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Sen. Brownback May Nix Miers
Newsmax.com ^ | Oct. 7, 2005

Posted on 10/07/2005 12:18:33 PM PDT by Map Kernow

Kansas Republican Sen. Sam Brownback has said he would consider voting against the nomination of Harriet Miers to the Supreme Court even if President Bush made a personal plea for his support.

NewsMax reported Thursday that Brownback, a key member of the Senate Judiciary Committee, was reserving judgment on the nomination until he had a chance to meet with Miers.

He did meet with the nominee that afternoon – and evidently was less than thrilled about what he heard.

Brownback complained that he was left trying "to gather little pieces of shreds of evidence” about Miers’ views on abortion and other issues, including gay marriage and the role of religion in public life, the New York Times reports.

He told reporters after the hour-long meeting that Miers had avoided a discussion of Roe v. Wade and "had done little to assure him that she would be open to revisiting or overturning the case,” according to the Times.

Brownback, an ardent opponent of abortion, said he tried to initiate a discussion of abortion law by citing the 1965 case of Griswold v. Connecticut, a decision that established a married couple’s right to use contraceptives, and later served as a basis for the Roe v. Wade decision.

According to Brownback, Miers said she would not discuss the case because related cases could come before the Court.

Brownback, a potential presidential candidate in 2008, is a leading voice of conservatives in the Senate, and a vote against Miers’ confirmation could lead other possible GOP candidates to follow.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Kansas
KEYWORDS: 109th; brownback; harrietmiers; miers; miersnomination; scotus
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To: Map Kernow
"He is asking questions that a lot of us in the base want answered"

"A lot of us in the base" don't get to vote on her confirmation. The Senate is the sole body with that responsibility. This is a power struggle, and it shouldn't be happening. The constitution does not require the president to ask the senator's permission to make an appointment. Senator Brownback and his accomplices are putting everything at risk to assuage their own egos. Their questions could have been asked in private, where the answer would not guarantee a filibuster. I once had a much higher opinion of senator Brownback.

181 posted on 10/07/2005 7:24:50 PM PDT by editor-surveyor (Atheist and Fool are synonyms; Evolution is where fools hide from the sunrise)
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To: Map Kernow

More and more, this is looking like an effort to stab a president in the back during wartime. Brownback ought to be ashamed of himself.


182 posted on 10/07/2005 7:28:24 PM PDT by zook
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To: editor-surveyor

Exactly. Brownback is acting like a spoiled Democrat, simply wanting to weaken the president's authority. We voted for President Bush and owe him some loyalty. Unless Brownback can guarantee a cloture vote on a filibuster, he should keep his mouth shut.


183 posted on 10/07/2005 7:32:03 PM PDT by zook
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To: editor-surveyor

Indeed. Thank you so much for your post!


184 posted on 10/07/2005 8:19:17 PM PDT by Alamo-Girl
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To: Alamo-Girl

I have no problem with the more conservative Senators bottling up Miers or shooting her down....

But then they better be prepared to use the nuclear option if they 'force' Bush to nominate a more known-conservative nominee.


185 posted on 10/07/2005 8:22:08 PM PDT by Ethrane ("semper consolar")
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To: Antoninus
Any opinion on what Coburn may do? I trust him more than anyone.
186 posted on 10/07/2005 8:26:48 PM PDT by Clump
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To: Ethrane

Thank you for your reply! But, er, the more conservative senators are neither able to prevent a filibuster (it takes 60 votes) nor obtain the nuclear option which requires the RINO's (especially McCain's group) to go along.


187 posted on 10/07/2005 8:31:53 PM PDT by Alamo-Girl
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To: CharlesWayneCT
I agree. Brownback is actually killing his own cause by demanding that Miers tell him that she'd limit, reverse, or otherwise lessen Roe's status as precedent.

In essence the message he is sending out is that he will not vote for her unless she tells him how she'll rule on a case that is bound to be before the court as early as her first few weeks on the bench. If she gave Brownback what he wanted, she'd be entirely at his mercy to not leak that information, thereby giving ammo to people who want to defeat her confirmation, but she'd also be violating the principle of coming to the court without any favors owed or without having to vote the way she let on that she'd vote.

I'll say it again, Brownback, as much as I admire his pro-life commitment, is hurting his cause by imposing this standard on Miers.
188 posted on 10/07/2005 8:48:57 PM PDT by Kryptonite
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To: Siena Dreaming
Blumenthal was demonstrably partisan journalist. Don't think that would have happened.

Yeah, Charles Ruff or maybe Cheryl Mills are the Clinton analogies. But I doubt either of them have run a lottery or gave money to George HW Bush during the 1988 campaign, so it's not a perfect analogy.

189 posted on 10/07/2005 9:07:25 PM PDT by handy (Forgive me this day, my daily typos...The Truth is not a Smear!)
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To: Map Kernow

Did Roberts discuss how he would vote on abortion with Brownback? If the answer is NO, then Brownback is being a fraud!!!


190 posted on 10/08/2005 2:47:32 AM PDT by AmericaUnited
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To: All
Well, I did research the meeting of Brownback and Roberts and my initial hunch was 100% correct. Brownback is being very disingenuous here. He did not discuss abortion with Roberts either, and yet it was not a problem. Here's an excerpt from the Kansas City Star article of that meeting:

The pair’s discussion of Roberts’ judicial philosophy was “cursory, not in-depth,” but Brownback indicated that his concerns were at least partly allayed by the meeting.

“I think he does try to look at what the document says, means and then applies it, not come up with his own thinking on it,” Brownback said. “… This is the very early phases of it. He’s highly qualified, but I still think it’s a time period to look, examine where he is.”

The two did not discuss Roe v. Wade, the 1973 Supreme Court decision that legalized abortion nationwide. Overturning that decision has long been a goal of social conservatives, with whom Brownback is closely aligned. As a Bush administration lawyer in 1991, however, Roberts had co-written a brief to the Supreme Court saying Roe v. Wade should be overturned.

But Roberts told the Senate Judiciary Committee in 2003, during confirmation hearings for his current post, that he considered Roe v. Wade “the settled law of the land.”

191 posted on 10/08/2005 5:07:03 AM PDT by AmericaUnited
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To: AmericaUnited
Brownback is being very disingenuous here.

I'm not so sure. Has Miers written on the subject in a way the article says Roberts had?

192 posted on 10/08/2005 11:32:56 AM PDT by handy (Forgive me this day, my daily typos...The Truth is not a Smear!)
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To: handy
Has Miers written on the subject in a way the article says Roberts had?

That does not apply because Brownback was complaining that Meirs would not discuss abortion in the meeting, something that he gave a 'pass' on to Roberts.

193 posted on 10/08/2005 12:44:38 PM PDT by AmericaUnited
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To: IamConservative
If Miers follows the same course as Roberts, we will not know anymore about her afterward.

What we will know is whether she can sustain an extended argument on Constitutional issues. I look forward to her demonstration of that skill.

194 posted on 10/08/2005 12:48:26 PM PDT by AndyJackson
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To: Sam the Sham
It cannot be argued that Miers is a brilliant legal scholar with the qualifications to be on the court.

Quite right as you'd then have to argue that Johnny Cochran and F. Lee Baily are good choices. There's not even a shred of evidence Meirs and the U.S. Constitution were ever in the same room.

195 posted on 10/08/2005 12:51:12 PM PDT by Rightwing Conspiratr1 (Lock-n-load!)
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To: nerdgirl; Sam the Sham
From what I've read, people promoting the brilliant stealth "strategery" theory are of the mindset that liberals will be jumping for joy to confirm her because they think she's way better than anything else that could have (and should have) come down the pike - only to find out later that they've made a grave mistake.

Bush may have outsmarted himself. The strategery could easily work against him. Why would you give Bush a quick win on this, when you can confidently oppose knowing how unpopular it is within his own supporters. Having handed him a very inexpensive to the left loss and very expensive to Bush, then you can force him to bring a candidate where he will take some bruising from the left.

Regan was not unpopular with his own base for nominating Bork and lost nothing because of it. Bush's nose could well be bloodied.

196 posted on 10/08/2005 12:52:19 PM PDT by AndyJackson
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To: zook
this is looking like an effort to stab a president in the back during wartime

first, I think Bush shot himself. Second, arguing about a SC nominee has absolutely nothing to do with supporting troops in the field. Nothing, and our troops are not fighting a war to enthrone a King George.

197 posted on 10/08/2005 12:54:54 PM PDT by AndyJackson
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To: AmericaUnited
That does not apply because Brownback was complaining that Meirs would not discuss abortion in the meeting, something that he gave a 'pass' on to Roberts.

Look at what the article included: Roberts had co-written a brief to the Supreme Court saying Roe v. Wade should be overturned.

Perhaps Roberts got a pass because of his paper trail. Miers had not written on the subject as Roberts had, so Brownback asked her some questions. It does not seem disingenuous given the lack of a paper trail with Miers.

198 posted on 10/08/2005 1:02:38 PM PDT by handy (Forgive me this day, my daily typos...The Truth is not a Smear!)
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To: AmericaUnited
That does not apply because Brownback was complaining that Meirs would not discuss abortion in the meeting, something that he gave a 'pass' on to Roberts.

Look at what the article included: Roberts had co-written a brief to the Supreme Court saying Roe v. Wade should be overturned.

Perhaps Roberts got a pass because of his paper trail. Miers had not written on the subject as Roberts had, so Brownback asked her some questions. It does not seem disingenuous given the lack of a paper trail with Miers.

199 posted on 10/08/2005 1:02:39 PM PDT by handy (Forgive me this day, my daily typos...The Truth is not a Smear!)
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To: Plutarch
and if it takes a Senate fight, then let it start here and now.

I see, so those Republican Senators who voted FOR Ginsberg and Breyer are now required by conservatives to vote against Miers.

Beam me up Scottie.

Perhaps you could explain this illogical dilemma?

200 posted on 10/08/2005 2:11:41 PM PDT by Mister Baredog ((Conservatives don't want judicial "litmus tests", UNLESS they supply the test that is))
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