WASHINGTON — Political insiders and observers, generally surprised when President Bush announced that John Roberts was his choice for U.S. chief justice, were collectively bewildered on Monday after he announced whom he wants to fill the high court's second vacancy.
On the same day that Roberts officially became the 17th chief justice, political partisans and observers were scrambling to learn more about Harriet Miers, a corporate attorney with a long and loyal history with the president. She could very well cast deciding votes on abortion, affirmative action and gay rights.
But with a career mostly in private practice and with no experience behind the bench, there is no paper trail to how she might lean on those controversial issues.
Bush said that shouldn't become cause to pre-judge her record nor discount her ability to handle a seat on the Supreme Court, noting that Miers' life is "devoted . . . to the rule of law and the cause of justice." She is the best-qualified nominee to replace Sandra Day O'Connor, Bush said Monday during an Oval Office announcement with Miers by his side. "She will be an outstanding addition to the Supreme Court of the United States."
Miers, the third woman ever nominated for the high court, would join the bench's only other woman, Ruth Bader Ginsburg, if the Senate approves. Her selection may avert a showdown with Senate Democrats, in part because she was suggested to Bush as a possible nominee by Senate Democratic leader Harry Reid.
"I have to say without any qualification that I am very happy that we have someone like her," Reid told reporters as Miers stood next to him. Reid stopped short of saying he would support Miers' nomination.
She is the first Supreme Court nominee who has no prior judicial experience since Lewis Powell and William Rehnquist were appointed in 1971.
Members of the Utah delegation, who were effusive when Roberts was selected, reacted warmly to the Miers announcement, a difference that congressional staffers say is more a reflection of Congress knowing much less about her than they know about Roberts.
"Harriet Miers will bring diversity and depth to the Court," said Sen. Orrin Hatch, R-Utah, a member of the Judiciary Committee who is scheduled to meet with Miers this morning. "She has broad professional experience that will provide a fresh perspective from outside the insular walls of the judiciary."
Sen. Bob Bennett, R-Utah, was extremely impressed with Miers' credentials "and looks forward to getting to know her better as the confirmation process proceeds," he said through his spokeswoman, Mary Jane Collipriest.
Rep. Chris Cannon, R-Utah, also praised Miers, who "has broken barriers throughout her career and has impressive legal qualifications. She has been praised by elected officials on both sides of the political spectrum."
Rep. Jim Matheson, the only Democrat in the delegation, said he is not at all familiar with Miers, but "I'm pleased the president chose to nominate a woman to fill Judge Sandra Day O'Connor's seat."
Rep. Rob Bishop, R-Utah, had no comment.
Miers, 60, was once described by Bush as "a pit bull in size 6 shoes." She has known the president since the 1980s and worked as a lawyer on his 1994 gubernatorial campaign. Much like Vice President Dick Cheney before his selection as Bush's running mate in 2000, Miers led the president's search for a new justice before Bush chose her from a crowded field of contenders. Miers said in the Oval Office that she would "help ensure that the courts meet their obligations to strictly apply the laws and the Constitution." Later in the day, she traveled to Capitol Hill to meet with congressional leaders, including Reid and Senate Majority Leader Bill Frist.
Frist said he expects a confirmation vote on Miers by Thanksgiving. Pennsylvania Republican Arlen Specter, chairman of the Judiciary Committee that will conduct the hearings, nonetheless said he wouldn't guarantee that schedule.
The Utah delegation was united in its call for fair and impartial hearings, a reference to the certainty that this nomination will likely be the swing vote in many 5-4 decisions, as O'Connor was through much of her tenure on the high court.
Matheson said he looks forward to a Senate confirmation process he hopes "serves the interests of fairness, civility and bipartisanship in this historic process. This is a person who will be making decisions of great importance to Utahns."
Said Cannon, "As the Senate takes up her confirmation, I hope the process does not degrade into a partisan bickering match but remains at a level befitting our justice system."
"It's important that we don't prejudge the nominee," Hatch said. "I hope the Senate again shows the American people that we can conduct a dignified and thorough confirmation process."
Contributing: Bloomberg News
E-mail: spang@desnews.com