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Baptist Press - White House Counsel Harriet Miers Nominated to the High Court

May 23, 2011

3 min read

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October 6, 2005

WASHINGTON (BP)President Bush reached Oct. 3 into his inner circle for a second nominee to the U.S. Supreme Court, declining the opportunity to select from several judges whom pro-life and pro-family conservatives had promoted as candidates.

To the surprise of many, Bush chose White House Counsel Harriet Miers, 60, to replace retiring Associate Justice Sandra Day OConnor. Miers has never served as a judge, although she has been a highly successful lawyer who was the first female president of the Texas Bar Association.

Social conservatives responded in a variety of ways to the news some applauding the selection, others saying they would reserve judgment, and yet others, especially on conservative, Internet weblogs, expressing exasperation and lambasting the president.

In announcing his decision from the White House oval office, Bush said Miers will strictly interpret our Constitution and laws. She will not legislate from the bench.

Jay Sekulow, chief counsel of the American Center for Law and Justice, enthusiastically endorse[d] the selection. Harriet Miers is an excellent choice with an extraordinary record of service in the legal community and is certain to approach her work on the high court with a firm commitment to follow the Constitution and the rule of law, said Sekulow. He called Miers bright, thoughtful and a consummate professional.

While many grassroots conservatives expressed disillusionment with Bushs decision, the larger pro-life, pro-family organizations did not announce opposition to Miers.

Conservatives had been hopeful that the president would nominate a judge from the federal appellate courts or state supreme courts whose record was conservative. Miers has no judicial record on such significant social issues as abortion, assisted suicide and homosexual activism.

On abortion, Nathan Hecht, a Texas Supreme Court justice and a friend of Miers, told World Magazine editor in chief Marvin Olasky her personal views are consistent with that of evangelical Christians. Miers has been a member of Valley View Christian Church in Dallas for more than 25 years.

When Miers was president of the Texas bar in 1993, she led an effort to convince the American Bar Association to return to a neutral position on abortion, according to the Associated Press. Texas lawyers, including Miers, proposed the ABA hold a referendum on its stance regarding the 1973 Roe v. Wade opinion legalizing abortion, but the lawyers organization rejected it, AP reported. Miers was the first woman in a prominent Dallas law firm in 1972 and the president of the firm in 1996. She was president of the Dallas bar in the mid-1980s and was elected to a two-year term on the Dallas City Council in 1989. She was president of the Texas bar from 1992-93. Bush named Miers to a six-year term on the Texas Lottery Commission in 1995.

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