Doubts about Miers

THANKS TO her friends in the White House, Harriet Miers will face the Senate Judiciary Committee bearing a greater burden than John Roberts, now the chief justice of the Supreme Court.

Roberts, as a protege of his predecessor, William Rehnquist, had strong conservative and legal credentials, so his handlers from the Bush administration bristled when some liberal groups began to question what role his Roman Catholic upbringing and faith might play on the court. Religion is not relevant to the appointment, they said.

But Miers has few credentials of any kind to carry into her confirmation hearings, expected to begin next month. So Bush and his minions have tried to reassure skeptical conservatives by pointing to her religious beliefs. Though raised a Catholic, Miers is now an evangelical Protestant whose commitment to her faith is portrayed by supporters as deep-seated and steadfast. ''Part of Harriet Miers's life is her religion," Bush said on Wednesday.

Miers is smart enough to tell senators that her views and actions on the bench would be based on the Constitution and not religious scripture. But there will doubtless be a focus on religion in her hearings, in large part because of Bush's effort to have it both ways. Asked for Miers's judicial philosophy, the White House has given us the worldview of James Dobson, founder of the archconservative group Focus on the Family. Dobson's support for Miers was solicited by Bush's aide Karl Rove even before Bush introduced her to the country, showing what constituency is most important to this administration.

So senators will likely put Miers on the spot to extricate herself credibly from a tangle of religious implications that now threatens to become more of a trap than a safety net. Beyond that, senators will rightly press Miers for evidence of her ability to think independently and powerfully on constitutional issues. Roberts was not well known before his nomination, but what experience he had was gold-plated: clerking for Rehnquist; a reputation as one of the most effective advocates before the Supreme Court; and two years on the top federal appeals court. And Roberts backed this up with an impressive grasp and articulation of constitutional issues.

Miers has no such experience. Liberals worry, understandably, that she might be a lapdog for Justice Antonin Scalia, showing the same kind of loyalty to Bush's favorite judge as she has to Bush himself. But it would not be much better if she were a lapdog for a more moderate or liberal judge. In the long run, the Supreme Court needs strong, independent minds.

It will be up to Miers to show senators, and the nation, that she would not be beholden to Bush or Scalia or any other influence, including the Bible.