Oct. 5, 2005 — -- A powerful conservative on the Senate Judiciary Committee says if Supreme Court nominee Harriet Miers considers Roe v. Wade "settled law" there is a "good chance" that he will vote against her.
Sen. Sam Brownback, R-Kan, told "Good Morning America" today he believes the landmark case that legalized abortion, needs to be reconsidered "because of the effects that Roe v. Wade has had on this society and the unborn."
Brownback acknowledged that Miers cannot explicitly say how she would rule on abortion because that would be considered "pre-judging" an issue that is likely to come before her, should she be concerned.
Brownback said there is "precious little to go on" to determine where Miers stands on many divisive issues. He is set to meet with her on Thursday.
"There's precious little to go on and a deep concern that this would be a Souter-type candidate," Brownback said, referring to Supreme Court Justice David Souter, a little-known judge nominated for the court by the first President Bush who later turned out to be liberal on the bench.
"The circumstances seem to be very similar," said Brownback. "Not much track record, people vouching for her, yet indications of a different thought pattern earlier in life."
Miers, who was nominated to the high court by Bush on Monday, has served as White House counsel since November 2004.
If Miers is confirmed by the Senate, she would be the third woman to serve on the Supreme Court. She would be the first Supreme Court nominee in more than 30 years not to have served as a judge.