There are several elements of the Miers nomination in play this week. The first is the administration's spin to Senators, exampled below, along the lines of "no one knows whether she would vote to overturn" Roe. The second is the backchannel effort by the Administration to convice religious conservatives of exactly the opposite, that Miers will "walk the walk" and overturn Roe. The third is a document that has surfaced from 1989 which indicates to some degree of certainty her viewpoint on a woman's right to choose.
The public strategy is to dummy up and distance. Naturally Miers can't state her true position on abortion without alienating at least one faction.
Nominee Dismisses Speculation on Roe
Supreme Court nominee Harriet Miers asserted yesterday that no one knows whether she would vote to overturn the landmark court ruling that gave women the right to abortions, according to two senators who held separate meetings with her.
Trying to woo senators who will determine whether she is confirmed for the court, Miers aided the White House as it scrambled yesterday to quell controversy over a published report that two Texas judges said she opposes the 1973 decision that affirmed the right to an abortion in all 50 states. "She said, 'No one knows how I would rule on Roe v. Wade ,' " Sen. Charles E. Schumer (D-N.Y.) told reporters after their private meeting.
The private strategy is to speak the "truth" to the base and garner backchannel support. Oops. This one was supposed to be played a little closer to the vest. We're not supposed to know about this. Dobson just can't keep his mouth shut though, can he?
Did Christian conservatives receive assurances that Miers would oppose Roe v. Wade?
Two days after President Bush announced Harriet Miers's Supreme Court nomination, James Dobson of Focus on the Family raised some eyebrows by declaring on his radio program: "When you know some of the things that I know--that I probably shouldn't know--you will understand why I have said, with fear and trepidation, that I believe Harriet Miers will be a good justice."
Mr. Dobson quelled the controversy by saying that Karl Rove, the White House's deputy chief of staff, had not given him assurances about how a Justice Miers would vote. "I would have loved to have known how Harriet Miers views Roe v. Wade," Mr. Dobson said last week. "But even if Karl had known the answer to that--and I'm certain that he didn't because the president himself said he didn't know--Karl would not have told me that. That's the most incendiary information that's out there, and it was never part of our discussion."
:::snip:::
What followed, according to the notes, was a free-wheeling discussion about many topics, including same-sex marriage. Justice Hecht said he had never discussed that issue with Ms. Miers. Then an unidentified voice asked the two men, "Based on your personal knowledge of her, if she had the opportunity, do you believe she would vote to overturn Roe v. Wade?"
"Absolutely," said Judge Kinkeade.
"I agree with that," said Justice Hecht. "I concur."
The following information is perfectly clear it seems to me. This is how Miers felt about this issue back in Texas, in 1989
Court Nominee Backed Anti- Abortion Amendment in 1989
WASHINGTON, Oct. 18 - President Bush's Supreme Court nominee, Harriet E. Miers, pledged support in 1989 for a constitutional amendment that would ban abortions except when necessary to save the life of the woman.
Ms. Miers expressed her support for such an amendment in an April 1989 survey sent out by Texans United for Life. The disclosure virtually guarantees that Ms. Miers will be questioned heavily on the subject of abortion rights during hearings before the Senate Judiciary Committee.
As a candidate for a seat on the Dallas City Council, Ms. Miers answered "yes" to the following question: "If Congress passes a Human Life Amendment to the Constitution that would prohibit abortion except when it was necessary to prevent the death of the mother, would you actively support its ratification by the Texas Legislature?"
Ms. Miers answered "yes" to all the organization's questions, including whether she would oppose the use of public money for abortion and whether she would use her influence to keep "pro-abortion" people off city health boards and commissions.
Ms. Miers also said she would refuse the endorsement of any organization that supported "abortion on demand," would use her influence as an elected official "to promote the pro-life cause," and would participate "in pro-life rallies and special events."
But what do you think? Providing she receives the approval of the Senate, Is this a preview of how Justice Harriet Miers might rule? Or is this just her personal opinion and will not color her rulings?
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