Never a Judge, Harriet Miers Nominated to Supreme Court

WASHINGTON, DC, October 3, 2005 (ENS) - President George W. Bush has selected one of his closest associates as his nominee to replace Justice Sandra Day O'Connor on the Supreme Court. Attorney Harriet Miers now serves as White House counsel. Formerly Bush's personal lawyer in Texas, she has never served on the bench at any level.

In January 2001, Miers came with the President to the White House as his staff secretary, the person in charge of all the paperwork that crosses his desk. Miers was promoted to deputy chief of staff in June 2003. She assumed the post of White House counsel in November 2004.

In nominating her today, President Bush justified elevating Miers to the nation's highest court although she has no prior experience on the bench. The Supreme Court is the court of last resort in the country on environmental matters, as well as on every other issue.

White House Counsel Harriet Miers speaks after being nominated by President George W. Bush as Supreme Court Justice during a statement from the Oval Office today. (Photo by Paul Morse courtesy the White House)

"Justice Rehnquist himself came to the Supreme Court without prior experience on the bench, as did more than 35 other men, including Byron White. And I'm proud to nominate an outstanding woman who brings a similar record of achievement in private practice and public service."

Miers "has devoted her life to the rule of law and the cause of justice," Bush said.

At the White House announcement this morning, Miers expressed her regard for the American system of government. "From my early days as a clerk in the federal district court, and throughout almost three decades of legal practice, bar service and community service, I have always had a great respect and admiration for the genius that inspired our Constitution and our system of government," she said.

"The wisdom of those who drafted our constitution and conceived our nation as functioning with three strong and independent branches have proven truly remarkable. It is the responsibility of every generation to be true to the founders' vision of the proper role of the courts in our society. If confirmed, I recognize that I will have a tremendous responsibility to keep our judicial system strong, and to help ensure that the courts meet their obligations to strictly apply the laws and the Constitution," she said.

Because Miers has never ruled from the bench, it is difficult to determine how she thinks about environmental legal issues. To date, her public pronouncements have been strictly along White House lines. She articulates White House policies and does not deviate.

She hosted the "Ask The White House" online sessions about once a month in 2004, explaining the White House policy to citizens who wrote in.

In answer to a question about drilling in the Arctic National Wildlife Refuge written in by a member of the public in October 2004, she wrote, "As you probably know, the U.S. Geological Survey estimated that there is between 5.7 million and 16 billion barrels of oil available in the Artic National Wildlife Refuge (ANWR), which could be accessed from about 2,000 acres of the 19,000,000 acre refuge. At its peak, production from ANWR would account for more than 20 percent of total U.S. oil production."

President Bush points out a feature of the landscape to Miers during a walk on his ranch in Crawford, Texas. (Photo courtesy the White House)

"The President's plan is essential to increasing America's energy security," she said.

In response to a question during the August 2004 "Ask the White House" she explained the energy policy on ethanol and fuel cells. "The President strongly supports the increased use of ethanol, a clean and reliable energy source produced on American farms."

"And as the President announced in his 2003 State of the Union Address," Miers said, "the U.S. Government is embarked on a $1.7 billion initiative to develop hydrogen-powered fuel cells, hydrogen infrastructure, and advanced automotive technologies."

"These funds are being used to develop the technologies to produce, store, and distribute hydrogen," she said. "These research efforts are in the early stages, but we are hopeful that hydrogen will be a clean, reliable, and secure source of energy for the future."

Miers served as assistant to the President and staff secretary. Prior to that, she was co-managing partner at Locke Liddell & Sapp, LLP. Previously, she was president of Locke, Purnell, Rain & Harrell, where she worked from 1972 until 1999. From 1995 until 2000, she was chair of the Texas Lottery Commission, appointed by then Governor George W. Bush.

In 1992, Miers became the first woman president of the Texas State Bar, and in 1985 she became the first woman president of the Dallas Bar Association. She also served as a Member-At-Large on the Dallas City Council. Miers received both her undergraduate and law degrees from Southern Methodist University.

Attorney General Alberto Gonzales loyally approved of the President's selection, saying, "I have worked with her for many years and have seen firsthand her legal acumen and know that she will be a credit to the Court and this nation. She has risen to the very top of the legal profession, earning the respect of all who know her. Ms. Miers would bring to the Court her brilliance, dedication, and her commitment to the rule of law and equal access to justice for all."

Eugene Delgaudio, president of the conservative group Public Advocate, was critical of the appointment.

"The President's nomination of Miers is a betrayal of the conservative, pro-family voters whose support put Bush in the White House in both the 2000 and 2004 elections and who were promised Supreme Court appointments in the mold of Thomas and Scalia. Instead we were given "stealth nominees," who have never ruled on controversial issues, more in the mold of the disastrous choice of David Souter by this President's father," said Delgaudio.

"When there are so many proven judges in the mix, it is unacceptable this President has appointed a political crony with no conservative credentials," Delgaudio. "This attempt at "Bush Packing" the Supreme Court must not be allowed to pass the Senate and we will forcefully oppose this nomination."

Civil rights advocates say Miers' lack of a public record is troubling in view of the pivotal swing role of the seat being vacated by Justice O'Connor.

But the Senate Minority Leader is willing to view Miers' nomination with an open mind. Nevada Senator Harry Reid said, "“I like Harriet Miers. As White House Counsel, she has worked with me in a courteous and professional manner. I am also impressed with the fact that she was a trailblazer for women as managing partner of a major Dallas law firm and as the first woman president of the Texas Bar Association."

“In my view," said Reid, "the Supreme Court would benefit from the addition of a justice who has real experience as a practicing lawyer. The current justices have all been chosen from the lower federal courts. A nominee with relevant non-judicial experience would bring a different and useful perspective to the Court."