Nomination of Miers elicits surprise, praise

Published: Tuesday, Oct. 4 2005 12:00 a.m. MDT

WASHINGTON — Political insiders and observers, generally surprised when President Bush announced that John Roberts was his choice for U.S. chief justice, were collectively bewildered on Monday after he announced whom he wants to fill the high court's second vacancy.

On the same day that Roberts officially became the 17th chief justice, political partisans and observers were scrambling to learn more about Harriet Miers, a corporate attorney with a long and loyal history with the president. She could very well cast deciding votes on abortion, affirmative action and gay rights.

But with a career mostly in private practice and with no experience behind the bench, there is no paper trail to how she might lean on those controversial issues.

Bush said that shouldn't become cause to pre-judge her record nor discount her ability to handle a seat on the Supreme Court, noting that Miers' life is "devoted . . . to the rule of law and the cause of justice." She is the best-qualified nominee to replace Sandra Day O'Connor, Bush said Monday during an Oval Office announcement with Miers by his side. "She will be an outstanding addition to the Supreme Court of the United States."

Miers, the third woman ever nominated for the high court, would join the bench's only other woman, Ruth Bader Ginsburg, if the Senate approves. Her selection may avert a showdown with Senate Democrats, in part because she was suggested to Bush as a possible nominee by Senate Democratic leader Harry Reid.

"I have to say without any qualification that I am very happy that we have someone like her," Reid told reporters as Miers stood next to him. Reid stopped short of saying he would support Miers' nomination.

She is the first Supreme Court nominee who has no prior judicial experience since Lewis Powell and William Rehnquist were appointed in 1971.

Members of the Utah delegation, who were effusive when Roberts was selected, reacted warmly to the Miers announcement, a difference that congressional staffers say is more a reflection of Congress knowing much less about her than they know about Roberts.

"Harriet Miers will bring diversity and depth to the Court," said Sen. Orrin Hatch, R-Utah, a member of the Judiciary Committee who is scheduled to meet with Miers this morning. "She has broad professional experience that will provide a fresh perspective from outside the insular walls of the judiciary."

Sen. Bob Bennett, R-Utah, was extremely impressed with Miers' credentials "and looks forward to getting to know her better as the confirmation process proceeds," he said through his spokeswoman, Mary Jane Collipriest.

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