Miers' Abortion Stand Fuels Debate

Documents Show Nominee Supported Ban On Most Abortions In 1989

(CBS/AP)  Mr. Bush nominated Miers three weeks ago to succeed retiring Sandra Day O'Connor, the justice who has cast the pivotal vote in a string of 5-4 rulings in recent years that sustained abortion rights, upheld affirmative action and limited the application of the death penalty. Many Republicans had hoped the president would pick a prominent conservative with a long record on abortion and other issues rather than a 60-year-old White House counsel whose private law practice consisted almost entirely of representing corporate clients.

As a result, the appointment has created a political landscape unlike any other in the five years of the Bush administration — tepid support at best from conservatives unhappy over a judicial nominee, with Democrats generally content to remain outside the fray rather than interfere in a remarkable round of GOP infighting.

There were some indications during the day that Miers might be gaining ground among Senate Republicans, none of whom has yet to announce plans to oppose confirmation.

Sen. Trent Lott, who spoke dismissively of Miers shortly after her appointment, told reporters it was "more than likely at some point I'll be satisfied. But I'm not there yet." The Mississippi Republican said his concern resulted from dealings he had with Miers over the summer that led him to question her competence. He declined to elaborate.

Sen. Jeff Sessions, R-Ala., told reporters he thought Miers was making headway among conservatives.

"Grassroots Republicans that I talk to in Alabama feel positive about her," he told reporters. He added, "I might have liked a different type of nominee but that's the president's. He gets to pick that."

At the same time, other Republicans remained decidedly unexcited. Sen. John Thune, R-S.D., who met with Miers during the day, said afterward he would have preferred "someone who has stood in there and weathered he attacks and criticism from the left on some of these issues."

While the Texans United For Life questionnaire was unsigned and undated, senior Justice Department officials who briefed reporters said Miers herself had included it in material to be turned over to the Judiciary Committee.

The document consisted of 10 questions and asked candidates to indicate agreement or disagreement based on their views.

In each case, Miers indicated she supported the positions taken by the group. That included support of Texas' ratification of any constitutional amendment that cleared Congress banning abortions except where necessary to prevent the death of the mother, and support for legislation "if the Supreme Court returns to the states the right to restrict abortion."

Miers also said she would oppose the use of public money for abortion except where necessary to prevent the death of the mother.

In a separate questionnaire completed for the Dallas Eagle Forum in 1989, Miers indicated she would not support any city ordinance requiring property owners and businesses to "provide accommodations to persons with AIDS...and those perceived to have AIDS."