KENNEDY STATEMENT ON NOMINATION OF HARRIET MIERS TO SUPREME COURT

President Bush has nominated his long-time friend, adviser and current White House counsel Harriet Miers to replace Justice O’Connor as an Associate Justice of the Supreme Court. We look forward to the Senate Judiciary Committee hearings to learn more about Ms. Miers, her qualifications, her ability to be independent from President Bush, and her views on the role of the Court in protecting fundamental rights and liberties.

As far as we know at this point, Ms. Miers does not have a public record of writings or speeches that would give the Senators and the American people an insight into the kind of justice she would be. Therefore, we urge President Bush to make available to the Committee documents and information relating to Ms. Miers's service in the White House during both terms of the George W. Bush Presidential Administration and for Mr. Bush during his terms as Governor of the State of Texas. Although the Administration did not provide the Committee with files relating to John Roberts's service as Deputy Solicitor General of the United States, we were able to receive from the Reagan Library extensive memoranda and files relating to John Roberts's White House service in the Reagan Administration. The American people are entitled -- at a minimum -- to the same kind of memoranda and files relating to Ms. Miers.

The record we have so far is simply insufficient to assess the qualifications of this nominee. While her resume lists impressive qualifications as a practicing attorney, it simply does not give the Senate -- or the public -- sufficient information to determine her qualifications to be a Supreme Court Justice and her commitment to core constitutional values.

Under the Constitution, no Supreme Court appointment can be made until and unless the Senate gives its advice and consent and the Senate -- and the American people -- must have the same amount and quality of information in approving the nomination as the Executive had in making it. I look forward to meeting Ms. Miers and hearing from her at the Senate Judiciary hearings, and receiving the documents necessary for us meet our joint constitutional role with the President in the appointment of Supreme Court Justices.