Bush Picks White House Counsel for Supreme Court

By Rupert Cornwell in Washington

Republicans, Democrats and concerned interest groups have begun an intense scrutiny of Harriet Miers, the White House counsel nominated by President Bush to fill the all- important vacancy created by the resignation of Supreme Court Justice Sandra Day O’Connor.

Mr Bush announced his choice yesterday at an early morning Oval Office appearance, with the 60-year old Ms Miers at his side.

Once the first woman president of the Texas Bar Assocation, Ms Miers is a longstanding personal friend and ally of the President, serving as his personal lawyer before arriving at the White House in 2001 in the key job of staff secretary. She was then promoted to deputy chief of staff before becoming White House counsel, the top lawyer to the President.

The salient point, however, from the perspective of the confirmation hearings, likely to start at the end of this month or early next, is that although she is a lawyer, she has never served as a judge. She therefore leaves no ‘paper trail’ of rulings and opinions that would throw light on her views on vital issues likely to come before the court, including abortion, gay rights and church- state relations.

The prospect is disconcerting for all sides. Although the Democrats’ initial reaction was not unfavourable ” indeed their Senate leader, Harry Reid, is said to have been among those who urged Mr Bush to look at Ms Miers ” the party will want to make sure that she is not an ideological conservative who will tilt the court sharply rightwards. Ms O’Connor, whom Ms Miers will replace, was often the crucial swing vote among the nine justices.

But conservatives are no less worried that Mr Bush, weaker than at any time in his presidency, may have missed an opportunity to do precisely that.

Introducing his nominee, Mr Bush said that she would not legislate from the bench and would strictly interpret the constitution ” coded language to assure conservatives that Ms Miers is one of theirs.

By no coincidence, her nomination came on the day that John Roberts ” who was confirmed last week in a 78-22 vote by the full Senate ” took up his duties as Chief Justice. President Bush will be hoping that his new choice will ultimately enjoy as smooth a ride. But nothing yesterday was certain.

‘This was a good first day,’ said Charles Schumer, a New York Democrat on the Judiciary Committee, who voted against Judge Roberts. But, he added: ‘We just don’t know very much.’ His words could foreshadow a tussle between Democrats and the White House over the release of documents that might give an indication of Ms Mier’s thinking on sensitive topics.

Another factor could be the appearance of cronyism. The President’s critics may say Mr Bush is giving priority in a vital appointment to friendship and loyalty over an individual’s suitability for the post.

The White House pre-empted such charges with an assertion from Mr Bush’s spokesman, Scott McClellan, that Ms Miers ‘brings diverse and broad experience that will be very helpful’ to the court, .

Last night Arlen Specter, the Republican chairman of the Judiciary Committee, said he hoped to have Ms Miers confirmed by Thanksgiving, in the last week of November. But if their doubts become serious, Democrats could be tempted to mount a filibuster against her.