The Daily Sandwich

"We have to learn the lesson that intellectual honesty is fundamental for everything we cherish." -Sir Karl Popper

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Location: Boston, Massachusetts, United States

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Monday, October 17, 2005

Admin to back off Miers' religious "qualifications"?

The White House has finally realized that promoting Miers as a reliable fundamentalist might not have been the best way to sell people on her nomination (apparently not even to fundamentalists). We'll see what they come up with, but it's pretty clear that she doesn't exactly have a distinguished record-- or any experience in Constitutional law.

On Oct. 3, the day the Miers nomination was announced, Mr. Dobson and other religious conservatives held a conference call to discuss the nomination. One of the people on the call took extensive notes, which I have obtained. According to the notes, two of Ms. Miers's close friends--both sitting judges--said during the call that she would vote to overturn Roe. (. . .)

The conference call will no doubt prove controversial on Capitol Hill, always a tinderbox for rumors that any judicial nominee has taken a stand on Roe v. Wade. Ms. Miers meets today with Sens. Dianne Feinstein of California and Chuck Schumer of New York, both stalwart Roe supporters, who surely will be interested to learn more about her views. After Mr. Dobson's initial comments about "things . . . that I probably shouldn't know," Sen. Arlen Specter, the pro-Roe Judiciary Committee chairman, said, "If there are backroom assurances and if there are backroom deals and if there is something that bears on a precondition as to how a nominee is going to vote, I think that's a matter that ought to be known." He and ranking Democrat Pat Leahy of Vermont threatened to subpoena Mr. Dobson as a witness.

Some participants in the Oct. 3 conference call fear that they will be called to testify at Ms. Miers's hearings. "If the call is as you describe it, an effort will be made to subpoena everyone on it," a Judiciary Committee staffer told me. It is possible that a tape or notes of the call are already in the hands of committee staffers. "Some people were on speaker phones allowing other people to listen in, and others could have been on extensions," one participant told me.