Harriet Miers’ Sacrifice to Protect the Constitution and the President

By Mary Mostert

October 27, 2005

Harriet Miers has sacrificed her “career advancement” in withdrawing her nomination to the Supreme Court in an effort to defend a constitutional principle – the separation of executive, legislative and judicial powers. It is a sacrifice that naturally is being totally ignored by her critics on both the left and the right who now are gleefully gloating over their combined effort to keep her off the Supreme Court.

She told the president in her letter:

“I write to withdraw as a nominee to serve as an Associate Justice on the Supreme Court of the United Stataes. I have been greatly honored and humbled b the confidence that you have shown in me, and have appreciated immensely your support and the support of many others. However, I am concerned that the confirmation process presents a burden to the White House and our staff that is not in the best interest of the country.

“As you know, members of the Senate have indicated their intention to seek documents about my service in the White House in order to judge whether to support me. I have been informed repeatedly that in lieu of records, I would be expected to testify about my service in the White House to demonstrate my experience and judicial philosophy. While I believe that my lengthy career provides sufficient evidence for consideration of my nomination, I am convinced the efforts to obtain Executive Branch materials and information will continue.

“As I stated in my acceptance remarks in the Oval Office, the strength and independence of our three brnaches of government are critical to the continued success of this great Nation. Repeatedly n the course of the process of confirmation for nominees for other positions, I have steadfastly maintained that the independence of the Executive Branch be preserved and its confidential documents and information not be released to further a confirmation process. I feel compelled to adhere to this position, especially related to my own nomination. Protection of the prerogatives of the Executive Bracnh and continued pursuit of my confirmation are in tension. I have decided that seeking my confirmation should yield.

“I share your commitment to appointing judges with a conservative judicial philosophy, and I look forward to continuing to support your efforts to provide the American people judges who will interpret the law, not make it. I am most grateful for the opportunity to have served your administration and this country.”

It saddens me that a woman with the willingness to sacrifice herself to try to put an end to Senate efforts to seize executive power is not going to be on the Supreme Court. It also saddens me that a woman with the humility and womanly traits of caring for or nurturing others, so different from the typical career female in the Senate or today’s Judiciary will not be on the Supreme Court to add a womanly view of legal issues so totally foreign to Sandra Day O’Connor and Ruth Ginsburg.

We all, on both sides of this issue, should know by now that the motivation behind the attacks on Harriet Miers is the worldwide effort to destroy George W. Bush. Harriet Miers realizes that and has withdrawn not only to protect a constitutional principle, but also to protect a man she cares about and admires. That is a womanly thing to do which will unfortunately be totally missed by nearly all of the women and men in the media and in politics.

Harriet Miers' sacrifice has effectively thwarted the goals of those who were determined have a divisive war in the USA over her nomination to the Supreme Court. Unity, according to George Washington, is one of the four principles required to maintain freedom - along with a strong military, a strong free economy and a moral and virtuous people. Of course, the lack of morals and virtue in the people, CAUSES division.

However, I believe there are still a few women and a lot of men who can and will understand that in Harriet Miers’ withdrawal we have lost a real woman’s voice plus a dedicated and experienced constitutionalist from the Supreme Court. I seriously doubt that President Bush can find anyone equal to her. Of course are other good legal minds out there, however unfortunately very, very few of them are connected to the body of a true womanly woman as is the case with Harriet Miers.