Miers gives up fight

WASHINGTON — Harriet E. Miers abruptly withdrew her nomination for the Supreme Court on Thursday after weeks of doubt from both political parties about her qualifications for the job and withering attacks from conservatives, forcing President Bush to scramble for a new nominee at a time of growing disarray at the White House.

Miers, the reticent White House counsel who faced three weeks and three days of an extraordinary conservative rebellion against the president, walked into the Oval Office shortly after 8:30 a.m. and handed Bush, her longtime friend and patron, a letter of withdrawal. "I am concerned that the confirmation process presents a burden for the White House and our staff that is not in the best interests of the country," Miers wrote.

Bush, in a written statement made public shortly before 9 a.m., said that he "reluctantly accepted" Miers' decision and praised her as "a pioneer in the American legal profession." Miers is expected to remain in her job as White House counsel.

Concern about Miers' candidacy had intensified on Capitol Hill and at the White House this week. It was unclear how White House officials, in consultation with her, decided to pull the nomination.

Both Bush and Miers cited the principle of separation of powers as the reason for her withdrawal and said that releasing documents requested by the Senate about Miers' work in the White House would weaken the independence of the executive branch and a president's freedom to confer in private with advisers.

But members of both parties said that the separation of powers argument was not the central reason for the withdrawal. The most powerful factor, they said, was the aggressive opposition from conservatives who questioned Miers' ideology on abortion and other social issues and saw her as an impediment to their decades-long goal of control of the court.

"The issue of whether the documents were the make or break issue is really a red herring," said Sen. Edward M. Kennedy, D-Mass. "The extreme right wing of the Republican Party have effectively undermined this nomination. They have a litmus test, and Harriet Miers didn't pass that test."

Miers had also been unable to gain strong support among Senate Republicans in recent days, and some said her confirmation was in jeopardy.

In addition, members of both parties said, Bush appeared eager to change the subject only 24 hours before a special prosecutor might announce indictments in a leak investigation that has involved top White House officials and shaken the West Wing.