Liberals Say the Rules Keep Changing
Conservative activists crippled Harriet Miers's Supreme Court nomination largely by challenging her judicial philosophy, debating the importance of her religious beliefs, demanding to see White House documents and derailing her before she reached a Senate vote. Those tactics may make it harder for them to defend President Bush's next pick, expected by many to be a solid conservative, according to a number of Democrats, independent analysts and even some conservative commentators.
They are struck by differences between the Miers nomination process and that of John G. Roberts Jr., who was confirmed as chief justice a month ago. When liberals mentioned a possible filibuster of Roberts, Republicans insisted on an "up-or-down vote," which Miers never received. Virtually all GOP senators defended the White House's refusal to surrender documents concerning Roberts, but some of them demanded comparable documents regarding Miers.
And whereas Republicans said Roberts's religious beliefs should not be a subject of Senate inquiry, Bush cited Miers's church affiliation and religious convictions as one of her chief qualifications. Now the Democrats may be in a stronger position to wage a filibuster or demand more detailed documentation and explanation of the next nominee's positions if they conclude he or she is out of the judicial mainstream.
"The Republican senators are changing every rule they attempted to set" in the Roberts confirmation, said Sen. Edward M. Kennedy (D-Mass.), the Judiciary Committee's most senior member. "They flip-flopped on whether judicial philosophy and religious beliefs are appropriate" topics of Senate probing, he said. "And they flip-flopped on whether Harriet Miers deserved an up-or-down vote."
Marcia D. Greenberger, founder of the National Women's Law Center, said: "I don't know how people can, with a straight face, make some of the same arguments they made in the Roberts nomination after what they said so vociferously with Miers."
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http://www.washingtonpost.com/wp-dyn/content/article/2005/10/29/AR2005102900916.html