Bush’s surprise pick for the Court
Harriet Miers, longtime friend and lawyer to the president, is his controversial nominee for Supreme Court justice.
What happened
President Bush this week nominated White House counsel Harriet Miers to fill the vacant seat on the Supreme Court. A fellow Texan and born-again Christian, Miers, 60, was formerly Bush's personal lawyer, and headed the selection committee vetting his potential judicial nominees. If confirmed, she would be the first nominee since William Rehnquist to ascend to the nation's highest court without ever having served as a judge. The president's political base, which was hoping for one of a half-dozen prominent conservative jurists, initially reacted to Miers' nomination with dismay. 'œI can understand people not, you know, knowing Harriet,' Bush said. But he said Miers was 'œplenty smart' and a strong constitutional conservative. 'œI picked the best person I could find.'
Like Bush's previous nominee, John Roberts'”who was sworn in last week as chief justice'”Miers has no clear track record on hot-button social issues like abortion. If confirmed, she would fill the seat vacated by Sandra Day O'Connor, often the swing vote on a politically divided court. After a call from Bush political advisor Karl Rove, James Dobson of Focus on the Family declared himself convinced of Miers' conservative credentials. 'œSome of what I know I am not at liberty to talk about,' said Dobson.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
What the editorials said
'œThis nomination was a missed opportunity,' said National Review Online. Harriet Miers may conceivably turn out to be the sort of conservative heavyweight Bush promised his supporters, in the mold of Justice Antonin Scalia. But there is little 'œpersuasive evidence' to think so. She seems merely to be the most qualified nominee 'œin Bush's inner circle.' What a pity Bush didn't pick someone with the legal brilliance and intellect to move the court rightward 'œby the sheer force of her arguments.'
What a relief he didn't, said The New York Times. The little we do know about Miers 'œgives at least some reason to hope that she could be a moderate, pragmatic judge' in the O'Connor mold. Her work as a corporate attorney would suggest she's an open-minded realist, not an ideologue. But Miers has an even skimpier 'œpaper trail' than the enigmatic Roberts, so the Senate 'œneeds to get to work' finding out who this woman is.
What the columnists said
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Let me put it plainly, said George F. Will in The Washington Post. It is 'œimportant that Miers not be confirmed.' If you asked a hundred judicial experts to each list a hundred qualified candidates for the Supreme Court, 'œMiers' name probably would not have appeared in any of the 10,000 places on those lists.' Traditionally, the Senate defers to the president's discretion in picking nominees, but it's clear Bush picked Miers solely because she's a friend and a woman.
The issue is cronyism, said Randy Barnett in The Wall Street Journal. 'œDoes anyone doubt that Ms. Miers' only qualification to be a Supreme Court justice is her close connection to the president?' The Miers nomination is troubling not simply because of her lack of experience but 'œbecause we want a judiciary with independence from the executive branch.' The Founding Fathers insisted all Supreme Court nominees be confirmed by the Senate specifically to prevent the president from sending personal friends and allies to the highest court in the land. Time for the Senate to fulfill that vital role.
This wailing by conservatives is the best reason for Democrats to support Miers' nomination, said Thomas Oliphant in The Boston Globe. For all their condemnations of 'œjudicial activism,' conservatives were desperately hoping for another ideologue to fulfill their 'œlong-delayed hopes of a revolution via the courts.' Instead, Miers appears to be a sensible, moderate pragmatist 'œwhose nomination has deeply disturbed conservatives.' For disenfranchised Democrats, 'œthese days, that's as good as it gets.'
What next?
Create an account with the same email registered to your subscription to unlock access.
-
Top cooking shows for foodies
The Week Recommends From Bake Off to Chef's Table, these mouth-watering TV shows will inspire you in the kitchen
By Irenie Forshaw, The Week UK Published
-
The four presidents who were assassinated in office
The Explainer The unlucky men who fell victim to successful plots against their lives
By David Faris Published
-
Canada's carbon tax in the crosshairs
Under the radar PM Justin Trudeau's flagship green policy has become increasingly unpopular as citizens grapple with high inflation and cost-of-living crisis
By Harriet Marsden, The Week UK Published
-
NSA surveillance ruled unconstitutional
feature A federal judge ruled that the National Security Agency's mass collection of domestic phone data “almost certainly” violates the Constitution.
By The Week Staff Last updated
-
The gun debate one year after Newtown
feature The first anniversary of the school shootings in Newtown reignited the debate over gun control, as another school shooting occurred in Colorado.
By The Week Staff Last updated
-
A gun revolt in Colorado
feature Two Colorado Democrats who helped push through tough new gun-control laws were ousted in a historic recall vote.
By The Week Staff Last updated
-
The battle over voter ID laws
feature The Obama administration is challenging the right of Texas to enforce rigorous new voting restrictions.
By The Week Staff Last updated
-
Stricter affirmative action
feature The Supreme Court raised the bar for considering race in university admissions.
By The Week Staff Last updated
-
Voting Rights Act gutted
feature The Supreme Court struck down a core component of the 1965 Voting Rights Act.
By The Week Staff Last updated
-
A turning point on gay marriage
feature The Supreme Court struck a historic blow in favor of gay rights.
By The Week Staff Last updated
-
Court approves DNA swabs
feature The Supreme Court ruled in a 5-4 decision that police are justified in taking DNA samples from anyone who’s arrested.
By The Week Staff Last updated