Harriet Miers calls it quits

Harriet Miers and President Bush

Amid mounting opposition from President Bush's conservative base and doubts expressed by both Republican and Democratic senators about her qualifications, Harriet Miers today withdrew her nomination to be a Supreme Court justice.

President Bush, who said he reluctantly accepted her decision, insisted he could not give in to demands from the Senate to release White House documents protected by executive privilege.

"It is clear that senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House – disclosures that would undermine a president's ability to receive candid counsel," Bush said in statement .

"Harriet Miers' decision demonstrates her deep respect for this essential aspect of the constitutional separation of powers – and confirms my deep respect and admiration for her."

But Senate Judiciary Committee member Charles Schumer, D-N.Y., called the document issue a "pretext" for the withdrawal.

"The White House offered a nominee who had no record except for the documents, and then said, 'We won't give you the documents.' ... The president kept saying, 'the more you learn about Harriet Miers, the more you'll like her,' and then said, 'I'm not going to let you learn about her,'" said Schumer.

In a statement, Senate Minority Leader Harry Reid, D-Nev., who had recommended Miers to the president, said the "radical right wing of the Republican Party killed the Harriet Miers nomination."

"Apparently, Ms. Miers did not satisfy those who want to pack the Supreme Court with rigid ideologues," Reid said.

The Democrat leader said he had been impressed with Miers' "record of achievement as the managing partner of a major Texas law firm and the first woman president of the Texas Bar Association."

"In those roles she was a strong supporter of law firm diversity policies and a leader in promoting legal services for the poor," Reid said. "But these credentials are not good enough for the right wing: They want a nominee with a proven record of supporting their skewed goals."

He warned the president, in choosing a replacement, to "not reward the bad behavior of his right-wing base."

Only seven out of 150 nominations in the court's history have been withdrawn.

Bush did not indicate when he would name a replacement, but said, "My responsibility to fill this vacancy remains. I will do so in a timely manner."

Some of the top candidates mentioned by conservatives are appeals court judges Michael Luttig, Samuel Alito, Janice Rogers Brown, Edith Jones and Priscilla Owen.

Miers informed the president last night of her decision, submitting a letter that said she was concerned the confirmation process "would create a burden for the White House and our staff that is not in the best interest of the country."

The request by senators for documents related to her service as White House counsel were a concern.

"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," she wrote.

"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."

While there was opposition to Miers from Senate Democrats and liberal advocacy groups, doubts about her fitness for the high court mounted from the president's conservative base.

Yesterday, the evangelical group Concerned Women for America called for her withdrawal.

"We believe that far better qualified candidates were overlooked and that Miss Miers' record fails to answer our questions about her qualifications and constitutional philosophy," said Jan LaRue, the group's chief counsel.

A new television ad quoting Robert Bork and Rush Limbaugh was slated to hit the air this week as part of an orchestrated effort to have Miers' name withdrawn.

The 30-second spot, produced by a group formed by conservative pundits, Americans for Better Justice, was to run on Fox News shows such as "Fox & Friends," "Special Report with Brit Hume," and "Hannity and Colmes" as part of a $250,000 television and radio buy.

When Bush announced his choice of Miers Oct. 3, many of the president's most loyal supporters immediately reacted with anger and dismay, saying they felt betrayed by a president who claimed his models for a Supreme Court justice were Antonin Scalia and Clarence Thomas – "originalists" and "strict constructionists" with a bold, unapologetic conservative judicial philosophy.

The Miers opponents from the right believed Bush was unwilling to engage in a serious battle with Senate Democrats and moderate Republicans over a strong conservative nominee and, instead, decided on a "stealth" pick with a minimal paper trail who stood a better chance of being confirmed.

Responding to the announcement today, CWA Executive Vice President Wendy Wright said Miers "has shown great respect and consideration by putting the needs of the American people and the judicial system above her own personal ambitions."

"We look forward to future opportunities of working with Miss Miers and will stand united with her on common goals," Wright said.

Phyllis Schlafly of the Eagle Forum, a member of a conservative coalition called WithdrawMiers.org, said the president "has done the right thing."

"We hope the president will honor his campaign commitment and nominate a justice in the mold of Scalia and Thomas, someone who promises to uphold the Constitution as it was written, not as it might evolve."

Another coalition member, Richard Viguerie of ConservativeHQ.com, said the move "presents President Bush with an opportunity to put forward a nominee that will allow for a substantive and dignified debate about the role of a judge and respect for the Constitution while uniting his conservative base."

Focus on the Family founder James C. Dobson, who declared initial support for Miers after a conversation with Bush adviser Karl Rove, said the president's acceptance of Miers' withdrawal was "a wise decision."

"In recent days I have grown increasingly concerned about her conservative credentials, and I was dismayed to learn this week about her speech in 1993, in which she sounded pro-abortion themes, and expressed so much praise for left-wing feminist leaders," Dobson said.

Dobson, pointing out his support at the beginning was "tentative," said he was waiting to hear more about her judicial philosophy through the Senate Judiciary Committee hearings, which were scheduled to begin Nov. 7.

"Based on what we now know about Miss Miers, it appears that we would not have been able to support her candidacy," he said. "Thankfully, that difficult evaluation is no longer necessary."

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