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Miers Backed Abortion Ban in 1989 Survey

The Supreme Court nominee's pledge, made while running for the Dallas City Council, pleases conservatives and troubles Democrats.

The Nation

October 19, 2005|Richard A. Serrano, Times Staff Writer

WASHINGTON — Supreme Court nominee Harriet E. Miers told a conservative group in 1989 that she opposed abortion and would "actively support" legislation to severely restrict the procedure should the Supreme Court overturn Roe vs. Wade, documents released Tuesday showed.

Her position 16 years ago, when she was running for the Dallas City Council, is the first indication of Miers' views on abortion to come directly from her. Since being nominated by President Bush, Miers has declined to discuss the topic.


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That reluctance has caused consternation among Republicans and Democrats who wonder what role she might play if given a lifelong seat on the nation's highest court. But news of Miers' answers to the Texans United for Life questionnaire generated a positive response from conservatives, and seemed to erode support among those who had viewed her as being more moderate.

The document was among hundreds of pages the nominee submitted Tuesday to the Senate Judiciary Committee, which will hold hearings on her confirmation next month.

The material, much of it in her own words, fills in gaps in what was known about her personal and professional life. Some highlights:

* While running successfully for the Dallas City Council, Miers told the Dallas Eagle Forum, another conservative group, that she would not support a local ordinance to force individuals and business owners to accommodate "persons with AIDS and those perceived to have AIDS."

* She divulged in a Senate Judiciary Committee questionnaire that she initially took herself out of the running to succeed retiring Justice Sandra Day O'Connor. "I was asked whether my name should be considered," Miers said. "I indicated at that time that I did not want to be considered." She later relented over dinner at the White House with the president and First Lady Laura Bush.

* She disclosed that her license to practice law in Washington was suspended this year when she failed to pay her bar dues. She said she immediately paid the dues and "corrected the situation."

* She described her judicial philosophy, saying "courts are to be arbiters of disputes, not policy makers" and that "the courts cannot be the solution to society's ills."

* In contrast to Chief Justice John G. Roberts Jr., who had argued 39 cases before the Supreme Court, Miers has never practiced before the high court. She said she tried to bring two cases before the court, but the justices refused to hear them.

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