Chicago Tribune - Miers Nomination Withdrawn - New High Court Choice Imminent

October 28, 2005
By Jan Crawford Greenburg, Washington Bureau

The White House reeled from the withdrawal of Harriet Miers' Supreme Court nomination Thursday and moved quickly to name a replacement, identifying a leading candidate by day's end and preparing for a swift announcement, according to several sources close to the process.

Facing political fallout from the nomination of Miers, who was attacked as an unimpressive figure with little background in constitutional law, the White House, also confronting the possible indictments of high-level officials, was planning to announce Miers' replacement as early as Friday.

A senior administration official said that after concluding Wednesday that Miers must withdraw, the White House focused on judges who were in the running to replace Justice Sandra Day O'Connor before President Bush chose Miers, his longtime adviser and current White House counsel.

The group includes Samuel Alito, J. Michael Luttig, Priscilla Owen and Karen Williams, the official said. All four judges had been interviewed by Bush or top administration officials and indicated they would accept the nomination if asked.

Miers' withdrawal less than four weeks after her unexpectedly controversial nomination followed a harshly critical public campaign by many leaders of the Republican Party's conservative base.

Prominent conservative lawyers and pundits, who had supported Bush through the war in Iraq and increased government spending, drew the line at what they saw as a squandered opportunity to change the direction of the court for the next 30 years.

The White House was completely caught off guard by the fury of its staunchest supporters. It had believed the base would support Miers and that Democrats would find little in her to oppose. Instead, the conservative opposition grew more vocal by the day, with one group even buying television advertisements to oppose her.

Democrats were emboldened Thursday by the rare capitulation by Bush after he had forcefully defended Miers for weeks. But some also were apprehensive that his next choice would be more stridently conservative and accused Bush of caving into the party's right wing.

Bush's political advisers now have urged him to nominate an experienced judge with a solidly conservative judicial philosophy who could deftly handle questions on constitutional law, a sharp contrast to Miers, who never served as a judge.

Given the harsh reaction to Miers, the White House feels far less pressure to nominate a woman, sources said, even though the nominee would replace O'Connor, the first woman on the court and one of only two female justices. O'Connor, who announced her retirement in July, has agreed to serve until her successor is confirmed.

That puts the spotlight on Alito, whose philosophy, intellect and Italian heritage have drawn so many comparisons to Justice Antonin Scalia that he is sometimes called "Scalito," and Luttig, a favorite of many legal conservatives and GOP senators.

Luttig, 51, sits on a federal appeals court in Richmond, Va. Alito, 55, sits on a federal appeals court in Philadelphia.

Judge J. Harvie Wilkinson, also of the Richmond court, had been under consideration, but he was seen as a less likely choice because he is older and would be less likely to energize the base, sources said.

Atty. Gen. Alberto Gonzales, long believed to be Bush's first choice, is not under consideration, the administration official said. Conservatives who ardently opposed Miers would be no happier with Gonzales, and he would face demands to disclose documents from his service in the White House, as did Miers.

Also not under consideration are federal appellate Judges Michael McConnell, Janice Rogers Brown, Edith Brown Clement, Edith Jones and Emilio Garza, sources involved in the process said. All have been mentioned as possible nominees in the past, but the White House has ruled them out for the vacancy, several sources confirmed.

Speculation on Miers' withdrawal had been building in recent days, but the news caught Washington by surprise. Conservatives were euphoric, saying the move gave Bush an opportunity to "reset" the nomination and turn to an experienced conservative with the intellectual heft to counter the court's liberal heavyweights.

The White House said Miers withdrew because senators were demanding to see documents from her tenure as White House counsel. But the administration had easily deflected similar requests when Chief Justice John Roberts Jr., who had worked in the George H.W. Bush administration, was nominated a few months ago.

Senators said instead that Miers' fate was sealed when conservatives rallied against her and leading Republican senators refused to come out in strong support. Her meetings with senators, including Judiciary Committee Chairman Arlen Specter (R-Pa.), did not go well.

Specter was baffled after Miers said he had misquoted her about a constitutional right to privacy. He later held a highly unusual news conference with the committee's top Democrat, Patrick Leahy of Vermont, to criticize Miers' response to a Senate questionnaire and demand she redo portions of it.

Miers had extensive legal experience in Texas and a career marked by a series of firsts. She was the first woman president of the State Bar of Texas and first female managing partner of her Dallas law firm. But those skills did not translate well in practice sessions designed to prepare her for Judiciary Committee hearings, sources said.

Her shortcomings were particularly apparent, some said, because her nomination came after Roberts.

Republicans appeared eager to focus on the next nominee.

"Let's move on," said Sen. Trent Lott (R-Miss.), who had been critical of the nomination. "In a month, who will remember the name Harriet Miers?"

Bush nominated Miers on Oct. 3, hours before Roberts took his seat as chief justice for the first time. The president wanted to nominate a woman to replace O'Connor, and he was more comfortable with Miers' experience and judicial philosophy than that of Williams or Owen, the female judges under consideration, sources said.

Conservatives were furious because they saw the O'Connor vacancy as the "ballgame" -- the one chance in a generation to shape the future of the Supreme Court and society.

With the court divided 5-4 on a host of social issues, including abortion regulations and affirmative action, O'Connor often cast the deciding vote.

"What you have learned from the Miers' nomination is that a known judicial philosophy is very important, not just to the American people but to the members of the Senate Judiciary Committee," said Jay Sekulow, chief counsel of the American Center for Law and Justice, who defended Miers. "That's what ended up causing her to withdraw at end of day--she never got coalesced support out of the . . . committee."October 28, 2005
By Jan Crawford Greenburg, Washington Bureau

The White House reeled from the withdrawal of Harriet Miers' Supreme Court nomination Thursday and moved quickly to name a replacement, identifying a leading candidate by day's end and preparing for a swift announcement, according to several sources close to the process.

Facing political fallout from the nomination of Miers, who was attacked as an unimpressive figure with little background in constitutional law, the White House, also confronting the possible indictments of high-level officials, was planning to announce Miers' replacement as early as Friday.

A senior administration official said that after concluding Wednesday that Miers must withdraw, the White House focused on judges who were in the running to replace Justice Sandra Day O'Connor before President Bush chose Miers, his longtime adviser and current White House counsel.

The group includes Samuel Alito, J. Michael Luttig, Priscilla Owen and Karen Williams, the official said. All four judges had been interviewed by Bush or top administration officials and indicated they would accept the nomination if asked.

Miers' withdrawal less than four weeks after her unexpectedly controversial nomination followed a harshly critical public campaign by many leaders of the Republican Party's conservative base.

Prominent conservative lawyers and pundits, who had supported Bush through the war in Iraq and increased government spending, drew the line at what they saw as a squandered opportunity to change the direction of the court for the next 30 years.

The White House was completely caught off guard by the fury of its staunchest supporters. It had believed the base would support Miers and that Democrats would find little in her to oppose. Instead, the conservative opposition grew more vocal by the day, with one group even buying television advertisements to oppose her.

Democrats were emboldened Thursday by the rare capitulation by Bush after he had forcefully defended Miers for weeks. But some also were apprehensive that his next choice would be more stridently conservative and accused Bush of caving into the party's right wing.

Bush's political advisers now have urged him to nominate an experienced judge with a solidly conservative judicial philosophy who could deftly handle questions on constitutional law, a sharp contrast to Miers, who never served as a judge.

Given the harsh reaction to Miers, the White House feels far less pressure to nominate a woman, sources said, even though the nominee would replace O'Connor, the first woman on the court and one of only two female justices. O'Connor, who announced her retirement in July, has agreed to serve until her successor is confirmed.

That puts the spotlight on Alito, whose philosophy, intellect and Italian heritage have drawn so many comparisons to Justice Antonin Scalia that he is sometimes called "Scalito," and Luttig, a favorite of many legal conservatives and GOP senators.

Luttig, 51, sits on a federal appeals court in Richmond, Va. Alito, 55, sits on a federal appeals court in Philadelphia.

Judge J. Harvie Wilkinson, also of the Richmond court, had been under consideration, but he was seen as a less likely choice because he is older and would be less likely to energize the base, sources said.

Atty. Gen. Alberto Gonzales, long believed to be Bush's first choice, is not under consideration, the administration official said. Conservatives who ardently opposed Miers would be no happier with Gonzales, and he would face demands to disclose documents from his service in the White House, as did Miers.

Also not under consideration are federal appellate Judges Michael McConnell, Janice Rogers Brown, Edith Brown Clement, Edith Jones and Emilio Garza, sources involved in the process said. All have been mentioned as possible nominees in the past, but the White House has ruled them out for the vacancy, several sources confirmed.

Speculation on Miers' withdrawal had been building in recent days, but the news caught Washington by surprise. Conservatives were euphoric, saying the move gave Bush an opportunity to "reset" the nomination and turn to an experienced conservative with the intellectual heft to counter the court's liberal heavyweights.

The White House said Miers withdrew because senators were demanding to see documents from her tenure as White House counsel. But the administration had easily deflected similar requests when Chief Justice John Roberts Jr., who had worked in the George H.W. Bush administration, was nominated a few months ago.

Senators said instead that Miers' fate was sealed when conservatives rallied against her and leading Republican senators refused to come out in strong support. Her meetings with senators, including Judiciary Committee Chairman Arlen Specter (R-Pa.), did not go well.

Specter was baffled after Miers said he had misquoted her about a constitutional right to privacy. He later held a highly unusual news conference with the committee's top Democrat, Patrick Leahy of Vermont, to criticize Miers' response to a Senate questionnaire and demand she redo portions of it.

Miers had extensive legal experience in Texas and a career marked by a series of firsts. She was the first woman president of the State Bar of Texas and first female managing partner of her Dallas law firm. But those skills did not translate well in practice sessions designed to prepare her for Judiciary Committee hearings, sources said.

Her shortcomings were particularly apparent, some said, because her nomination came after Roberts.

Republicans appeared eager to focus on the next nominee.

"Let's move on," said Sen. Trent Lott (R-Miss.), who had been critical of the nomination. "In a month, who will remember the name Harriet Miers?"

Bush nominated Miers on Oct. 3, hours before Roberts took his seat as chief justice for the first time. The president wanted to nominate a woman to replace O'Connor, and he was more comfortable with Miers' experience and judicial philosophy than that of Williams or Owen, the female judges under consideration, sources said.

Conservatives were furious because they saw the O'Connor vacancy as the "ballgame" -- the one chance in a generation to shape the future of the Supreme Court and society.

With the court divided 5-4 on a host of social issues, including abortion regulations and affirmative action, O'Connor often cast the deciding vote.

"What you have learned from the Miers' nomination is that a known judicial philosophy is very important, not just to the American people but to the members of the Senate Judiciary Committee," said Jay Sekulow, chief counsel of the American Center for Law and Justice, who defended Miers. "That's what ended up causing her to withdraw at end of day--she never got coalesced support out of the . . . committee."October 28, 2005
By Jan Crawford Greenburg, Washington Bureau

The White House reeled from the withdrawal of Harriet Miers' Supreme Court nomination Thursday and moved quickly to name a replacement, identifying a leading candidate by day's end and preparing for a swift announcement, according to several sources close to the process.

Facing political fallout from the nomination of Miers, who was attacked as an unimpressive figure with little background in constitutional law, the White House, also confronting the possible indictments of high-level officials, was planning to announce Miers' replacement as early as Friday.

A senior administration official said that after concluding Wednesday that Miers must withdraw, the White House focused on judges who were in the running to replace Justice Sandra Day O'Connor before President Bush chose Miers, his longtime adviser and current White House counsel.

The group includes Samuel Alito, J. Michael Luttig, Priscilla Owen and Karen Williams, the official said. All four judges had been interviewed by Bush or top administration officials and indicated they would accept the nomination if asked.

Miers' withdrawal less than four weeks after her unexpectedly controversial nomination followed a harshly critical public campaign by many leaders of the Republican Party's conservative base.

Prominent conservative lawyers and pundits, who had supported Bush through the war in Iraq and increased government spending, drew the line at what they saw as a squandered opportunity to change the direction of the court for the next 30 years.

The White House was completely caught off guard by the fury of its staunchest supporters. It had believed the base would support Miers and that Democrats would find little in her to oppose. Instead, the conservative opposition grew more vocal by the day, with one group even buying television advertisements to oppose her.

Democrats were emboldened Thursday by the rare capitulation by Bush after he had forcefully defended Miers for weeks. But some also were apprehensive that his next choice would be more stridently conservative and accused Bush of caving into the party's right wing.

Bush's political advisers now have urged him to nominate an experienced judge with a solidly conservative judicial philosophy who could deftly handle questions on constitutional law, a sharp contrast to Miers, who never served as a judge.

Given the harsh reaction to Miers, the White House feels far less pressure to nominate a woman, sources said, even though the nominee would replace O'Connor, the first woman on the court and one of only two female justices. O'Connor, who announced her retirement in July, has agreed to serve until her successor is confirmed.

That puts the spotlight on Alito, whose philosophy, intellect and Italian heritage have drawn so many comparisons to Justice Antonin Scalia that he is sometimes called "Scalito," and Luttig, a favorite of many legal conservatives and GOP senators.

Luttig, 51, sits on a federal appeals court in Richmond, Va. Alito, 55, sits on a federal appeals court in Philadelphia.

Judge J. Harvie Wilkinson, also of the Richmond court, had been under consideration, but he was seen as a less likely choice because he is older and would be less likely to energize the base, sources said.

Atty. Gen. Alberto Gonzales, long believed to be Bush's first choice, is not under consideration, the administration official said. Conservatives who ardently opposed Miers would be no happier with Gonzales, and he would face demands to disclose documents from his service in the White House, as did Miers.

Also not under consideration are federal appellate Judges Michael McConnell, Janice Rogers Brown, Edith Brown Clement, Edith Jones and Emilio Garza, sources involved in the process said. All have been mentioned as possible nominees in the past, but the White House has ruled them out for the vacancy, several sources confirmed.

Speculation on Miers' withdrawal had been building in recent days, but the news caught Washington by surprise. Conservatives were euphoric, saying the move gave Bush an opportunity to "reset" the nomination and turn to an experienced conservative with the intellectual heft to counter the court's liberal heavyweights.

The White House said Miers withdrew because senators were demanding to see documents from her tenure as White House counsel. But the administration had easily deflected similar requests when Chief Justice John Roberts Jr., who had worked in the George H.W. Bush administration, was nominated a few months ago.

Senators said instead that Miers' fate was sealed when conservatives rallied against her and leading Republican senators refused to come out in strong support. Her meetings with senators, including Judiciary Committee Chairman Arlen Specter (R-Pa.), did not go well.

Specter was baffled after Miers said he had misquoted her about a constitutional right to privacy. He later held a highly unusual news conference with the committee's top Democrat, Patrick Leahy of Vermont, to criticize Miers' response to a Senate questionnaire and demand she redo portions of it.

Miers had extensive legal experience in Texas and a career marked by a series of firsts. She was the first woman president of the State Bar of Texas and first female managing partner of her Dallas law firm. But those skills did not translate well in practice sessions designed to prepare her for Judiciary Committee hearings, sources said.

Her shortcomings were particularly apparent, some said, because her nomination came after Roberts.

Republicans appeared eager to focus on the next nominee.

"Let's move on," said Sen. Trent Lott (R-Miss.), who had been critical of the nomination. "In a month, who will remember the name Harriet Miers?"

Bush nominated Miers on Oct. 3, hours before Roberts took his seat as chief justice for the first time. The president wanted to nominate a woman to replace O'Connor, and he was more comfortable with Miers' experience and judicial philosophy than that of Williams or Owen, the female judges under consideration, sources said.

Conservatives were furious because they saw the O'Connor vacancy as the "ballgame" -- the one chance in a generation to shape the future of the Supreme Court and society.

With the court divided 5-4 on a host of social issues, including abortion regulations and affirmative action, O'Connor often cast the deciding vote.

"What you have learned from the Miers' nomination is that a known judicial philosophy is very important, not just to the American people but to the members of the Senate Judiciary Committee," said Jay Sekulow, chief counsel of the American Center for Law and Justice, who defended Miers. "That's what ended up causing her to withdraw at end of day--she never got coalesced support out of the . . . committee."October 28, 2005
By Jan Crawford Greenburg, Washington Bureau

The White House reeled from the withdrawal of Harriet Miers' Supreme Court nomination Thursday and moved quickly to name a replacement, identifying a leading candidate by day's end and preparing for a swift announcement, according to several sources close to the process.

Facing political fallout from the nomination of Miers, who was attacked as an unimpressive figure with little background in constitutional law, the White House, also confronting the possible indictments of high-level officials, was planning to announce Miers' replacement as early as Friday.

A senior administration official said that after concluding Wednesday that Miers must withdraw, the White House focused on judges who were in the running to replace Justice Sandra Day O'Connor before President Bush chose Miers, his longtime adviser and current White House counsel.

The group includes Samuel Alito, J. Michael Luttig, Priscilla Owen and Karen Williams, the official said. All four judges had been interviewed by Bush or top administration officials and indicated they would accept the nomination if asked.

Miers' withdrawal less than four weeks after her unexpectedly controversial nomination followed a harshly critical public campaign by many leaders of the Republican Party's conservative base.

Prominent conservative lawyers and pundits, who had supported Bush through the war in Iraq and increased government spending, drew the line at what they saw as a squandered opportunity to change the direction of the court for the next 30 years.

The White House was completely caught off guard by the fury of its staunchest supporters. It had believed the base would support Miers and that Democrats would find little in her to oppose. Instead, the conservative opposition grew more vocal by the day, with one group even buying television advertisements to oppose her.

Democrats were emboldened Thursday by the rare capitulation by Bush after he had forcefully defended Miers for weeks. But some also were apprehensive that his next choice would be more stridently conservative and accused Bush of caving into the party's right wing.

Bush's political advisers now have urged him to nominate an experienced judge with a solidly conservative judicial philosophy who could deftly handle questions on constitutional law, a sharp contrast to Miers, who never served as a judge.

Given the harsh reaction to Miers, the White House feels far less pressure to nominate a woman, sources said, even though the nominee would replace O'Connor, the first woman on the court and one of only two female justices. O'Connor, who announced her retirement in July, has agreed to serve until her successor is confirmed.

That puts the spotlight on Alito, whose philosophy, intellect and Italian heritage have drawn so many comparisons to Justice Antonin Scalia that he is sometimes called "Scalito," and Luttig, a favorite of many legal conservatives and GOP senators.

Luttig, 51, sits on a federal appeals court in Richmond, Va. Alito, 55, sits on a federal appeals court in Philadelphia.

Judge J. Harvie Wilkinson, also of the Richmond court, had been under consideration, but he was seen as a less likely choice because he is older and would be less likely to energize the base, sources said.

Atty. Gen. Alberto Gonzales, long believed to be Bush's first choice, is not under consideration, the administration official said. Conservatives who ardently opposed Miers would be no happier with Gonzales, and he would face demands to disclose documents from his service in the White House, as did Miers.

Also not under consideration are federal appellate Judges Michael McConnell, Janice Rogers Brown, Edith Brown Clement, Edith Jones and Emilio Garza, sources involved in the process said. All have been mentioned as possible nominees in the past, but the White House has ruled them out for the vacancy, several sources confirmed.

Speculation on Miers' withdrawal had been building in recent days, but the news caught Washington by surprise. Conservatives were euphoric, saying the move gave Bush an opportunity to "reset" the nomination and turn to an experienced conservative with the intellectual heft to counter the court's liberal heavyweights.

The White House said Miers withdrew because senators were demanding to see documents from her tenure as White House counsel. But the administration had easily deflected similar requests when Chief Justice John Roberts Jr., who had worked in the George H.W. Bush administration, was nominated a few months ago.

Senators said instead that Miers' fate was sealed when conservatives rallied against her and leading Republican senators refused to come out in strong support. Her meetings with senators, including Judiciary Committee Chairman Arlen Specter (R-Pa.), did not go well.

Specter was baffled after Miers said he had misquoted her about a constitutional right to privacy. He later held a highly unusual news conference with the committee's top Democrat, Patrick Leahy of Vermont, to criticize Miers' response to a Senate questionnaire and demand she redo portions of it.

Miers had extensive legal experience in Texas and a career marked by a series of firsts. She was the first woman president of the State Bar of Texas and first female managing partner of her Dallas law firm. But those skills did not translate well in practice sessions designed to prepare her for Judiciary Committee hearings, sources said.

Her shortcomings were particularly apparent, some said, because her nomination came after Roberts.

Republicans appeared eager to focus on the next nominee.

"Let's move on," said Sen. Trent Lott (R-Miss.), who had been critical of the nomination. "In a month, who will remember the name Harriet Miers?"

Bush nominated Miers on Oct. 3, hours before Roberts took his seat as chief justice for the first time. The president wanted to nominate a woman to replace O'Connor, and he was more comfortable with Miers' experience and judicial philosophy than that of Williams or Owen, the female judges under consideration, sources said.

Conservatives were furious because they saw the O'Connor vacancy as the "ballgame" -- the one chance in a generation to shape the future of the Supreme Court and society.

With the court divided 5-4 on a host of social issues, including abortion regulations and affirmative action, O'Connor often cast the deciding vote.

"What you have learned from the Miers' nomination is that a known judicial philosophy is very important, not just to the American people but to the members of the Senate Judiciary Committee," said Jay Sekulow, chief counsel of the American Center for Law and Justice, who defended Miers. "That's what ended up causing her to withdraw at end of day--she never got coalesced support out of the . . . committee."October 28, 2005
By Jan Crawford Greenburg, Washington Bureau

The White House reeled from the withdrawal of Harriet Miers' Supreme Court nomination Thursday and moved quickly to name a replacement, identifying a leading candidate by day's end and preparing for a swift announcement, according to several sources close to the process.

Facing political fallout from the nomination of Miers, who was attacked as an unimpressive figure with little background in constitutional law, the White House, also confronting the possible indictments of high-level officials, was planning to announce Miers' replacement as early as Friday.

A senior administration official said that after concluding Wednesday that Miers must withdraw, the White House focused on judges who were in the running to replace Justice Sandra Day O'Connor before President Bush chose Miers, his longtime adviser and current White House counsel.

The group includes Samuel Alito, J. Michael Luttig, Priscilla Owen and Karen Williams, the official said. All four judges had been interviewed by Bush or top administration officials and indicated they would accept the nomination if asked.

Miers' withdrawal less than four weeks after her unexpectedly controversial nomination followed a harshly critical public campaign by many leaders of the Republican Party's conservative base.

Prominent conservative lawyers and pundits, who had supported Bush through the war in Iraq and increased government spending, drew the line at what they saw as a squandered opportunity to change the direction of the court for the next 30 years.

The White House was completely caught off guard by the fury of its staunchest supporters. It had believed the base would support Miers and that Democrats would find little in her to oppose. Instead, the conservative opposition grew more vocal by the day, with one group even buying television advertisements to oppose her.

Democrats were emboldened Thursday by the rare capitulation by Bush after he had forcefully defended Miers for weeks. But some also were apprehensive that his next choice would be more stridently conservative and accused Bush of caving into the party's right wing.

Bush's political advisers now have urged him to nominate an experienced judge with a solidly conservative judicial philosophy who could deftly handle questions on constitutional law, a sharp contrast to Miers, who never served as a judge.

Given the harsh reaction to Miers, the White House feels far less pressure to nominate a woman, sources said, even though the nominee would replace O'Connor, the first woman on the court and one of only two female justices. O'Connor, who announced her retirement in July, has agreed to serve until her successor is confirmed.

That puts the spotlight on Alito, whose philosophy, intellect and Italian heritage have drawn so many comparisons to Justice Antonin Scalia that he is sometimes called "Scalito," and Luttig, a favorite of many legal conservatives and GOP senators.

Luttig, 51, sits on a federal appeals court in Richmond, Va. Alito, 55, sits on a federal appeals court in Philadelphia.

Judge J. Harvie Wilkinson, also of the Richmond court, had been under consideration, but he was seen as a less likely choice because he is older and would be less likely to energize the base, sources said.

Atty. Gen. Alberto Gonzales, long believed to be Bush's first choice, is not under consideration, the administration official said. Conservatives who ardently opposed Miers would be no happier with Gonzales, and he would face demands to disclose documents from his service in the White House, as did Miers.

Also not under consideration are federal appellate Judges Michael McConnell, Janice Rogers Brown, Edith Brown Clement, Edith Jones and Emilio Garza, sources involved in the process said. All have been mentioned as possible nominees in the past, but the White House has ruled them out for the vacancy, several sources confirmed.

Speculation on Miers' withdrawal had been building in recent days, but the news caught Washington by surprise. Conservatives were euphoric, saying the move gave Bush an opportunity to "reset" the nomination and turn to an experienced conservative with the intellectual heft to counter the court's liberal heavyweights.

The White House said Miers withdrew because senators were demanding to see documents from her tenure as White House counsel. But the administration had easily deflected similar requests when Chief Justice John Roberts Jr., who had worked in the George H.W. Bush administration, was nominated a few months ago.

Senators said instead that Miers' fate was sealed when conservatives rallied against her and leading Republican senators refused to come out in strong support. Her meetings with senators, including Judiciary Committee Chairman Arlen Specter (R-Pa.), did not go well.

Specter was baffled after Miers said he had misquoted her about a constitutional right to privacy. He later held a highly unusual news conference with the committee's top Democrat, Patrick Leahy of Vermont, to criticize Miers' response to a Senate questionnaire and demand she redo portions of it.

Miers had extensive legal experience in Texas and a career marked by a series of firsts. She was the first woman president of the State Bar of Texas and first female managing partner of her Dallas law firm. But those skills did not translate well in practice sessions designed to prepare her for Judiciary Committee hearings, sources said.

Her shortcomings were particularly apparent, some said, because her nomination came after Roberts.

Republicans appeared eager to focus on the next nominee.

"Let's move on," said Sen. Trent Lott (R-Miss.), who had been critical of the nomination. "In a month, who will remember the name Harriet Miers?"

Bush nominated Miers on Oct. 3, hours before Roberts took his seat as chief justice for the first time. The president wanted to nominate a woman to replace O'Connor, and he was more comfortable with Miers' experience and judicial philosophy than that of Williams or Owen, the female judges under consideration, sources said.

Conservatives were furious because they saw the O'Connor vacancy as the "ballgame" -- the one chance in a generation to shape the future of the Supreme Court and society.

With the court divided 5-4 on a host of social issues, including abortion regulations and affirmative action, O'Connor often cast the deciding vote.

"What you have learned from the Miers' nomination is that a known judicial philosophy is very important, not just to the American people but to the members of the Senate Judiciary Committee," said Jay Sekulow, chief counsel of the American Center for Law and Justice, who defended Miers. "That's what ended up causing her to withdraw at end of day--she never got coalesced support out of the . . . committee."October 28, 2005
By Jan Crawford Greenburg, Washington Bureau

The White House reeled from the withdrawal of Harriet Miers' Supreme Court nomination Thursday and moved quickly to name a replacement, identifying a leading candidate by day's end and preparing for a swift announcement, according to several sources close to the process.

Facing political fallout from the nomination of Miers, who was attacked as an unimpressive figure with little background in constitutional law, the White House, also confronting the possible indictments of high-level officials, was planning to announce Miers' replacement as early as Friday.

A senior administration official said that after concluding Wednesday that Miers must withdraw, the White House focused on judges who were in the running to replace Justice Sandra Day O'Connor before President Bush chose Miers, his longtime adviser and current White House counsel.

The group includes Samuel Alito, J. Michael Luttig, Priscilla Owen and Karen Williams, the official said. All four judges had been interviewed by Bush or top administration officials and indicated they would accept the nomination if asked.

Miers' withdrawal less than four weeks after her unexpectedly controversial nomination followed a harshly critical public campaign by many leaders of the Republican Party's conservative base.

Prominent conservative lawyers and pundits, who had supported Bush through the war in Iraq and increased government spending, drew the line at what they saw as a squandered opportunity to change the direction of the court for the next 30 years.

The White House was completely caught off guard by the fury of its staunchest supporters. It had believed the base would support Miers and that Democrats would find little in her to oppose. Instead, the conservative opposition grew more vocal by the day, with one group even buying television advertisements to oppose her.

Democrats were emboldened Thursday by the rare capitulation by Bush after he had forcefully defended Miers for weeks. But some also were apprehensive that his next choice would be more stridently conservative and accused Bush of caving into the party's right wing.

Bush's political advisers now have urged him to nominate an experienced judge with a solidly conservative judicial philosophy who could deftly handle questions on constitutional law, a sharp contrast to Miers, who never served as a judge.

Given the harsh reaction to Miers, the White House feels far less pressure to nominate a woman, sources said, even though the nominee would replace O'Connor, the first woman on the court and one of only two female justices. O'Connor, who announced her retirement in July, has agreed to serve until her successor is confirmed.

That puts the spotlight on Alito, whose philosophy, intellect and Italian heritage have drawn so many comparisons to Justice Antonin Scalia that he is sometimes called "Scalito," and Luttig, a favorite of many legal conservatives and GOP senators.

Luttig, 51, sits on a federal appeals court in Richmond, Va. Alito, 55, sits on a federal appeals court in Philadelphia.

Judge J. Harvie Wilkinson, also of the Richmond court, had been under consideration, but he was seen as a less likely choice because he is older and would be less likely to energize the base, sources said.

Atty. Gen. Alberto Gonzales, long believed to be Bush's first choice, is not under consideration, the administration official said. Conservatives who ardently opposed Miers would be no happier with Gonzales, and he would face demands to disclose documents from his service in the White House,