Rising stakes for Miers hearing

After the initial shock and awe over her nomination, the outcome of Harriet Miers's bid to join the Supreme Court now depends on how many Senate Republicans join conservative critics determined to bring her down.

The White House had expected a small army of conservative groups to provide covering fire for nominees as they charged through the Senate. But many are now missing in action or outright hostile, because they doubt the nominee's legal and conservative credentials.

The result is that Ms. Miers is now going it alone, making her testimony at next month's Judiciary Committee hearings even more important.

Senators who by this time in the confirmation cycle had announced support for Chief Justice John Roberts say they are withholding judgment until they evaluate her performance at the hearings.

Just a half-dozen Senate Republicans voting "no" could derail President Bush's nomination. But some observers say that Democrats, fearing a more conservative replacement if Miers were defeated, could ultimately lend her their support.

"The great irony is that she might be saved by Democratic votes," says Jonathan Turley, a law professor at George Washington University.

While President Bush may have lost some conservative allies in Washington, he is still counting on an ability to rally his base to influence key Senate votes. That strategy is already unfolding in New Hampshire, site of the first presidential primary vote.

At the urging of the White House, several leading New Hampshire conservatives launched a campaign to get senators who are considered 2008 presidential hopefuls on record in support of a fair up-or-down vote for Miers.

"She's a born-again Christian, owns a handgun, and headed the Texas Bar Association. I have a hard time understanding why this is a bad thing," says Ed Naile, chairman of the Coalition of New Hampshire Taxpayers.

Some of these presidential hopefuls making frequent visits to the state, such as Sen. Sam Brownback (R) of Kansas, are also among those who have expressed the most reservations about Miers. "If they don't pay attention to what conservative Republicans think in New Hampshire, that's a foolish decision," says Mr. Naile.

In Washington, the Republican National Committee is encouraging state party leaders to write op-eds in support of Miers. Last week, RNC chairman Ken Mehlman held a conference call with more than 30 bloggers to build grass-roots support for the nominee.

"The rush to judgment on Miers from the president's allies has been striking. Not only has it been immediate and widespread, it also has been - in many cases - extraordinarily immoderate," wrote Ronald Cass, dean emeritus of Boston University School of Law and co-chairman of the Committee for Justice, writing for the website RealClear Politics, which is widely read by conservative activists.

In the Senate, some Republicans say that President Bush's nomination of his White House lawyer to replace Justice Sandra Day O'Connor is tainted by cronyism and that Miers is not qualified.

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