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Asked in a Texans United for Life questionnaire whether she would support legislation restricting abortions if the Supreme Court allowed it, Miers indicated she would. Her reply was the same when asked, “Will you oppose the use of city funds or facilities” to promote abortions?
Supporters of Miers nomination said they hoped the single sheet of paper — delivered to the Senate Judiciary Committee as part of a shipment of 12 boxes of documents — would help reassure rebellious conservatives that she would not disappoint them if she takes a seat on the high court.
President Bush knew of the views she had held before he picked her for the court, spokesman Scott McClellan said at the White House. But he said the president “did not discuss with her or anyone else whether or not those were still her views.”
One Democratic supporter of abortion rights responded warily. “This raises very serious concerns about her ability to fairly apply the law without bias in this regard,” said Sen. Dianne Feinstein (news, bio, voting record) of California. “It will be my intention to question her very carefully about these issues.”
Miers also returned a lengthy questionnaire to the Judiciary Committee on Tuesday in which she wrote that the “role of the judiciary in our system of government is limited. And of course, parties should not be able to establish social policy through court action, having failed to persuade the legislative branch or the executive branch of the wisdom and correctness of their preferred course.
“Courts are to be arbiters of disputes, not policymakers.”
Congressional officials said Tuesday night the committee probably will seek additional information from Miers.
They said Sen. Arlen Specter (news, bio, voting record), R-Pa., chairman of the panel, intends to announce on Wednesday that confirmation hearings will open the week of Nov. 7 and run for four days. Majority Republicans hope for a final vote in the full Senate by Thanksgiving. These officials spoke on condition of anonymity, saying they were not authorized to provide details.
Bush nominated Miers three weeks ago to succeed retiring Sandra Day OConnor, the justice who has cast the pivotal vote in a string of 5-4 rulings in recent years that sustained abortion rights, upheld affirmative action and limited the application of the death penalty. Many Republicans had hoped Bush would pick a prominent conservative with a long record on abortion and other issues rather than a 60-year-old White House counsel whose private law practice consisted almost entirely of representing corporate clients.
As a result, the appointment has created a political landscape unlike any other in the five years of the Bush administration — tepid support at best from conservatives unhappy over a judicial nominee, with Democrats generally content to remain outside the fray rather than interfere in a remarkable round of GOP infighting.
There were some indications during the day that Miers might be gaining ground among Senate Republicans, none of whom has yet to announce plans to oppose confirmation.
Sen. Trent Lott (news, bio, voting record), who spoke