This fall has been a time of change for our country. Thankfully, we
have a strong Pro-Life president who makes prudent decisions that will
positively impact the future of our culture. President Bush has had
the opportunity to appoint two justices to the U.S. Supreme Court and
to fill the position of chair of his Council on Bioethics. Please read
this issue of the Pro-Life Update carefully to understand some of the
challenges we now face and how you—an educated Pro-Lifer—can
advance the Culture of Life.
Please share this information with your family, friends, and church
congregations. Make copies. Spread the news.
U.S. Supreme Court Nomination Process
Unlike elected officials, Supreme Court justices are appointed to their
position for life. The procedure for appointing a justice is provided
for by the Constitution (Article II, Section 2, clause 2), stating that
the president “shall nominate, and by and with the Advice and
Consent of the Senate, shall appoint…Judges of the Supreme Court.”
Also, although not mentioned in the Constitution, an important role
is played by the Senate Judiciary Committee before the candidate is
questioned by the full Senate.
Hence, the President of the United States first nominates a candidate
for the position of Supreme Court Justice. Once the president releases
the name of his nominee, the Senate holds hearings. Until the 20th century,
these hearings were held behind closed doors. However, since 1930, the
confirmation hearings have been completely open to the public. Since
1981, the hearings have even been televised. After the hearings, the
Senate will then vote either to confirm or reject the candidate. The
majority of Supreme Court nominees are approved by the Senate; only
12 out of 148 candidates have ever been rejected.
John Roberts Sworn in as U.S. Supreme Court Justice
John Roberts was confirmed as the 17th U.S. Supreme Court Chief Justice
on September 27, 2005. Chief Justice Roberts was confirmed by a Senate
vote of 78-22. “The Senate has confirmed a man with an astute
mind and kind heart,” Bush said. “All Americans can be confident
that the 17th chief justice of the United States will be prudent in
exercising judicial power, firm in defending judicial independence and
above all a faithful guardian of the Constitution.”
John Roberts was extremely honored by the confidence that President
Bush placed in him and commented further on the importance of strictly
upholding the constitution: “What Daniel Webster termed the miracle
of our Constitution is not something that happens in every generation,
but every generation in its turn must accept the responsibility of supporting
and defending the Constitution and bearing true faith and allegiance
to it.”
President Bush Nominates Harriet Miers to U.S.
Supreme Court
President Bush has nominated Harriet Miers to succeed Justice Sandra
Day O’Connor to the U.S. Supreme Court. Miers is the current White
House counsel. She was the president of the Texas Bar Association, president
of the Dallas Bar Association, and head of a major law firm in Dallas.
“Harriet Miers will be the type of judge I said I would nominate:
a good conservative judge,” Mr. Bush said in his weekly radio
address. He added, “When she goes before the Senate, I am confident
that all Americans will see what I see every day: Harriet Miers is a
woman of intelligence, strength and conviction.”
Since Miers has never served as a judge, some are worried that she has
no record to defend her claims that she would be a strict constructionist.
However, Dr. David N. O’Steen, executive director of National
Right to Life reminds us, “President Bush has an excellent record
of appointing judges who recognize the proper role of the courts, which
is to interpret the law according to its actual text, and not to legislate
from the bench. We believe that Harriet Miers is another nominee who
will abide by the text and history of the Constitution.”
Additionally, as president of the Texas State Bar, Miers lead an unsuccessful
effort to keep the American Bar Association neutral on abortion. At
the time, the ABA debated adopting a radical pro-abortion stance. Because
Miers recognized that a position on abortion falls outside the purview
of the ABA, she led the move for the ABA to remain at least neutral
on abortion. Leonard Leo, executive vice president of the conservative
Federalist Society, said, “The ABA is a place where there was
an awful lot of liberal activism, so it took some courage for a woman
to take [that] position.”
