Column: Miers: what a shame

By Shouger Merchant

Although I knew nothing about Harriet Miers, I cannot say I was surprised by her decision to pull out of the Supreme Court nomination. To be honest, I am neither relieved nor am I disappointed. I can agree that she was inexperienced in the legal arena, and that it was by virtue of her camaraderie with the president that she got the nomination in the first place. I didn’t think that she was a stellar nominee, but other than that I didn’t care much for her.

So why did she withdraw? Maybe it was either that Miers wasn’t a good candidate or she wasn’t strong enough in the face of senators who were ready to rip her apart. Perhaps it was both. But the withdrawal, most importantly, has raised several questions about Bush’s ability to nominate a successful candidate.

Miers broke down during her meetings with several senators who poked and prodded for juicy little tidbits of information that might in some way give them some inkling about her capacity as a judge. The resulting deadlock led to activists on both sides denigrating her and calling for a nominee they can at least read a wee bit. Conservative pressure on Bush mounted and the withdrawal resulted.

All I know is that Bush failed. The president of the country must be astute enough to make a selection that he can see through until they occupy a seat on the bench. And candidates for a seat on the nation’s highest court must possess a great legal mind as well as the backbone to stand up for their beliefs. Throwing away the honor and privilege of a seat on the nation’s highest court on a candidate just because she fit the bill – a woman, a pro-lifer and a friend – isn’t how it should work. Miers just wasn’t Supreme Court material. She just didn’t cut it.

The Bush administration said that the nomination was withdrawn out of respect for separation of powers. Why sugarcoat it and provide us with bittersweet justifications for the failure of a nominee to come through? Just tell us you picked the wrong person. Tell us that conservatives backed you into a corner and you weren’t able to furnish them with evidence of Miers’ traditionalist frame of mind. Tell us you picked your confidante to exert influence on the court. Tell us the withdrawal was for face-saving purposes – hers and that of the White House.

Get The Daily Illini in your inbox!

  • Catch the latest on University of Illinois news, sports, and more. Delivered every weekday.
  • Stay up to date on all things Illini sports. Delivered every Monday.
Thank you for subscribing!

Even John Roberts, who had an elusive paper trail and did not yield much information, was confirmed by an overwhelming 78-22 vote in the Senate. Miers was unable to secure herself with conservatives or liberals alike. Nor was she able to hold her own when allegations and accusations about her personal beliefs were flying at her from every corner. What conservatives wanted was proof of definite harmony between her personal beliefs and her judicial beliefs, something they were unable to find. Democrats were afraid that while administrating justice, her personal leanings would interfere. This division seems to be a resounding echo of the call for a nominee that the republican majority in both houses of Congress, and the conservative interests they serve, would appreciate.

Maybe Miers was just a ruse to generate bipartisan appeal, but it bombed. With Bush’s new nomination of Samuel Alito, it is clear that Bush’s agenda is being set by the extreme conservatives. After Miers, it seems rather obvious that conservatives aren’t going to rest until they find someone who will whisper into each of their ears those words they are waiting to hear, “I will vote to overturn Roe v. Wade and be a stickler conservative in every ruling.”

Touted as a solid conservative, Alito is remembered for being the only dissenting voice in a 3rd Circuit ruling striking down a Pennsylvania law that required women to notify their husbands if they planned to get an abortion. It is still too early to form a definitive view on Alito, but it appears that, if his records reveal a strict constructionist philosophy, it is going to be a tough fight.

Shouger Merchant is a senior in Communications. Her columns appear every Wednesday. She can be reached at [email protected].