Harriet Miers, President Bush's nomination for Justice on the United States Supreme Court, withdrew Thursday, Oct. 27.

'I am concerned that the confirmation process presents a burden for the White House and our staff that is not in the best interest of the county,' Miers stated in her withdrawal letter to the president. 'As you know, members of the Senate have indicated their intention to seek documents about my service in the White House in order to judge whether to support me.

'While I believe that my lengthy career provides sufficient evidence for consideration of my nomination, I am convinced the efforts to obtain Executive Branch materials and information will continue.'

According to a statement made by President Bush, he 'reluctantly accepted' Miers' withdrawal but will continue to have her serve as White House Counsel.

Jason Pierce, assistant professor of political science who has taught courses on the U.S. Supreme Court and has researched the American judicial system, believes the Senate's request for documents, along with Miers' refusal would have put Congress against the White House, leading to an institutional conflict.

'Miers' nomination was withdrawn out of political pragmatism rather than political procedures,' Pierce noted.

Monday, on the heels of Miers' withdrawal, President Bush made another nomination, this time nominating Judge Samuel Alito to replace Justice Sandra Day O'Connor.

Alito is a conservative judge, on the 3rd U.S. Circuit Court of Appeals in Philadelphia. His judicial experience and credentials have been compared to that of Justice Antonin Scalia.

Alito has Bush's conservative base constituents, as well as most of the Republicans on his side, but must win over the Democrats in the fight to be confirmed, according to Pierce.

'They all put up a fight or ultimately cave in, or they filibuster Alito,' Pierce said. 'The question is what are the Democrats going to do'?

Debate is going on in the Senate about whether or not the Democrats should filibuster Alito's nomination.

A filibuster, according to Pierce, is when a single individual in the Senate can cause the institution from moving forward on legislation. This individual can take the floor, speak on an entirely different subject and stop the legislation talk for days. This causes Senate to come to a halt and kills legislation.

Though filibuster talk is going on in the Senate, Pierce thinks there will be an ugly fight about Alito's confirmation, but that the Democrats will ultimately decide not to use a filibuster.

'If Democrats filibuster a Supreme Court nominee it will be the first Supreme Court nominee to be filibustered,' Pierce said. 'That sets a dangerous precedent because if the Democrats win back the White House and the Senate, then the Republicans can use the filibuster, saying you did the same thing to Alito, and stick it back to them. I don't think the Democrats want to set that precedent.'

President Bush announced he would like the Senate to act promptly on Alito's nomination so that the confirmation hearing and vote takes place before the end of the year.