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Sunday, May 19
The Indiana Daily Student

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Bush defends his nominee against conservative doubts

WASHINGTON -- President Bush pushed back against suggestions by some skeptical Republicans that Harriet Miers was not conservative enough, insisting on Tuesday that his nominee to the Supreme Court shares his strict-constructionist views.\n"I know her heart," Bush told a Rose Garden news conference. "Her philosophy won't change."\nAs his White House counsel made the rounds of Senate offices, Bush reached out to his conservative supporters with words of reassurance.\n"I hope they're listening," said the president as he worked to appease conservatives without giving new ammunition to Democrats.\nSome commentators and activists have expressed open disappointment with Bush's selection of Miers, citing her lack of a judicial track record and complaining that Bush had passed over more prominent, proven conservatives.\nBush suggested he would not release documents relating to her work at the White House, saying it was "important that we maintain executive privilege," even as Democrats demanded more information on her role in administration decisions. He urged Democrats to give her a chance to explain her views of the law and the Constitution at her confirmation hearing.\nIn welcome news to the White House, Miers won the unqualified support of one of the Senate's top conservatives, Orrin Hatch, R-Utah.\n"A lot of my fellow conservatives are concerned, but they don't know her as I do," said Hatch, a former chairman of the Judiciary Committee. "She's going to basically do what the president thinks she should and that is be a strict constructionist."\nThe term refers to justices who believe their role is to decide cases based on a close reading of the Constitution rather than ranging more widely in interpretation.\nSen. Sam Brownback, R-Kan., a strong abortion foe, said he was yet to be convinced. "I am not yet confident that Ms. Miers has a proven track record," Brownback said.\nIn his 55-minute news conference, Bush repeatedly implied that conservatives should trust his judgment in picking Miers to succeed the retiring Sandra Day O'Connor, who often was the swing vote on divisive social issues including abortion.\nAsked point blank if Miers was the most qualified person he could find in the country for the high court, Bush said, "Yes, otherwise I would not have put her on."\nHis father, George H.W. Bush, made a similar claim about Clarence Thomas -- and was derided for it -- while defending his controversial Supreme Court pick in 1991. Thomas was confirmed 52-48.\nPressed on whether he and Miers had ever discussed the court's 1973 Roe v. Wade decision legalizing abortion, Bush said: "Not to my recollection. ... " He reiterated his own opposition to abortion, but said he had not asked any judicial candidates about the subject.\nDismissing charges of cronyism, Bush said: "I picked the best person I could find. People know we're close." Bush has known Miers for more than 10 years, first as his personal lawyer and most recently as White House counsel.\nBush asked the Senate to act by Thanksgiving.\nHe said any request for White House documents relating to Miers' work would be a "distraction." The Democratic National Committee, meanwhile, said information was needed on Miers' role in forming policies and decisions, including U.S. treatment of prisoners at Guantanamo Bay and in Iraq.\nDemocrats on the Senate Judiciary Committee were expected to make a specific request for documents soon.\n"She's a Bush loyalist, with little public record," said Sen. Edward M. Kennedy, D-Mass. "The president should refrain from invoking executive privilege and give the American people a full and fair look at (her) record."\nBush voiced concern that many Democrats would reflexively oppose Miers, as many had voted against the confirmation of John Roberts as chief justice despite the broad acclaim he enjoyed in the legal community.

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