''It's the Souter factor," said Senator Jeff Sessions, Republican of Alabama, referring to Supreme Court Justice David Souter. Souter, who was a little-known judge when President George H.W. Bush nominated him, later turned out to be a liberal justice.
''I think conservatives do not have confidence [Miers] has a well-formed judicial philosophy, and they are afraid she might drift and be a part of the activist group like Justice Souter has," Sessions said yesterday. ''She will need to articulate a vision of the Constitution and the role of a judge that is sound, or she could be in trouble with the Republican senators."
Miers met yesterday with Senator Conrad Burns, Republican of Montana, who said she ''has a great sense of humor and a great understanding of the importance of the legal arena in our nation."
Because Miers, now 60, spent her career in private practice and as a member of Bush's White House staff, conservatives outside the capital have little to hang their hopes on except the president's word that she would be a justice in the mold of Antonin Scalia or Clarence Thomas.
''She's got to convince the conservative world that she understands the word 'strict constructionist,' " said Senator Lindsey Graham, Republican of South Carolina, one of three Judiciary Committee conservatives who met Thursday with Miers.
