Harriet Miers Withdraws Her Nomination to the Supreme Court
10/27/2005 10:29 Filed in: Politics
An honorable decision for all those involved...
Released from the White House this morning:
President's Statement on Harriet Miers' Supreme Court Nomination Withdraw
Today, I have reluctantly accepted Harriet Miers' decision to withdraw her nomination to the Supreme Court of the United States.
I nominated Harriet Miers to the Supreme Court because of her extraordinary legal experience, her character, and her conservative judicial philosophy. Throughout her career, she has gained the respect and admiration of her fellow attorneys. She has earned a reputation for fairness and total integrity. She has been a leader and a pioneer in the American legal profession. She has worked in important positions in state and local government and in the bar. And for the last five years, she has served with distinction and honor in critical positions in the Executive Branch.
I understand and share her concern, however, about the current state of the Supreme Court confirmation process. It is clear that Senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House - disclosures that would undermine a President's ability to receive candid counsel. Harriet Miers' decision demonstrates her deep respect for this essential aspect of the Constitutional separation of powers - and confirms my deep respect and admiration for her.
I am grateful for Harriet Miers' friendship and devotion to our country. And I am honored that she will continue to serve our Nation as White House Counsel.
My responsibility to fill this vacancy remains. I will do so in a timely manner.
___________________________________________________________________________
This was the right decision, and one that can save face for everyone involved because it was done before Ms. Miers was scheduled to appear before the Senate. Although the official reason for the decision will remain the confidentiality issue (attorney-client privilege) regarding Ms. Mier's role as legal counsel for the President, the real reason is mounting criticism over her nomination, even from within the President's own party.
I don't doubt Harriet Miers qualifications as the President's legal counsel, but as I expressed in a previous blog entry , I had become convinced like many others that she was not the best choice for the Supreme Court nomination. That's not a criticism of her; it's just reality. And I have no doubt that she is a fine person of faith, but that simply wasn't enough. There are lots of things that I am not qualified to do, even within my areas of experience and specialization. The same goes for everyone.
Had Miers' confirmation gone through (and like many, I'm not positive that it would have) every decision that she wrote or commented on for the rest of her career on the Court would have come under incredible scrutiny and criticism, undoubtedly unfairly at times. Who would want to live in that kind of a fishbowl? Her withdrawal was the right decision on both a personal and professional level.
There's always the old analogy that if you had to have brain surgery, would you rather have an outstanding surgeon with a high success rate who also happened to be an atheist, or would you want a mediocre surgeon who would pray with you before the procedure? Personally, I'd rather have the outstanding atheist surgeon and I'll pray ahead of time myself!
However, if you can find an outstanding surgeon who will also pray for you, that's the best of both worlds.
And that's what the President needs to do. He needs to nominate an outstanding candidate, competent in Constitutional law, who is also a reasonable conservative and person of faith.
Released from the White House this morning:
President's Statement on Harriet Miers' Supreme Court Nomination Withdraw
Today, I have reluctantly accepted Harriet Miers' decision to withdraw her nomination to the Supreme Court of the United States.
I nominated Harriet Miers to the Supreme Court because of her extraordinary legal experience, her character, and her conservative judicial philosophy. Throughout her career, she has gained the respect and admiration of her fellow attorneys. She has earned a reputation for fairness and total integrity. She has been a leader and a pioneer in the American legal profession. She has worked in important positions in state and local government and in the bar. And for the last five years, she has served with distinction and honor in critical positions in the Executive Branch.
I understand and share her concern, however, about the current state of the Supreme Court confirmation process. It is clear that Senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House - disclosures that would undermine a President's ability to receive candid counsel. Harriet Miers' decision demonstrates her deep respect for this essential aspect of the Constitutional separation of powers - and confirms my deep respect and admiration for her.
I am grateful for Harriet Miers' friendship and devotion to our country. And I am honored that she will continue to serve our Nation as White House Counsel.
My responsibility to fill this vacancy remains. I will do so in a timely manner.
___________________________________________________________________________
This was the right decision, and one that can save face for everyone involved because it was done before Ms. Miers was scheduled to appear before the Senate. Although the official reason for the decision will remain the confidentiality issue (attorney-client privilege) regarding Ms. Mier's role as legal counsel for the President, the real reason is mounting criticism over her nomination, even from within the President's own party.
I don't doubt Harriet Miers qualifications as the President's legal counsel, but as I expressed in a previous blog entry , I had become convinced like many others that she was not the best choice for the Supreme Court nomination. That's not a criticism of her; it's just reality. And I have no doubt that she is a fine person of faith, but that simply wasn't enough. There are lots of things that I am not qualified to do, even within my areas of experience and specialization. The same goes for everyone.
Had Miers' confirmation gone through (and like many, I'm not positive that it would have) every decision that she wrote or commented on for the rest of her career on the Court would have come under incredible scrutiny and criticism, undoubtedly unfairly at times. Who would want to live in that kind of a fishbowl? Her withdrawal was the right decision on both a personal and professional level.
There's always the old analogy that if you had to have brain surgery, would you rather have an outstanding surgeon with a high success rate who also happened to be an atheist, or would you want a mediocre surgeon who would pray with you before the procedure? Personally, I'd rather have the outstanding atheist surgeon and I'll pray ahead of time myself!
However, if you can find an outstanding surgeon who will also pray for you, that's the best of both worlds.
And that's what the President needs to do. He needs to nominate an outstanding candidate, competent in Constitutional law, who is also a reasonable conservative and person of faith.