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Miers' Views Could Have Quick Impact
By GINA HOLLAND, Associated Press WriterTue Oct 18, 4:16 PM ET
New revelations about Harriet Miers' views on abortion hint she would shift the Supreme Court away from abortion rights, more so than new Chief Justice John Roberts. The impact could be almost immediate.
If confirmed by the Senate, the 60-year-old who has never served as a judge would probably be thrust into a tie-breaking role on abortion cases possibly in her first week. The court will consider reinstating a New Hampshire abortion law next month.
While her vote would not be enough to overturn Roe v. Wade, President Bush's pick would play a crucial role in deciding how far states and the federal government can go to restrict abortions.
"She will not disappoint the president early out of the box," said John Baker, a law professor at Louisiana State University.
Miers would replace Justice Sandra Day O'Connor, the architect of a 1992 compromise that barred abortion restrictions that impose an "undue burden" on women. Because of O'Connor's influence, including a 5-4 decision in 2000 that said a state couldn't ban "partial-birth" abortions, the subject has become a focus of the fight over her replacement.
Conservative religious leaders contend they have received assurances that Miers opposes abortion, and information released Tuesday by senators showed that in 1989 Miers pledged support for a possible constitutional amendment that would ban abortions except when necessary to save the life of the mother.
"If she's confirmed, the Bush administration will deliver what it promised to the religious right," said Martha Davis, a law professor at Northeastern University and former legal director of a group that supports abortion rights. "The entire court shifts to the right on this issue."
Bush's two Supreme Court appointments give him a chance to shape the court for years to come, something conservative supporters anticipated as they ardently campaigned on his behalf last year.
Roberts, 50, has been on the bench just a few weeks, replacing the late Chief Justice William H. Rehnquist.
Roberts, who is Catholic, did not reveal his personal views on abortion during Senate confirmation hearings or say if he would support overturning Roe v. Wade, the landmark 1973 decision that legalized abortion. His mentor, Rehnquist, opposed Roe, however, and Roberts is expected to vote similarly.
Tuesday's revelations about Miers came from a questionnaire sent out by Texans United for Life. Miers, who was a candidate for local government in 1989, said that she would oppose the use of public money for abortions and would use her authority to keep "pro-abortion" people off city health boards and commissions.
Her stance opposing abortion except to save the life of the mother mirrors the views of many conservative abortion opponents.
"That's a pretty strong pro-life position," said Jonathan Entin, a law professor at Case Western Reserve University. "That doesn't necessarily mean that if she were on the court now she would vote to overrule Roe. It might mean that."
O'Connor, in her decisions, has said that restrictions on abortion must be accompanied by an exception concerning the health of the mother. She is participating in cases until her successor is confirmed.
Republicans want a confirmation vote on Miers before Thanksgiving, which would put her on the court in time to immediately make a difference on abortion.
On Nov. 30, the court will hear arguments on New Hampshire's parental notification law, which a lower court said is unconstitutional because it lacks an exception allowing a minor to have an abortion to protect her health. O'Connor has been expected to vote to strike down the law. That case also could determine the legal standard for challenges to abortion laws.
Also in late November the court may decide whether it will hear the Bush administration's appeal of a 2003 federal law that bans the type of late-term abortion known as partial-birth abortion. Lower courts have said the law is unconstitutional, because it lacks a health exception.
The law was supported by Bush, and Miers was a top White House adviser at the time.
