Volume 3, Number 10
October 12, 2005

One of the most important Christian conservative grass roots organizations in America has issued a memo that is a shot across the bow of the nomination of Harriet Miers for the US Supreme Court. The memo, released on Monday by Concerned Women for America (CWA), falls just short of outright opposition to the Miers nomination. Though it withholds final judgment, it strongly scolds the White House for what CWA sees as a weak nomination followed by insulting talking points in her support.

The memo was written by CWA chief counsel, Jan LaRue, and says "CWA cannot endorse the nomination but we remain open to persuasion" even though, the memo says, "the media are brimming over with coverage about Miss Miers' background and qualifications…"

The memo strongly goes after the talking points used by the White House and it supporters in the Miers fight. Specifically, CWA takes umbrage at the charge leveled as recently as yesterday morning by First Lady Laura Bush that opposition to Miers stems from "sexism." The CWA memo rejects "the notion that a nominee should be selected or rejected on the basis of sex, race, or ethnicity. Neither equal justice under the law nor one's judicial philosophy is dependent upon such factors."

The charge generally coupled with "sexism" is that opponents are "elitists" who insist only on Ivy Leaguers for the high court. CWA, whose populist credentials are well grounded in their 600,000 members, points out that they have supported many judicial nominees from outside elite schools.

CWA takes special offense at the talking points now being used by White House surrogates that she should be trusted because she is an Evangelical Christian. This point has been made by Dr. James Dobson of Focus on the Family, Dr. Richard Land of the Southern Baptist Convention, and by Pat Robertson. The CWA memo scaldingly says, "We find it patronizing and hypocritical to focus on her faith in order to gain support for Miss Miers."

Having dispatched the current talking points, the memo goes to the heart of CWA's concerns about the Miers nomination; her qualifications. CWA sums up her qualifications this way: "Until 2001, Miss Miers legal experience was as managing partner of a large corporate law firm. Corporate law, like several other areas of legal practice, does not generally involve constitutional issues. When it does, the lawyer does not educate herself on the issue beyond what is required to adequately represent her client."

The memo finishes by asking 17 "questions needing answers." A large portion of them deal with Miers' knowledge or participation in constitutional questions. "Has Miss Miers authored or co-authored any amicus curiae briefs that argued constitutional issues?" "Has Miss Miers spoken or debated on any subject of constitutional law, theory of interpretation, the role of the courts or separation of powers?"

The CWA memo comes at a time when the intra-conservative debate about the Miers nomination has become especially vituperative. Last week Senator Lindsay Graham told critics to "shut up." Televangelist Pat Robertson told critics to "stop yapping." Ronald Cass, new chairman of the Committee for Justice, told critics to "take a breath, count to ten, exhale, and stop whining."