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Tuesday, October 4, 2005

"I know Harriet as well as anyone could, and I'd have a hard time telling you what her beliefs are on that subject."

"That subject" is, of course, abortion. The quote comes from this NYT article, which details the one thing we know about Miers and abortion: that in the early 1990s, as president of the Texas bar, she pushed the ABA to take a neutral position on abortion rights unless a majority of its members voted in favor of abortion rights:
Darrell Jordan, who also served as president of the Texas bar in that era, said the dispute transcended individuals' personal beliefs on abortion. Many lawyers, in Texas and elsewhere, he said, simply believed it was wrong for the national bar association to take a strong position on a political issue. Mr. Jordan said that even some supporters of abortion rights, including himself, shared the view that it was "inappropriate" to have that be the "official position of the legal profession," adding that many lawyers left the bar association over the issue.

Mr. Jordan said it would be "unfair" to read Ms. Miers's role in this effort as a sign of her opposition to abortion. He said, "I know Harriet as well as anyone could, and I'd have a hard time telling you what her beliefs are on that subject.
I wish we could be clearer in distinguishing abortion and abortion rights. It is possible to support abortion rights and still be opposed to abortion (in the sense of finding it morally wrong). And it is possible not to have a moral objection to abortion but nevertheless think that the Court went wrong when if found abortion rights in the Constitution. And there is complexity even within support for abortion rights. One could easily find no right in the Constitution, but think legislatures should not criminalize it. One could find a right in the Constitution, but think there is room for some regulation. And questions would still remain about whether that regulation is desirable or how much of it is appropriate.

We hear so much from those who have black and white positions on abortion. I tend to think Miers is not one of them. Indeed, I think maybe Bush isn't one of them.

UPDATE: Talk Left on Miers and abortion:
[A]n interview with Pastor Ron Key, who until a few weeks ago, was Ms. Miers' pastor at the Valley View Christian Church in Dallas ... shows she's very faith based, and that her Church is pro-life and against gay marriages. But, Pastor Key admits he has not talked to her about those issues. On the other hand, he says she is the same kind of person as Priscilla Owen and that they are good friends.

I don't think anyone really doubts that Ms. Miers is pro-life, but if she has gone through her career not publicly stating her view, maybe she will not let her personal views affect her rulings as a Judge. I'm also getting tired of the abortion debate. It's not the only important issue. I'm far more concerned with her position on criminal justice and civil liberties issues....

I have not seen any direct quote attributed to Ms. Miers in which she publicly states she is personally pro-life or believes Roe v. Wade was wrongly decided.
Well observed. And consider that Miers, unlike, say, Roberts, does not seem to have spent her life gunning for a Supreme Court appointment.

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