Burnt Orange Report

Senate Committee Probing Miers For More Texas Data, White House Info

By Vince Leibowitz

I haven't seen much on BOR in recent days about the Miers nomination, and ran across some interesting sutff via SCOTUSBlog, which I thought I'd post and expound on.

In particular, SCOTUSblog links to a letter from Sens. Specter and Leahey requesting Miers supplement her answers to a previous set of questions she received from the Judiciary Committee. And, they're asking some things about her Texas work. In the letter, the Senators asked Miers to:

"Please supplement your answer to this question, listing all reports, memoranda, or policy statements prepared, produced with your participation, or produced under your guidance during the time in which you served in any public office, including your various positions at the Dallas Bar Association, the State Bar of Texas, the American Bar Association or any of your positions in the White House. Please also provide the Committee with any policy position documents or questionnaires you filled out while running for Dallas City Council. Specifically, if you sought particular group endorsements or responded to position questions by particular groups in the community, please describe and append relevant materials."

With regard to the State Bar stuff, I believe the Committee is referring to Miers effort in 1993, while Texas State Bar president, to persuade the American Bar Association to abandon its abortion-rights stance.

Of course, litigation concerning her former firm means Texas legal powerhouse Locke Liddell & Sapp, LLP.

The Dallas City Council material obviously refers to a Texans United for Life survey Miers filled out in 1989 when running for Dallas City Council, which included the following question, to which Miers responded, "YES:"

"If Congress passes a Human Life Amendment to the Constitution that would prohibit abortion except when it was necessary to prevent the death of the mother, would you actively support its ratification by the Texas Legislature?"

Miers' full responses to the questions, which are now online via the Washington Post, shed light on the former Lottery Commission chairwoman's legal activities, and include some interesting Texans whom she opposed or served as co-counsel with. Miers also states that she represented Smith County, Texas, though no specific information is stated concerning when or concerning what she represented them on.

For example, one of Miers' numerous co-counsels in Microsoft Corp. v. Manning, 914 S.W.2d 602 (Tex. App. exarkana 1995, pet. dism'd), was none other than Max Sandlin, Jr.

And, the infamous Andy Taylor rears his head, too. Taylor was co-counsel for the Texas electors in Jones vs. Bush, the case concerning whether or not Cheney was a Texas resident, and concerning whether or not the president and vice president may be from the same state.

Miers also represented a woman in a Social Secutiry Death Benefits case with her sister-in-law (and 5th District Court of Appeals Justice) Elizabeth Lang-Miers.

And, in Disney Enterprises, Inc. v. Esprit Finance, Inc., 981 S.W.2d 25 (Tex. App. an Antonio 1998, pet. dism'd w.o.j.), Miers was opposed by none other than Carlos Zaffirin, the attorney husband of State Sen. Judith Zaffirini (D-Laredo).

Vince Leibowitz is former County Chairman of the Democratic Party of Van Zandt County, Texas, and is semi-regular contributor to Burnt Orange Report. He may be reached at Vince_Leibowitz-at-verizon.net