Washington – Supreme Court nominee Harriet Miers pledged support in 1989 for a constitutional amendment banning abortions except when necessary to save the life of the mother, according to material given to the Senate today.
“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,” asked an April 1989 questionnaire sent out by the Texans United for Life group.
Miers checked “yes” to that question, and all of the group’s questions, including whether she would oppose the use of public moneys for abortions and whether she would use her influence to keep “pro-abortion” people off city health boards and commissions.
The survey was part of the material sent to the Senate with Miers’ Supreme Court questionnaire, according to two sources, one working with the White House and the other with the Senate, speaking on condition on anonymity.
The abortion issue hangs over Miers’ nomination much as it did over the appointment of Chief Justice John Roberts earlier this year. The situations are different, however – Roberts replaced the late William Rehnquist, who voted to overturn the 1973 abortion ruling. Miers would succeed retiring Justice Sandra Day O’Connor, who has voted to uphold it.
“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.” said Jim Dyke, a White House spokesman.
Miers’ nomination has been met with skepticism from some conservatives, who say she has little by way of a record to establish her views on abortion, affirmative action and other issues. The Texans United for Life questionnaire is the first public indication of how Miers feels about abortion, although some of her supporters have assured conservatives that they believe she would overturn the Supreme Court’s landmark Roe v. Wade ruling.
Senators say Miers has insisted that she has not given anyone any assurances that she would overturn Roe v. Wade if given the chance.
“She said nobody knows my views on Roe v. Wade. Nobody can speak for me on Roe v. Wade,” said Sen. Charles Schumer, D-N.Y., on Monday, referring to the case that guaranteed women’s constitutional right to an abortion, setting a legal precedent that abortion foes have been trying to overturn ever since.
