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Democrats Strongly Defend Miers
Some Senate Democrats are jumping in the middle of a Republican fray to defend Harriet Miers from conservative criticism that she isn't qualified to serve on the Supreme Court. That doesn't mean Democrats will vote to approve President Bush's long-time confidante for the high court or give her an easy time at a Senate confirmation hearing.
Behind the scenes, a half-dozen aides to Senate Democrats — speaking on condition of anonymity to protect their jobs — admit that they are enjoying watching the GOP's right wing beat up the president.
Story Continues Below None will say whether their bosses feel the same way — or might be insincere when they heap praise on Miers and call her critics unfair. "All the trashing is coming from the right wing of the Republican Party," Sen. Tom Harkin, D-Iowa, said in a conference call with reporters. "I really think it's despicable what they're doing." Sen. Barbara A. Mikulski, D-Md., accused critics of Miers' nomination of being "incredibly sexist." "They're saying a woman who was one of the first to head up a major law firm with over 400 lawyers doesn't have intellectual heft," Mikulski said. "I find this a double standard." More unusual is the outright praise from some Democrats for the person who would replace retiring Justice Sandra Day O'Connor, a critical moderate vote on abortion, affirmative action and other close rulings. "I like what I hear so far," said Sen. Mark Pryor. Many conservatives don't. Several columnists have derided Bush's decision, and some groups have called on the president to withdraw her name. Bush insists that Miers is worthy, citing her 35-year legal career and her service in city and state government as well as the White House. "When she goes before the Senate, I am confident that all Americans will see what I see every day: Harriet Miers is a woman of intelligence, strength and conviction," the president said Saturday in his weekly radio address. "And when she is confirmed by the Senate, I am confident that she will leave a lasting mark on the Supreme Court and will be a justice who makes all Americans proud."
There are 55 Republicans, 44 Democrats and one independent senator, Jim Jeffords of Vermont. If six conservative Republicans vote against Miers, a united Democratic caucus along with Jeffords could defeat her nomination. Galling to many conservatives is that Senate Democratic leader Harry Reid of Nevada recommended that Bush nominate Miers and has praised her several times since then without actually promising to vote for her. The White House enlisted many conservative leaders to testify that Miers would be a reliable vote. Sen. Patrick Leahy, the Senate judiciary committee's senior Democrat, tried to counter that assurance when he asserted that Miers pledged to be independent when they discussed her nomination. "I said, 'Would you disavow people who send out assurances that they know how you're going to vote?' She said, 'Absolutely,'" said Leahy. "She said, 'I will be my own person, I will be independent. Nobody has the authority or right or ability to tell how I'm going to vote.'" Democrats are preparing to blanket the White House with document requests to help flesh out Miers' judicial philosophy. However, her work there would fall under executive privilege or lawyer-client privilege. Bush aides have anticipated such requests. While Miers will answer senators' questions, the White House will not provide them with "confidential deliberative documents" relating to work for the president, spokesman Scott McClellan said. Democrats are keying on demands by conservatives that Miers be forthcoming at her confirmation hearings. Last month, the court's new chief justice, John Roberts, had solid support from conservatives when he declined to answer many questions from Democrats. This time, Democrats hope Miers will feel pressured to be more open. "The idea that Americans shouldn't know what the judicial philosophy of the nominee to this powerful, powerful position is wearing thin with the American people, whether they be liberal, conservative or moderate," said Sen. Charles Schumer, D-N.Y.
© 2005 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. Editor's note:
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