Conservatives Bothered by Miers' Pro-Life Credentials, Stance on Women in Military

by Jody Brown and Chad Groening
October 6, 2005

(AgapePress) - A conservative family advocate and a conservative military watchdog are both voicing reservations about Harriet Miers' sitting on the U.S. Supreme Court. The family advocate is concerned that there is no "paper trail" upon which supporters and detractors can base their debate. In contrast, the military pundit is concerned that there apparently is a trail to be concerned about.

Gary Bauer's Washington, DC-based group, the Campaign for Working Families, labels itself as "unapologetically pro-family, pro-life." Bauer himself is considered by many among the conservative community to be the most effective spokesman on behalf of the family and unborn children. That is why the CWF chairman is concerned about conflicting reports regarding the pro-life stance of the Texas native who could be the next Supreme Court justice.

Gary Bauer

Bauer is concerned that "not one friend, associate, co-worker or White House official is able to produce one sentence she has written or spoken in criticism of Roe v. Wade." And he admits he is troubled by her apparent silence on the controversial issue -- especially since she was baptized into the Christian faith more than 25 years ago and is an active member of an evangelical church in Dallas.

"Surely in a pro-life state like Texas," Bauer wonders, "there was no reason for her to be silent on the fundamental legal controversy of our age."

As head of the Texas Bar Association, Miers has been reported to have played a major role in attempting to keep the American Bar Association neutral on the issue of abortion. But Bauer cites comments from Darrell Jordan, another former president of the Texas group, who told the Dallas Morning News that her participation in that situation had "nothing to do" with whether she was pro-life or pro-abortion. And as to whether she might be in favor of overturning Roe? "I think she would take the view that only in the rarest of circumstances would she do something to reverse that kind of precedent," said Jordan.

Such observations by individuals familiar with Miers give Bauer pause -- and reason to withhold any statement endorsing Miers' nomination. He seems resigned, for the time being at least, to be among the ranks of Capitol Hill family advocates who, while wanting to trust the president on his choice, also are hopeful the nominee's confirmation process will clear up any questions they have.

On Women in the Military
Elaine Donnelly, however, is openly expressing her disappointment in President Bush's choice to replace Sandra Day O'Connor on the high court. The conservative military watchdog, who heads up the Center for Military Readiness, says while it is true that Harriet Miers does not have a judicial paper trail, her record as White House counsel is a legitimate cause for concern.

"I've been told that she has been the gatekeeper on all legal issues in the White House," Donnelly shares. "The issues of concern to the Center for Military Readiness -- such as women in combat, women's continued exemption from registration for Selective Service, and of course homosexuals in the military -- I have sent numerous messages to the White House [regarding those issues]. But apparently those messages did not get through the gate -- the gate that Harriett Miers was keeping."

The CMR president says she is concerned that once Miss Miers is on the Supreme Court, she might side with those who want to use the military for social experimentation. And Donnelly is also anxious about the fact that Miers, in her capacity as White House counsel, apparently has not advised the president to enforce the ban on women serving in ground combate.

"We see the president saying in January, 'No women in land combat' -- and yet the Department of the Army has been changing the rules without notice to Congress, which is required by law," Donnelly observes. "You would think that the White House counsel -- the president's good friend -- would say, 'Mr. President, the Army needs to be brought back in line with the law.'"

Apparently that has not happened, says Donnelly -- and that is what gives rise to her concern. She wonders if Miers does not fight against social experimentation by the military now, how can she be expected to deal with the issue as a Supreme Court justice?