Statement Of Senator Patrick Leahy,
Ranking Member, Judiciary Committee,
On The Nomination Of Harriet Miers
To Be Associate Justice Of The Supreme Court
October 3, 2005

The stakes for the American people could not be higher with this new nomination to the Supreme Court.  Justice O’Connor brought an open mind to the cases she reviewed and served as a moderating influence on the Court.  The person who replaces her replaces a pivotal vote on our Nation’s most powerful court.  The person who replaces her has the potential to dramatically tilt the balance of the court.  Maintaining the stability of the court is crucial for the Nation and will be a factor for me as I consider this nomination. 

It is too early to reach any firm judgment about such an important nomination.  I do not know Ms. Miers well and I did not meet her until recently, six months after she became the White House counsel.  What I do know is that she has a reputation for being loyal to this President, whom she has a long history of serving as a close advisor and in working to advance his objectives.  In an Administration intent on accumulating Executive power, Ms. Miers’s views on and role in these issues will be important for the Senate to examine.  It is important to know whether she would enter this key post with the judicial independence necessary when the Supreme Court considers issues of interest to this Administration. 

Fairness and independence must always be primary attributes of those who serve on our courts. 

The Court that serves America should reflect America.  Many will be surprised that the President did not pick an Hispanic woman from the many qualified Hispanics across the country recommended to the President.  I look forward to the time when the membership of the United States Supreme Court is more reflective of the country it serves.  

As the Senate prepares to review another Supreme Court nomination, we must be careful to draw upon the lessons learned from the just-completed confirmation process of the Chief Justice.  The review of Chief Justice John Roberts’s nomination showcased the Senate Judiciary Committee at its best, but it also highlighted some of the pitfalls in this process if the Administration and its nominee are not forthcoming.

I supported Chief Justice Roberts’s nomination in spite of -- not because of -- the lack of cooperation from the White House and the misguided urgings of some Senators that the nominee not be forthcoming about his judicial philosophy during the Committee’s hearings.  The Committee’s chairman, Arlen Specter, and I committed ourselves to a fair and thorough hearing process.

Is this a nominee who will protect and expand our constitutional rights, or will she neglect and narrow those rights?  Learning the answer will be at the core of what the American people and the Senate need to know from the hearings on this nomination. 

The White House and this nominee have a choice and a responsibility in making this process work the best it can in the interest of serving the American people.  I hope that the White House will cooperate with the Senate as it executes its constitutional duty.  The White House should provide us with the information we need to have a full picture of Ms. Miers’s qualifications and record, and we will expect her to answer the questions that tell us what kind of a Justice she would be in this especially crucial seat on our Nation’s highest court. 

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