Bush Supreme Court nominee withdraws

US: President Bush has abandoned his attempt to appoint White House counsel  Harriet Miers to the Supreme Court after Republican…

US: President Bush has abandoned his attempt to appoint White House counsel  Harriet Miers to the Supreme Court after Republican lawmakers made clear there was not enough support in the senate to confirm her.

Ms Miers withdrew her nomination in a letter to Mr Bush yesterday, citing concerns that senate demands to see documents related to the advice she gave him as counsel would put too great a burden on the White House.

"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. While I believe that my lengthy career provides sufficient evidence for consideration of my nomination, I am convinced the efforts to obtain Executive Branch materials and information will continue," she wrote.

Mr Bush said he accepted Ms Miers's decision reluctantly, blaming senators for distorting the confirmation process and declaring that she would continue as White House counsel.

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"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.

"Harriet Miers's 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 said.

Ms Miers told Mr Bush of her decision in a phone call on Wednesday evening after it became clear that a conservative campaign against her had sapped support among senate Republicans. Her decision to withdraw surprised members of the Senate judiciary committee, who received a revised questionnaire from Ms Miers earlier on Wednesday.

As late as Wednesday afternoon, she was on Capitol Hill seeking support from senators, none of whom received any indication that she was considering withdrawing. Despite Mr Bush's warm words in response to her letter, there was no sign that the White House tried to persuade Ms Miers to change her mind about withdrawing her nomination.

Mr Bush's nomination of Ms Miers had drawn criticism from across the political spectrum, with right-wingers complaining that she lacked a strong conservative judicial philosophy and Democrats dismissing her as a crony with little relevant experience.

Conservative critics were the harshest, ridiculing the nominee and accusing the president of betraying the political base that secured him two election victories. This week, a number of conservative groups that usually support Mr Bush launched television ads and websites opposing the Miers nomination.

Although no Republican senators expressed outright opposition to her, a number made clear their reservations about a nominee who had never served as a judge and whose conservative credentials were in doubt.

Senator Sam Brownback from Kansas yesterday welcomed her withdrawal.

"I'm not surprised and it shows the maturity of the party. They wanted a clear nominee," he said.

Mississippi's Trent Lott said Republicans should now unite around the president as he chooses a new nominee.

"Let's move on. In a month, who will remember the name Harriet Miers?" he said.

Democratic senate leader Harry Reid said that the radical right of the Republican Party had killed Ms Miers's nomination and warned the president against pandering to conservatives in choosing a replacement.

"They want a nominee with a proven record of supporting their skewed goals," he said.

Mr Bush is expected to choose a woman or a member of an ethnic minority as his new nominee.

However, selecting someone acceptable to conservatives who will not provoke a Democratic backlash could prove difficult.

White House spokesman Scott McClellan said Mr Bush was deeply disappointed with the process of confirming a Supreme Court nominee but played down the role of conservative activists in forcing Ms Miers's withdrawal.

"He will move forward in a timely manner to name a new nominee," he said.

Ms Miers' withdrawal is an unwelcome blow for the president in a week when the number of US soldiers killed in Iraq passed 2,000 and as Washington waits for the outcome of special prosecutor Patrick Fitzgerald's investigation into the leaking of a CIA agent's identity two years ago.

Mr Fitzgerald is expected to announce indictments today that could include charges against Mr Bush's top political adviser, Karl Rove, and vice-president Dick Cheney's chief of staff, Lewis "Scooter" Libby.

Denis Staunton

Denis Staunton

Denis Staunton is China Correspondent of The Irish Times