There is an organized effort by some Republicans to derail Harriet Miers' nomination by pressuring allies of the White House to drop their support.
Republican activists opposed to the nomination are circulating e-mails from prominent Federalist Society members who remain confounded by the White House. Miers, of course, has never been a member of the Federalist Society; in Texas in 1990, she called too "politically charged" -- while acknowledging her membership in something called the Progressive Voter League and suggesting that membership in the NAACP would be ok.
They are also pressing journalists to write about alleged Federalist Society discontent with Miers. This group of Republicans includes staffers for at least one Republican member of the Judiciary Committee.
Sources close to the White House and sympathetic to Miers have said that Miers viewed herself as too independent to join any professional legal group that would telegraph her views on particular disputes. Others, including close administration advisers, have suggested that Miers was not comfortable with the young Fed. Soc. members in the White House counsel's office.
Miers' defenders point out that there are five associate counsels who are Fed. Soc. members at the present time. These sources are passing around a speech that Miers' gave earlier this year where she praised for the legal group.
We recieved a tip this morning that Leonard Leo, on leave as executive vice president of the society, had begun to harbor doubts about Miers' confirmability, and had begun to share those views with the White House. Leo, through an associate, said the notion that he's had second thoughts was "absolutely false" and said that he supports Miers because he knows her personally and because of her philosophy of judicial restraint.
We do know that many Republican lawyers close to Leo, including Fed. Soc. members, want the White House to show them something that would comfort them about Miers' core judicial principles.
An e-mail circulated to Republicans today by the Republican National Committee concludes that "the bottom line is, in 1989, the Federalist Society was not as well known as it is today. Harriet Miers said in testimony that there was a perception in Dallas at the time that the organization was political in nature. Since that time she has come to know the incredibly positive impact this professional organization of lawyers has had on the debate about Constitutional and legal theory, and is proud to have participated in Federalist Society events."
Gene Meyer, the Federalist Society's president, said in a brief interview that the group does not take official positions on the nomination. Characterizing the contrasting views of Miers generally, Meyer said that Federalist Society lawyers "frequently have spirited debates and discussions, not only outside the organization, but inside of it as well."
He would not address the topic further.
A side note: The Federalist Society's annual convention begins 11/10. The theme: "originalism." [MARC AMBINDER]