PRIVILEGED:

Miers may avert a Senate storm: Democratic leader Harry Reid expresses confidence in her. (Gail Russell Chaddock, 10/04/05, The Christian Science Monitor)

Even more so than John Roberts, recently confirmed as chief justice, Ms. Miers has a short paper trail. While senators have cordial contacts with her as White House counsel, they do not have a fix on her views on hot-button issues ranging from abortion and privacy rights to how widely Congress can regulate the economy based on the commerce clause of the Constitution.

Unusually, both Democrats and Republicans say they will press for release of documents during Miers's White House years that will give a clearer view on where she stands on these issues. Since Miers has no record as a judge, senators say the release of relevant documents will be even more important for Miers than it was for Judge Roberts.

"Although the [Bush] administration did not provide the [Judiciary] Committee with files relating to John Roberts's service as Deputy Solicitor General for 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," said Sen. Edward Kennedy (D) of Massachusetts, the longest serving member on the Senate Judiciary Committee.

Ronald Reagan wasn't just retired by dead, so there was no problem with letting them see his lawyers' files. W, contrary to the wacky Right, is very much alive and president--they'll get bupkus.

Posted by Orrin Judd at October 3, 2005 6:15 PM