Why Harriet Went Down

Facing growing questions from senators and calls from conservatives for a beleaguered President Bush to drop her nomination, White House Counsel Harriet Miers withdrew her name from Supreme Court consideration Wednesday evening.

Miers' nomination process -- which went as roughly as that for Chief Justice John Roberts went smoothly -- was marked by several clashes with Senate Judiciary Committee Chairman Arlen Specter, R-Pa., anger from conservatives who felt Bush betrayed them by not nominating someone with a lengthy conservative record and charges that Miers' main qualification for the court was her friendship with Bush. Still, Miers' decision surprised a city on edge as it waits for word on possible indictments of administration officials stemming from the outing of CIA agent Valerie Plame.

In announcing her withdrawal, Bush pointed the finger at senators who wanted information from Miers about her five years in his administration. "It is clear that senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House -- disclosures that would undermine a president's ability to receive candid counsel," Bush said.

But Specter undercut that argument when he said the committee wanted to know the issues on which Miers advised Bush - not necessarily the advice itself. The reality is that Miers would likely have faced a hard time being confirmed by the Senate and endured tough questioning from members of the Judiciary Committee, which was scheduled to start nomination hearings Nov. 7 -- coming at a time when Bush has little political capital to spend.

Bush pledged to name another nominee "in a timely manner" and, given his low public approval numbers, will likely avoid a fight with his conservative base by nominating a candidate who pleases core supporters. Senate Majority Leader Bill Frist, R-Tenn., said Thursday that he looks forward to a nominee who "is committed to upholding the Constitution and who believes in the limited role of a judge to interpret the law and not legislate from the bench."

Depending on Bush's timetable, the Senate could take up the next nomination before it adjourns for the year; the chamber is expected to be in session past Frist's Thanksgiving target date anyway to deal with other issues.

Miers's problems began shortly after Bush named her earlier this month to succeed Sandra Day O'Connor, the court's first female associate justice and who has pledged to remain on the court until her successor is confirmed. Well-known conservatives such as Bill Kristol, David Frum and George Will attacked her on television and in newspaper columns. A website citing conservative criticism of her, withdrawmiers.org, called for Miers to step aside, and television ads paid for by Americans for Better Justice, whose board includes Frum, began airing this week on Fox News, with the line, "Even the best leaders make mistakes."

Democrats found themselves in the unusual role of staying almost quiet throughout the nomination process, letting Republicans take the lead in attacking her. "The radical right wing of the Republican Party killed the Harriet Miers nomination," Senate Minority Leader Harry Reid, D-Nev., said Thursday. But he warned that in choosing another candidate, Bush "should reject the demands of a few extremists and choose a justice who will protect the constitutional rights of all Americans."

Part of the trouble, though, was Miers herself. She performed unimpressively in her private meetings with senators, many of whom emerged unenthusiastic about her candidacy. Most problematic was her meeting with Specter, during which he later said she indicated her support for Griswold v. Connecticut, a key Supreme Court case that helped pave the way for Roe v. Wade. After Miers called him to say that wasn't the case, Specter said he accepted her recollection but stood by his original remarks. His frustration over the episode showed when he said there would be no misunderstandings during her confirmation hearings because there would be cameras present.