Move Over, Clement and G. Harold, Here Comes Harry!

It's eerie as we approach Halloween. The Trickster — back in his second term — attempted to fill Supreme Court vacancies with a pair of losers: Clement Haynesworth and G. Harold Carswell. The Trickster also had the joy of Watergate and indictments and unindicted co-conspirators during that same second term. Dub was forced to withdraw Harry's nomination to the Court just hours ago. The possibility of indictments and unindicted co-conspirators in L'Affaire Plame is delicious. If this is (fair & balanced) gleeful anticipation, so be it.

[x NYTimes]
Miers Failed to Win Support of Key Senators and Conservatives
By Timothy Williams
WASHINGTON, Oct. 26 - Harriet E. Miers withdrew her nomination for the Supreme Court this morning after her selection by President Bush led to criticism from both conservatives and liberals.

In recent days, several prominent members of the Republican Party had begun to publicly question Ms. Miers's nomination, suggesting was not conservative enough on issues such as abortion. Others, including Democrats and Republicans, have questioned Ms. Miers's lack of judicial experience since her nomination was announced on Oct. 3.

Democratic senators had also sought White House documents from Ms. Miers, who is the White House counsel, that might have given clues to her judicial philosophy.

Concern among conservatives over her views on abortion and judicial philosophy heightened on Wednesday when The Washington Post reported that Ms. Miers, in a 1993 speech in Dallas, spoke approvingly about a trend toward "self-determination" in resolving debates about law and religion, including those involving abortion rights and religion in public schools and public places.

In a statement today, President Bush said he had "reluctantly" accepted her decision to withdraw.

"It is clear that senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure as the White House - disclosures that would undermine a president's ability to receive candid counsel," Mr. Bush said in the statement.

The president added: "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."

Mr. Bush said that he intends to fill the Supreme Court vacancy "in a timely manner."

In a letter to the president, Ms. Miers wrote that the confirmation process would have presented "a burden for the White House and our staff that is not in the best interest of the country."

She said that she had resisted surrendering internal documents, including legal advice to the president, because to do so would have interfered with the independence of the Executive Branch.

"Protection of the prerogatives of the Executive Branch and continued pursuit of my nomination are in tension," she wrote. "I have decided that seeking my confirmation should yield."

Copyright © 2005 The New York Times Company

Get an RSS (Really Simple Syndication) Reader at no cost from Google at Google Reader.