Miers Withdraws Supreme Court Nomination

by Mike Godfrey, for LawandTax-News.com, Washington

28 October 2005

President Bush's controversial Supreme Court nominee, Harriet Miers, unexpectedly withdrew her nomination yesterday following a barrage of criticism over her suitability for the job and for her role in promoting tax shelters in the 1990s.

Miers, White House counsel and long time friend of the President, had faced growing pressure to step aside from lawmakers of both political colors because of her lack of experience as a judge and in handling complex constitutional issues. She was also the subject of opposition from conservative Republicans, who feared that she might promote a more liberal agenda.

The issue came to a head as members of the Senate began to call for the release of confidential White House documents that the Bush administration had insisted were protected by executive privilege.

Miers' withdrawal of her Supreme Court nomination was accepted "reluctantly" by President Bush.

"It is clear that senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House - disclosures that would undermine a president's ability to receive candid counsel," he said in a statement.

"Harriet Miers' decision demonstrates her deep respect for this essential aspect of the constitutional separation of powers -- and confirms my deep respect and admiration for her," he added.

Allegations over Miers' role in the sale of tax shelters to wealthy clients whilst she ran the Texas-based law firm Locke Liddell and Sapp during the 1990s have also cast a shadow over her nomination in recent days.

According to the Washington Post, Locke Liddel & Sapp issued 132 opinion letters certifying that a tax sheltering arrangement known as a Contingent Deferred Swap, developed by accounting firm Ernst & Young in 1998, would pass muster if challenged in court.

However, in defence of Miers, a White House spokesman has stated that the matter was not relevant to her nomination as the majority of the disputed transactions took place after she had left the firm.

In a letter dated Thursday, Miers expressed concern that the continued speculation over her qualifications for the role of a Supreme Court justice would "create a burden" for the White House that would not be "in the best interests of the country", according to the AP.

"I have been informed repeatedly that in lieu of records, I would be expected to testify about my service in the White House to demonstrate my experience and judicial philosophy," she wrote.

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