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PERSPECTIVES:
Supreme Court Nominee Harriet Miers
October 7, 2005    Episode no. 906
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BOB ABERNETHY, anchor: More now on Harriet Miers, the president's nominee to the Supreme Court. She is described as a born-again Christian who opposes abortion. Nevertheless, many people on the religious Right have complained that her views are not well known and that she lacks any experience as a judge.

Tim O'Brien covers the Supreme Court. He's an analyst for Fox News and is also a visiting professor of law at Nova Southeastern University in Florida.

Tim, welcome. What do you make of the emphasis being put in this discussion that's around now on Ms. Miers's religion?

TIM O'BRIEN (Contributing Correspondent): Well, it is curious. You might recall with John Roberts, conservatives said, "Let's not talk about his devotion to the Catholic Church. We do not have a religion test for public officials in this country." Yet it seems the White House is trying to get out the message that as an evangelical Christian, she's on the right page on issues that count to conservatives such as abortion, separation of church and state.

ABERNETHY: And would you expect this question about the influence of her faith, being a born-again evangelical Christian -- would you expect that to come up in the confirmation process?

Photo of TIM O'BRIEN and Bob Abernethy O'BRIEN: Usually it doesn't, and the fact that somebody is a born-again Christian is hardly a disqualification for the Supreme Court. On the other hand, if her faith is going to play into the decision-making process -- her decision-making process, you can bet that a lot of senators, not just Democrats, will be asking about that.

ABERNETHY: But it doesn't follow necessarily, does it, that just because somebody is against abortion, that person would vote to overturn Roe v. Wade?

O'BRIEN: You're absolutely correct. In fact, part of the job is not to vote your personal views but to vote the Constitution. You could have a justice who's adamantly against abortion still be pro-choice, still think that Roe v. Wade was wrongly decided, and still vote not to overrule it. You could have that.

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ABERNETHY: And when is the confirmation process expected to be over?

O'BRIEN: Well, the hope is that she will be confirmed by Thanksgiving, and that's realistic. They can do it in that time, assuming this doesn't blow up in the administration's face. If she is confirmed by Thanksgiving, she would be on the court, on the bench for the next big abortion case coming up on November 30.

ABERNETHY: Which is what?

O'BRIEN: A case from New Hampshire involving parental notification when a juvenile wants an abortion. There are also procedural questions in the case. It's an extremely important case. The court is closely divided on this issue, and Harriet Miers's vote could be decisive.

ABERNETHY: And what else is coming up that really is crucial?

Photo of Harriet Miers and President Bush O'BRIEN: Well, a very big religion case is coming up November 1. She won't be on the court to hear that one, so you might only have eight justices deciding it, and it involves a religious group in New Mexico that wants to import a drug from Brazil -- a hallucinogenic drug -- that violates federal controlled substances laws. The Bush administration is against that, but the lower court sided with the religious group.

ABERNETHY: And that would be important for the whole relationship between church and state?

O'BRIEN: Absolutely. The Congress passed a law called the Religious Freedom Restoration Act, making it very difficult for the government to impose any burdens on religious exercise. Well, here the religious exercise involves a hallucinogenic drug. How far do you take that law? It's a big case.

ABERNETHY: Tim O'Brien, many thanks.

O'BRIEN: A pleasure.

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