Miers Backed Ban on Most Abortions in '89

Court Nominee Miers Indicated in 1989 Questionnaire That She Supported Banning Most Abortions
By DAVID ESPO
The Associated Press

WASHINGTON - Supreme Court nominee Harriet Miers pledged unflagging opposition to abortion as a candidate for the Dallas City Council in 1989, according to documents released Tuesday. She backed a constitutional amendment to ban the procedure in most cases and promised to appear at "pro-life rallies and special events."

Asked in a Texans United for Life questionnaire whether she would support legislation restricting abortions if the Supreme Court allowed it, Miers indicated she would. Her reply was the same when asked, "Will you oppose the use of city funds or facilities" to promote abortions?

Supporters of Miers' nomination said they hoped the single sheet of paper delivered to the Senate Judiciary Committee as part of a shipment of 12 boxes of documents would help reassure rebellious conservatives that she would not disappoint them if she takes a seat on the high court.

President Bush knew of the views she had held before he picked her for the court, spokesman Scott McClellan said at the White House. But he said the president "did not discuss with her or anyone else whether or not those were still her views."

One Democratic supporter of abortion rights responded warily. "This raises very serious concerns about her ability to fairly apply the law without bias in this regard," said Sen. Dianne Feinstein of California. "It will be my intention to question her very carefully about these issues."

Miers also returned a lengthy questionnaire to the Judiciary Committee on Tuesday in which she wrote that the "role of the judiciary in our system of government is limited. ... And of course, parties should not be able to establish social policy through court action, having failed to persuade the legislative branch or the executive branch of the wisdom and correctness of their preferred course.

"Courts are to be arbiters of disputes, not policymakers."

Congressional officials said Tuesday night the committee probably will seek additional information from Miers.

They said Sen. Arlen Specter, R-Pa., chairman of the panel, intends to announce on Wednesday that confirmation hearings will open the week of Nov. 7 and run for four days. Majority Republicans hope for a final vote in the full Senate by Thanksgiving. These officials spoke on condition of anonymity, saying they were not authorized to provide details.

Bush nominated Miers three weeks ago to succeed retiring Sandra Day O'Connor, the justice who has cast the pivotal vote in a string of 5-4 rulings in recent years that sustained abortion rights, upheld affirmative action and limited the application of the death penalty. Many Republicans had hoped Bush would pick a prominent conservative with a long record on abortion and other issues rather than a 60-year-old White House counsel whose private law practice consisted almost entirely of representing corporate clients.

As a result, the appointment has created a political landscape unlike any other in the five years of the Bush administration tepid support at best from conservatives unhappy over a judicial nominee, with Democrats generally content to remain outside the fray rather than interfere in a remarkable round of GOP infighting.

There were some indications during the day that Miers might be gaining ground among Senate Republicans, none of whom has yet to announce plans to oppose confirmation.

Sen. Trent Lott, who spoke dismissively of Miers shortly after her appointment, told reporters it was "more than likely at some point I'll be satisfied. But I'm not there yet." The Mississippi Republican said his concern resulted from dealings he had with Miers over the summer that led him to question her competence. He declined to elaborate.

Sen. Jeff Sessions, R-Ala., told reporters he thought Miers was making headway among conservatives.

"Grassroots Republicans that I talk to in Alabama feel positive about her," he told reporters. "I might have liked a different type of nominee but that's the president's. He gets to pick that."

At the same time, other Republicans remained decidedly unexcited. Sen. John Thune, R-S.D., who met with Miers on Tuesday, said afterward he would have preferred "someone who has stood in there and weathered the attacks and criticism from the left on some of these issues."

While the Texans United for Life questionnaire was unsigned and undated, senior Justice Department officials who briefed reporters said Miers herself had included it in material to be turned over to the Judiciary Committee.

The document consisted of 10 questions and asked candidates to indicate agreement or disagreement based on their views.

In each case, Miers indicated she supported the positions taken by the group. That included support of Texas' ratification of any constitutional amendment that cleared Congress banning abortions except where necessary to prevent the death of the mother and support for legislation "if the Supreme Court returns to the states the right to restrict abortion."

Miers also said she would oppose the use of public money for abortion except when necessary to prevent the death of the mother.

In a separate questionnaire completed for the Dallas Eagle Forum in 1989, Miers indicated she would not support any city ordinance requiring property owners and businesses to "provide accommodations to persons with AIDS ... and those perceived to have AIDS."