Washington – Past positions Harriet Miers took on abortion and gay rights would not factor into her Supreme Court rulings if she is confirmed as a justice, the nominee told Colorado Sen. Wayne Allard on Tuesday.
Allard met with Miers for about 40 minutes, one of a series of meetings she is having with senators. Colorado Sen. Ken Salazar, a Democrat, is to meet Thursday with Miers.
Allard, a Republican, said after his meeting that he is still not prepared to endorse Miers. He plans to follow her confirmation hearings before deciding.
In contrast, Allard endorsed John Roberts almost immediately after his nomination for chief justice. He said Tuesday that he had been more familiar with Roberts because of Roberts’ hearings for appellate court judge.
As a candidate for the Dallas City Council in 1989, Miers responded to separate questionnaires asking her views on abortion and gay rights.
In one survey, released Tuesday, Miers said she was opposed to abortion. In the other questionnaire, disclosed shortly after Miers’ nomination, she said gays and lesbians should have the same rights as other Americans, although she opposed repeal of Texas’ law banning some homosexual acts.
Allard said he did not ask Miers about issues such as privacy or gay marriage at Tuesday’s meeting, but did ask about her 1989 questionnaire responses.
Allard said he pointed out to Miers that she had taken public positions on those issues and asked how she would approach them as a judge. He did not ask about her current positions on those issues, he said, because it would not have been appropriate and she probably would have refused to answer.
“She assures me that those are her own personal views and as a judge she will look at the facts of the case,” Allard said.
The pair also talked about Miers’ judicial philosophy, Allard said. Asked about the First Amendment, Miers told Allard it should not impede someone’s practice of religion but there should not be government-sanctioned religion, he said.
He said he was pleased to learn that Miers sees the role of the judiciary as limited. Allard has attacked what he calls judicial activism.
Despite criticism of Miers from fellow Republicans, Allard said he does not believe her nomination is imperiled, “but we’ll see as the process goes through.”
Allard said he believes Miers is well-qualified. “The leadership would like to get her confirmed but they also realize you have to give people a chance to know Harriet Miers,” he said.
