BamaGuyJP
10-27-2005, 12:34pm
http://www.msnbc.msn.com/id/9837151/
Miers withdraws Supreme Court nomination
Stunning news in tense D.C.; Bush accepts decision ‘reluctantly’
Oct. 27: President Bush says Harriet Miers has withdrawn her nomination for the Supreme Court. NBC's Kelly O'Donnell, reports.
Updated: 10:52 a.m. ET Oct. 27, 2005
WASHINGTON - Under withering attack from conservatives, Harriet Miers on Thursday withdrew her nomination to the U.S. Supreme Court.
In a statement, President Bush said he “reluctantly accepted” her decision to withdraw, after weeks of insisting that he did not want her to step down.
Bush said Miers withdrew because of a bipartisan effort in Congress to gain access to internal documents related to her current role as counsel to the president.
“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. “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 politics also played a role: Bush’s conservative backers had doubts about her ideological purity, and Democrats had little incentive to help the nominee or the embattled GOP president.
Miers’ surprise withdrawal stunned Washington on a day when the capital was awaiting news on another front — the possible indictment of senior White House aides in the CIA leak case.
Miers notified Bush of her decision at 8:30 p.m. Wednesday, according to a senior White House official who said the president will move quickly to find a new nominee.
'Perfect storm'
A White House source, who had been working on Miers’ confirmation, told NBC News that the withdrawal was the result of a “perfect storm” of events — including a call to the White House Wednesday from a conservative Senate Judiciary Committee member who “hoped” the nomination would be withdrawn.
In a letter dated Thursday, Miers said she was concerned that the confirmation process “would create a burden for the White House and our staff that is not in the best interest of the country.”
She noted that members of the Senate had indicated their intention to seek documents about her service in the White House in order to judge whether to support her nomination to the Supreme Court. “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.”
Waves of criticism
Miers’ nomination has been under withering criticism ever since Bush announced her selection on Oct. 3. There were widespread complaints about her lack of legal credentials, doubts about her ability and assertions of cronyism because of her longtime association with Bush.
The nomination drew fire across the political spectrum and caused a rebellion among the conservative core of Bush’s supporters who doubted her qualifications and wanted a nominee who they felt would be a reliable vote against abortion, affirmative actions and other hot-button issues.
On Capitol Hill, there was meager support among Republicans for Miers and her nomination appeared in serious trouble.
Most recently she has been Bush’s White House counsel. Bush said that with her withdrawal, she would remain as counsel. He did not indicate when he would name a successor.
“My responsibility to fill this vacancy remains,” Bush said in a statement. “I will do so in a timely manner.”
Nomination speculation
Before Bush chose Miers, speculation focused on Miers and two other Bush loyalists: Attorney General Alberto Gonzales, Bush’s longtime friend who would be the first Hispanic on the court; and corporate lawyer Larry Thompson, who was the government’s highest ranking black law enforcement official as deputy attorney general during Bush’s first term.
Other candidates mentioned frequently included conservative federal appeals court judges J. Michael Luttig, Priscilla Owen, Karen Williams, Alice Batchelder and Samuel Alito; Michigan Supreme Court justice Maura Corrigan; and Maureen Mahoney, a well-respected litigator before the high court.
NBC’s chief legal correspondent, Pete Williams, noted that Miers’ decision was exceptional, since only seven of 150 nominations have been withdrawn in the history of the court.
Conservative concerns
Miers had been expected to respond Thursday to a new set of questions from senators after her first responses were criticized by Senate Judiciary chairman Arlen Specter, R-Pa., and senior Democrat Patrick Leahy of Vermont.
The committee had scheduled Nov. 7 confirmation hearings for her, but Specter and Leahy said Miers’ answers to their original questions were “incomplete” and “insufficient,” one of several setbacks Miers faced over her nomination to replace retiring Justice Sandra Day O’Connor.
While none of the Senate’s 55 Republicans had announced opposition to her, several groups like Concerned Women of America had 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 conservative group’s chief counsel.
O’Connor to stay on longer
Miers’ withdrawal means the justice she was chosen to replace, Sandra Day O’Connor, will delay her retirement further. O’Connor has been a swing voter on numerous emotional social issues, and more are set to come before the Supreme Court.
On Nov. 30, the court will hear arguments on New Hampshire’s parental notification law for abortion, which a lower court said is unconstitutional because it lacks an exception allowing a minor to have an abortion to protect her health. O’Connor has been expected to vote to strike down the law. That case also could determine the legal standard for challenges to other states’ abortion laws.
Also in late November the court may decide whether it will hear the Bush administration’s appeal of a 2003 federal law that bans the type of late-term operation known as partial-birth abortion. Lower courts have said the law is unconstitutional, because it lacks a health exception.
The Associated Press contributed to this report.
Miers withdraws Supreme Court nomination
Stunning news in tense D.C.; Bush accepts decision ‘reluctantly’
Oct. 27: President Bush says Harriet Miers has withdrawn her nomination for the Supreme Court. NBC's Kelly O'Donnell, reports.
Updated: 10:52 a.m. ET Oct. 27, 2005
WASHINGTON - Under withering attack from conservatives, Harriet Miers on Thursday withdrew her nomination to the U.S. Supreme Court.
In a statement, President Bush said he “reluctantly accepted” her decision to withdraw, after weeks of insisting that he did not want her to step down.
Bush said Miers withdrew because of a bipartisan effort in Congress to gain access to internal documents related to her current role as counsel to the president.
“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. “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 politics also played a role: Bush’s conservative backers had doubts about her ideological purity, and Democrats had little incentive to help the nominee or the embattled GOP president.
Miers’ surprise withdrawal stunned Washington on a day when the capital was awaiting news on another front — the possible indictment of senior White House aides in the CIA leak case.
Miers notified Bush of her decision at 8:30 p.m. Wednesday, according to a senior White House official who said the president will move quickly to find a new nominee.
'Perfect storm'
A White House source, who had been working on Miers’ confirmation, told NBC News that the withdrawal was the result of a “perfect storm” of events — including a call to the White House Wednesday from a conservative Senate Judiciary Committee member who “hoped” the nomination would be withdrawn.
In a letter dated Thursday, Miers said she was concerned that the confirmation process “would create a burden for the White House and our staff that is not in the best interest of the country.”
She noted that members of the Senate had indicated their intention to seek documents about her service in the White House in order to judge whether to support her nomination to the Supreme Court. “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.”
Waves of criticism
Miers’ nomination has been under withering criticism ever since Bush announced her selection on Oct. 3. There were widespread complaints about her lack of legal credentials, doubts about her ability and assertions of cronyism because of her longtime association with Bush.
The nomination drew fire across the political spectrum and caused a rebellion among the conservative core of Bush’s supporters who doubted her qualifications and wanted a nominee who they felt would be a reliable vote against abortion, affirmative actions and other hot-button issues.
On Capitol Hill, there was meager support among Republicans for Miers and her nomination appeared in serious trouble.
Most recently she has been Bush’s White House counsel. Bush said that with her withdrawal, she would remain as counsel. He did not indicate when he would name a successor.
“My responsibility to fill this vacancy remains,” Bush said in a statement. “I will do so in a timely manner.”
Nomination speculation
Before Bush chose Miers, speculation focused on Miers and two other Bush loyalists: Attorney General Alberto Gonzales, Bush’s longtime friend who would be the first Hispanic on the court; and corporate lawyer Larry Thompson, who was the government’s highest ranking black law enforcement official as deputy attorney general during Bush’s first term.
Other candidates mentioned frequently included conservative federal appeals court judges J. Michael Luttig, Priscilla Owen, Karen Williams, Alice Batchelder and Samuel Alito; Michigan Supreme Court justice Maura Corrigan; and Maureen Mahoney, a well-respected litigator before the high court.
NBC’s chief legal correspondent, Pete Williams, noted that Miers’ decision was exceptional, since only seven of 150 nominations have been withdrawn in the history of the court.
Conservative concerns
Miers had been expected to respond Thursday to a new set of questions from senators after her first responses were criticized by Senate Judiciary chairman Arlen Specter, R-Pa., and senior Democrat Patrick Leahy of Vermont.
The committee had scheduled Nov. 7 confirmation hearings for her, but Specter and Leahy said Miers’ answers to their original questions were “incomplete” and “insufficient,” one of several setbacks Miers faced over her nomination to replace retiring Justice Sandra Day O’Connor.
While none of the Senate’s 55 Republicans had announced opposition to her, several groups like Concerned Women of America had 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 conservative group’s chief counsel.
O’Connor to stay on longer
Miers’ withdrawal means the justice she was chosen to replace, Sandra Day O’Connor, will delay her retirement further. O’Connor has been a swing voter on numerous emotional social issues, and more are set to come before the Supreme Court.
On Nov. 30, the court will hear arguments on New Hampshire’s parental notification law for abortion, which a lower court said is unconstitutional because it lacks an exception allowing a minor to have an abortion to protect her health. O’Connor has been expected to vote to strike down the law. That case also could determine the legal standard for challenges to other states’ abortion laws.
Also in late November the court may decide whether it will hear the Bush administration’s appeal of a 2003 federal law that bans the type of late-term operation known as partial-birth abortion. Lower courts have said the law is unconstitutional, because it lacks a health exception.
The Associated Press contributed to this report.