Harriet Miers Pro-Roe?
Paul Deignan asserts that Laura Bush’s comments in 2001 demonstrate that Miers is personally pro-life but judicially pro-Roe.
A vote for Miers is almost certainly a vote to maintain Roe, and she will not waver on that.
He gets here by the fact that the pro-Roe Laura Bush says that she and her husband “are [in general] on the same page on the issue,” and that Bush says that “Miers shares [his] philosophy” as a “pro-life president.”
However, I urge a note of caution in regard to Mrs. Bush’s comments. She is not a constitutional scholar, and there is definitely a chance that she believes that “overturn Roe” means “make abortion illegal” which it most certainly does not. As I understand it, it basically throws it back to the states to decide, which is where it belongs in the first place, in my non-constitutional-scholar opinion.
As people look for an explanation of why Mrs. Bush thinks Roe v. Wade should not be overturned, perhaps we should consider another statement she made during the same interview. She said, “I would say, in general, George and I are on the same page on the issue.” President Bush thinks abortion is justified in cases of rape, incest and the life of the mother. That position requires that abortion remain legal. If Mrs. Bush is on the same page, as she has said, perhaps she believes that overturning Roe would make abortion illegal in America.
[The logic of holding a position that permits abortion in the case of rape is a different discussion entirely for another day…]
But with regard to this nomination, I’m still waiting for the hearings before I pass judgment on Ms. Miers. Diegnan’s smoking gun is interesting for sure, but I’m not completely sold on its merits.
Jeff Goldstein has a bit of a different take on it.
I am not concerned with how Miers would vote on a particular issue; I’m interested in the thinking that gets her there. In the case of abortion, I can certainly see where stare decisis might apply—just as I can recognize that the decision itself is a complex battle over ideas of privacy “rights” and ownership of self vs. the rights of the fetus and, more structurally, of the power of the Courts vs the provence of the legislature.
But other political positions are more revealing of a judicial philosophy; and for me, support for race-based affirmative action, however guarded or politically pragmatic, is one of those telling postions.
UPDATE: Paul is asking for bloggers’ official positions on Miers, tabulating a list. My personal position, which may differ from other Myopic Zeal authors, is that I am reserving judgment until I watch the confirmation hearings.
http://myopiczeal.blogsome.com/2005/10/11/harriet-miers-pro-roe/trackback/
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