By By Brian Bohl
During the introduction of Supreme Court Justice nominee Harriet Miers, President George Bush said the White House Counsel “has a record of achievement in the law.”
However, critics wonder if this record is adequate for the position of Associate Justice.
Conservative senators like Trent Lott and Sam Brownback are just a few of the Republican lawmakers who expressed concern about the nomination, and Democratic public officials like Senator Charles Schumer have said Miers’ lack of judicial experience will require extensive questioning during her confirmation hearing in front of the Senate Judiciary Committee.
Eric M. Freedman, a professor of constitutional law at the University, said the nomination of Miers came as a surprise.
Her name was not mentioned in legal circles as a possible candidate, which could hurt her chances to get an easy confirmation.
“She was not on anybody’s short list,” Freedman said. “It’s fair to say that everybody who was following this was surprised by the choice.”
Associate professor of political science, Richard Himelfarb, agreed that Miers’ nomination could not have been predicted.
“She is competent and good willed, but I have to question whether or not there would have been a better choice,” Himmelfarb said. “Someone said it best when they suggested that if the 100 most distinguished legal minds made a list of the best candidates, Miers would not appear on it.”
While the announcement was unexpected, political science professor Rosanna Perotti said Bush has a track record when it comes to promoting close associates.
Examples include the appointment of Michael Brown, who was selected by Bush to head the Federal Emergency Management Agency before public pressure forced him to step down.
“Bush prizes loyalty among many other things,” Perotti said. “He tends to gravitate towards people who are in agreement with him.”
Miers’ background includes being the first female president of both the Dallas Bar Association and later the State Bar of Texas.
Before serving in her current capacity as a White House lawyer, she was a staff secretary and Deputy Chief of Staff for policy in the Bush administration.
If confirmed, she will replace retiring Associate Justice Sandra Day O’Connor.
The current composition of the Supreme Court leans slightly to the right, and Freedman believes it will be even more conservative with Miers and new Chief Justice John Roberts.
“Miers will be a reliable vote in every case for the positions that he [Bush] would take,” Freedman said. “I do not think she will be a great intellectual leader. In case after case, she will be a solid pro-government [Republican] vote.”
The new Roberts’ court should not be drastically different than the one presided over by the late William Rehnquist.
Stephen Breyer and Ruth Bader Ginsburg, both appointed by Bill Clinton, join David Souter and John Paul Stevens as the more left leaning justices.
The conservative camp should retain their 5-4 majority, with Miers and Roberts joining Antonin Scalia, Clarence Thomas and Anthony Kennedy on the right.
“We can anticipate it will shift more to right,” Perotti said. “We can’t completely predict how she will vote and we also don’t know if she will have the exact same ideology as George W. Bush.”