On the recordOctober 27, 2005
I respect Ms. Harriet Miers' decision to withdraw from consideration for the Supreme Court. At the same time, I do regret our constitutional process was not complete. Instead of a hearing before the Judiciary Committee and a debate on the Senate floor, Ms. Miers' qualifications were subject to a one-sided debate in news releases, press conferences, radio and TV talk shows, and the editorial pages. I acknowledge the rights of everyone to express themselves as they see fit, but that should not have precluded Ms. Miers from getting basic due process. There was a decisive imbalance in the public forum, with the case for Ms. Miers not heard because of the heavy decibel level against her. I have repeatedly noted her excellent work in handling complex civil cases. Had the constitutional process been followed with a hearing, she would have had an opportunity to establish that her intellect and capabilities demonstrated in her 35-year professional career could be carried over in the field of constitutional law and the work of the Court. Whether she would have been confirmed remains an open question, but at least she would have had the major voice in determining her own fate. Ms. Miers did deliver late yesterday evening, on time, her responses to the committee request for supplemental information on her questionnaire. Eight large boxes are in the committee's possession, but now there is no reason to read or analyze those responses.…
Source
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