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It is not one of the 'popular' branches of government," while conversely then Senate Minority Leader Harry Reid (D-NV) stated he did not feel an Ivy League pedigree was a necessary criterion for placement on the court.However, in the long run, discussion over Miers’ academic credentials was overshadowed by the focus placed on her career history and ties to the Bush administration, with fears of “snobbery” calls quieting discussion.Miers said in 1992 that she felt Supreme Court nominees should not be asked about how they would rule on abortion issues.

Speaking to Miers's lack of credentials, the White House quickly advanced the defense that 41 of the 110 Supreme Court Justices appointed to date had never served as a judge prior to their nomination.

Some examples during the 20th century include Louis Brandeis (appointed 1916), Felix Frankfurter (1939), William O.

Douglas (1939), Robert Jackson (1941), Earl Warren (1953), Abe Fortas (1965), Lewis Powell (1972), and William Rehnquist (1972).

Senator Brownback, a member of the Judiciary Committee, said there was a "good chance" he would vote against Miers if she testified that Roe v. Miers withdrew her nomination shortly after an awkward dispute she had in a private talk with Sen.

Arlen Specter of Pennsylvania, then the Republican chairman of the Senate Judiciary Committee.

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