White House targets doubts on Miers nod

The White House yesterday dismissed early doubts from nearly half the Senate’s Republicans over the Supreme Court nomination of Harriet Miers, saying that lawmakers also expressed doubts about Judge John G. Roberts Jr., who was easily confirmed last month as chief justice.

“Even before the hearings that led to confirmation of Chief Justice Roberts, senators were saying they were reserving judgment on how they would vote until they got to know him better at the hearings,” deputy press secretary Dana Perino said.

“Now the same is being said about Harriet Miers, just one week after her nomination, and that should not be surprising nor be cast in a negative light for what is the norm,” she said.

The Washington Times yesterday reported that nearly half of Republican senators have expressed doubt about the nomination of Miss Miers, reflecting concerns held by some conservatives about her murky record.

Many conservatives want President Bush to nominate a strong conservative to shift the court on abortion and other contentious issues.

The White House yesterday responded by saying that senators — Republican and Democrat — normally wait until after the confirmation hearings to make up their minds on how they will vote on particular nominees.

Indeed, most senators waited until after the Roberts hearings to formally announce their positions. But most also signaled their early support in some way.

Sen. John Thune, a freshman Republican from South Dakota, immediately commended Mr. Bush after his July 19 nomination of Justice Roberts.

“Judge Roberts is a distinguished and intelligent judge who will strictly interpret the law,” he said on that same day. “Only two years ago, the Senate confirmed Judge Roberts by unanimous consent and I expect he will be easily confirmed again.”

With the nomination of Miss Miers, however, even Republicans most loyal to Mr. Bush have sounded a markedly different tune.

Mr. Thune, for instance, did not go beyond calling for a “fair up-or-down” vote.

“However, I will reserve judgment on this nominee until the Senate studies her qualifications,” he said before invoking conservative Justices Antonin Scalia and Clarence Thomas. “It has been my expectation that President Bush would nominate someone in the mold of Justices Scalia and Thomas and it is my hope that Harriet Miers will prove to be such a person.”

To date, 27 Republican senators — almost half the party’s caucus — have publicly expressed varyingly strong doubts about Miss Miers.

Another chilly reception came from Sen. Elizabeth Dole, North Carolina Republican, who issued a same-day statement to “commend President Bush for his decision to nominate John Roberts,” but last week said, “I look forward to reviewing Ms. Miers’ qualification” for the high court.

Sen. Sam Brownback, Kansas Republican and a member of the Senate Judiciary Committee, said last week that he is willing to vote against the nomination if he is not convinced that she will be reliably conservative on the court.

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