Senator: Miers Lacks Votes To Win

Democrat Says Supreme Court Nominee Lacks Support To Be Confirmed





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Tough Road Ahead For Miers

Supreme Court nominee Harriet Miers has two challenging weeks to turn the tide in her favor on Capitol Hill before her Supreme Court confirmation hearings begin. Joie Chen reports. | Share/Embed


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(CBS/AP) A Democrat on the Senate committee that will consider Harriet Miers' nomination said Sunday that President Bush's Supreme Court choice lacks the votes now to be confirmed, saying there are too many questions about her qualifications.

"If you held the vote today, she would not get a majority either in the Judiciary Committee or the floor," said Sen. Charles Schumer, D-New York. On the 18-member GOP-controlled committee, "there are one or two who said they'd support her as of now."

But the committee's chairman, Republican Sen. Arlen Specter of Pennsylvania, rejected the notion that Miers' nomination was in trouble (video). Specter said most senators are waiting for the hearings before making up their minds "There are no votes one way or another," he told CBS News' "Face the Nation."

Miers, a longtime Bush confidante who has never been a judge, was nominated to replace retiring Justice Sandra Day O'Connor. The nomination has troubled some conservatives who say it was a risky choice because Miers was a blank slate on issues such as abortion and gay rights.

Democrats, too, have expressed concerns about whether the current White House counsel could sever her close ties to Bush and rule independently once she were on the bench.

CBS News correspondent Joie Chen reports that Mr. Bush is sticking with his long-time lawyer and trusted friend, even defending her lack of experience as a plus (video).

"I picked Harriet for a lot of reasons," Mr. Bush said. "One reason was because she had never been a judge. I thought it made a lot of sense to bring a fresh outlook."

Sen. Kay Bailey Hutchison, R-Texas, disputed suggestions that the White House was considering whether to withdraw Miers' nomination. Hutchison said the former Dallas lawyer is highly qualified and deserves to present her case. Confirmation hearings are set to begin Nov. 7.

"She is the only one whose entire career is in private practice," Hutchison said, in contrast to the current justices. "I can't imagine not having someone with practical real-world experience."

Sens. Sam Brownback, R-Kan., and Lindsey Graham, R-S.C., have asked the White House to release more information on the nonlegal work Miers has performed there over the past five years.

Brownback, a Judiciary Committee member, cited concerns he had about Miers' views on affirmative action following reports that she supported diversity and numerical set-asides when she was president of the State Bar of Texas.

"I do think we're going to have to see more information — not attorney-client privilege type information, but more information of the work product that she was involved with at the White House that was not of a legal nature but that's of a policy nature," Brownback told "Fox News Sunday."

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