Comment Of Sen. Patrick Leahy (D-Vt.),
Ranking Member, Senate Judiciary Committee,
On Transcript Of Excerpts Of Dr. Dobson’s Explanation
Of His Discussions With The White House
About The Miers Nomination
Wednesday, October 12, 2005

“Dr. Dobson earlier seemed confident that he had all the assurances he needed about how she would vote as a justice on issues that are his litmus test.  Now, more than a week later, he has offered an explanation for his earlier cryptic remarks.  The rest of America, including the Senate, deserves to know what he and the White House know.  We don't confirm Justices of the Supreme Court on a wink and a nod.  And a litmus test is no less a litmus test by using whispers and signals.

“No political faction should be given a monopoly of relevant knowledge about a nomination, just as no faction should be permitted to hound a nominee to withdraw, before the hearing process has even begun.  What we have seen so far is more of a commentary on the litmus tests and narrow motivations of vocal factions on the Republican right than it is a commentary on the qualifications of Harriet Miers.

“The Senate has an established process for evaluating nominations to high office, and that process will gather and weigh the facts to the best of our ability – with, I hope, the cooperation that the Senate deserves from the White House.  The American people expect the Senate to make informed decisions about lifetime appointments to our highest court.  The Judiciary Committee has bipartisan procedures for evaluating pertinent information about nominations.  As Chairman Specter has said, the staff needs to finish a preliminary review before a decision is reached about how to proceed on this and other issues.”

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