By James Rowley
Oct. 6 (Bloomberg) -- U.S. Supreme Court nominee Harriet Miers's reception so far among Senate Republicans indicates President George W. Bush needs to persuade more members of his own party he made the right choice.
A day after Bush sought to assure conservative activists that Miers, the White House counsel, would be the kind of justice he has promised to appoint, several Republican lawmakers say they aren't so sure.
Citing her lack of experience as a judge, Mississippi Senator Trent Lott and other Republicans questioned whether Miers would be a reliable conservative vote if confirmed to succeed Justice Sandra Day O'Connor, who tipped the balance when the court upheld abortion rights and affirmative action.
``I'm not comfortable with the nomination,'' Lott said yesterday on MSNBC television. ``Is she the most qualified person? Clearly, the answer is no.'' Lott said there were ``a lot more people'' who were ``more qualified in my opinion, by their experience.''
Lott said he wasn't reassured by Bush's statement Oct. 4 that he knows ``exactly the kind of judge'' she would be. ``He's not the nominee, and it's not enough to just say `trust me,''' Lott said.
Bush may need to do more personal persuading because he nominated ``somebody who has a relatively thin record in terms of public activities, writings,'' said John Q. Barrett, who teaches law at St. John's University in New York.
`Long-Term Association'
Still, ``the president's close long-term association with her'' and Bush's confidence ``that he is appointing what he wants is generally in the end pretty credible,'' Barrett said. ``People who want what he wants, I expect, will grow more and more comfortable with those assurances.''
The concern raised by some Republican lawmakers reflected a split in conservative ranks. Some organizations, such as Paul Weyrich's Washington-based Free Congress Foundation, have withheld their support for Miers because her views are unknown.
``There is just a lot of angst out there'' among conservatives, freshman Republican Senator John Thune of South Dakota told reporters.
``Conservatives see this as having enormous stakes,'' Thune said. ``That's why there is a lot of anxiety and uncertainty as to where she would come down.''
Thune said Miers, 60, will ``have to give a very good insight into her judicial philosophy'' without saying how she will rule on specific cases.
Virginia Republican George Allen, who like Lott is seeking re-election next year, said he doesn't know enough about Miers to say whether he would support her nomination.
Miers's Philosophy
``I need to discern Harriet Miers's judicial philosophy,'' Allen said in an interview. ``I don't know enough about her judicial philosophy to be able to say yea or nay.''
Pennsylvania Senator Rick Santorum, the Senate's third- ranking Republican, who is also seeking re-election next year, said he was ``trying to get more comfortable with the nomination.''
Ed Gillespie, the former Republican National Committee chairman who is helping shepherd the nomination through the Senate, spoke to Republican lawmakers at lunch.
``Conservatives are learning more every day about Harriet Miers and her history,'' he told reporters afterward. He said some conservatives complained that new Chief Justice John G. Roberts Jr. was ``a blank slate'' following his Supreme Court nomination in July.
Roberts won confirmation last week by a 78-22 vote to succeed the late William H. Rehnquist. Bush nominated Miers Oct. 3 to succeed O'Connor, who announced her retirement plans in July.
`Good Chance'
Senate Republican Leader Bill Frist of Tennessee and Republican Whip Mitch McConnell of Kentucky have voiced support for the nominee. Utah Republican Orrin Hatch also endorsed Miers, as did Florida Republican Mel Martinez, who served with her in the Bush administration when he was secretary of housing and urban affairs.
In an appearance on ABC-TV's ``Good Morning America,'' Kansas Republican Sam Brownback said there was a ``good chance'' he would vote against Miers if she said during Senate testimony that the high court's 1973 decision legalizing abortion nationwide was ``settled law.''
`Knows Her Heart'
Brownback, a possible Republican presidential candidate in 2008, said Bush's statement that the president ``knows her heart'' doesn't convince the senator that Miers will be the kind of jurist he wants on the Supreme Court.
``That's just a shred of evidence, a bit of evidence, and we need to build the full case of what kind of jurist she would be,'' said Brownback, a member of the Senate Judiciary Committee, which will hold confirmation hearings on Miers's nomination.
Senate leaders have not set a date for the hearings. Senator Arlen Specter, the Pennsylvania Republican who chairs the Judiciary Committee, said he wants to examine Miers's academic record and the legal briefs she filed as a corporate lawyer in Dallas.
``I would like to see what her grades were'' at Southern Methodist University law school, said Specter, a graduate of Yale Law School who earned a Phi Beta Kappa key for academic excellence as an undergraduate at the University of Pennsylvania.
To contact the reporter on this story: James Rowley in Washington at jarowley@bloomberg.net
Last Updated: October 6, 2005 00:04 EDT
HOME
