Miers Backed Abortion Ban in 1989

[joems]

Miers Backed Abortion Ban in 1989

By Charles Babington and Fred Barbash
Washington Post Staff Writers
Tuesday, October 18, 2005; 1:15 PM

Supreme Court nominee Harriet Miers agreed in 1989 that she would "actively support" a proposed constitutional amendment that would ban abortion except when necessary to prevent the death of the mother.

Miers indicated her support for a "Human Life Amendment" on an April 1989 questionnaire she filled out for Texans United for Life when she was a candidate for the Dallas City Council. The document, which has been submitted to the Senate Judiciary Committee, was first reported today by the Associated Press.

On that form, she also said she would oppose the use of public funds for abortion and use her influence to keep "pro-abortion" people off of city boards and commissions dealing with health issues. She qualified her answer regarding boards and commissions by adding the words, "to the extent Pro-Life views are relevant."

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"If Congress passes a Human Life Amendment to the Constitution that would prohibit abortion except when it was necessary to prevent the death of the mother, would you actively support its ratification by the Texas Legislature," the questionnaire asked.

Miers checked "yes" to that question, and all of the group's other questions, including those referring to public funding of abortion.

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Jim Dyke, a White House spokesman, told the AP today that Miers's views as a candidate did not necessarily reflect what she might do as a Supreme Court justice.

"A candidate taking a political position in the course of a campaign is different from the role of a judge making a ruling in the judicial process," he said.

Miers also checked "yes" to the following questions:

--"Will you oppose the use of City funds or facilities by any persons, groups, clinics or organizations to promote, encourage or provide referrals for abortions?"

--"Would you refuse the endorsement of any organization that supports abortion-on-demand?"

--"Will you use your influence as an elected official within the confines of your oath of office to promote the pro-life cause?"

In another form, submitted to the Dallas Eagle Forum for the same election, she said she would oppose an ordinance that would "force" property owners and businesses to provide accommodations to persons with AIDS.

The abortion position is consistent with Miers's attempts as an American Bar Association leader to keep that organization from adopting a position on the subject. It is also consistent with various quotes from Miers's friends and associates in Texas, who have described her as "pro-life" in a variety of interviews.

Miers, through senators with whom she has interviewed, has said she has told no one how she might rule were she confronted with a case challenging Roe.

On a lengthy questionnaire she submitted to the Senate Judiciary Committee today, she said no one involved in the selection process had discussed any case with her. She also responded "no" when asked on the form whether she made "any representations to any individuals or interest groups as to how" she might rule as a justice if confirmed.

Miers said on the questionnaire that she was asked whether she wanted to be considered for the court when Justice Sandra Day O'Connor first announced her decision to retire. "I indicated at that time that I did not want to be considered," she wrote.

After the death of Chief Justice William H. Rehnquist, "I participated in consideration of potential nominees to fill a second vacancy. At some point I understand that individuals at the White House began considering me as a potential nominee without advising me," she wrote.

She met with President Bush four times to discuss the possibility, on Sept. 21, 28, 29 and on Oct. 2. On Oct. 2, she dined with the president and Laura Bush and was offered the nomination. She wrote that the dinner was arranged by White House Chief of Staff Andrew Card.

Texans United for Life Questionaire
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