominee deserves an up or down vote.'' -Manuel Miranda, chairman of the conservative Third Branch Conference
`I have worked with her for many years and have seen firsthand her legal acumen and know that she will be a credit to the court and this nation. She has risen to the very top of the legal profession, earning the respect of all who know her. Ms. Miers would bring to the Court her brilliance, dedication, and her commitment to the rule of law and equal access to justice for all.'' -Attorney General Alberto R. Gonzales
`We give Harriet Miers the benefit of the doubt because thus far, President Bush has selected nominees to the federal courts who are committed to the written Constitution. Whether we can support her will depend on what we learn from her record and the hearing process.'' -Jan LaRue, chief counsel of the conservative Concerned Women for America
`This is a smart move. You try to pick a nominee that Democrats won't be able to criticize as much because they are a woman or minority. This is a classic Clarence Thomas strategy.'' -Artemus Ward, Northern Illinois University political science professor
"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, D-N.Y., a member of the Judiciary Committee.
Senate Majority Leader Bill Frist, R-Tenn., said: "With this selection, the president has chosen another outstanding nominee to sit on our nations 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." Conservatives apparently agreed.
Initial reaction from conservatives was positive.
"She has been a forceful advocate of conservative legal principles and judicial restraint throughout her career," said Leonard Leo, executive vice president of the Federalist Society.
"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 Nixon put him on the Supreme Court. Nineteen other justices previously had never served as judges before getting on the high court. According to the White House, 10 of the 34 Justices appointed since 1933,including Rehnquist and the late Justice Byron White, were appointed from positions within the president's administration.

"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." Known for thoroughness and her low-profile, Miers is one of the first staff members to arrive at the White House in the morning and among the last to leave. When Bush named her White House counsel in November 2004, the president described Miers as a lawyer with keen judgment and discerning intellect — "a trusted adviser on whom I have long relied for straightforward advice." He also joked of Miers, "When it comes to a cross-examination, she can fillet better than Mrs. Paul." With no record, liberals say the White House should be prepared for Miers to be peppered with questions during her Senate confirmation.
"Choosing somebody who is not a judge would put that much more of a premium on straight answers to questions because there would be that much less for senators and the public to go on when looking at such a nominee's judicial philosophy," says Elliot Mincberg, counsel with the liberal People for the American Way. 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. s 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.

[DanCa]

1. Sorry for the ugliness of this post my hands arent working well today. nt