Print

Email story

Comment

Letter to the editor

Brown confirmed, Pryor on deck

Janice Rogers Brown was confirmed to serve on the federal appeals court.

By wire services
Published June 9, 2005

WASHINGTON - The Senate on Wednesday confirmed California judge Janice Rogers Brown for the federal appeals court, ending a two-year battle filled with accusations of racism and sexism, along with a dispute over Democratic blocking tactics.

Senators followed by ending another long-term filibuster, clearing the way for a vote today on former Alabama Attorney General William Pryor as outlined in an agreement last month that averted a showdown that could have brought Senate action to a halt.

After giving Pryor a final vote and confirming two Michigan nominees to other appeals court posts, senators plan to leave President Bush's other controversial nominees waiting, moving on to other matters after devoting a month to debate over judges.

Bush commended the Senate for voting to confirm Brown. "During her tenure on the California Supreme Court and California Court of Appeal, Justice Brown has distinguished herself as a brilliant and fair-minded jurist who is committed to the rule of law," Bush said in a statement.

The Senate voted 56-43 to confirm Brown to the U.S. Circuit Court of Appeals for the District of Columbia. One Democrat, Ben Nelson of Nebraska, joined the Senate's 55 Republicans in voting to confirm Brown. The other 43 Democrats voted against her. Independent Sen. James Jeffords, Vt., did not vote.

The Senate then voted 67-32 to end the filibuster of Pryor's nomination to the 11th U.S. Circuit Court of Appeals - the last of the three nominees Democrats agreed to clear in exchange for Republicans not banning judicial filibusters.

The Senate also will confirm today Michigan nominees David McKeague and Richard Griffin, nominated to the 6th Circuit in Cincinnati, said Majority Leader Bill Frist, R-Tenn.

While those two weren't part of the deal to avoid a fight over judicial filibusters, Democrats withdrew their objections to their confirmation during the back-and-forth negotiations.

By clearing the filibusters of Brown, Pryor and the now-confirmed U.S. Appeals Court Judge Priscilla Owen, the Senate has taken care of the first part of the Senate agreement.

Seven Democrats and seven Republicans signed the pact last month pledging not to filibuster judicial nominees except in extraordinary circumstances. At the same time, they agreed to oppose attempts by GOP leaders to change filibuster procedures.

The third prong in the agreement was to end the filibusters of Owen, Brown and Pryor, virtually guaranteeing their confirmation in the Republican-controlled Senate.

It takes 60 votes to bypass a filibuster. In July 2003, Republicans were able to get only 53 votes for the state attorney general. In November 2003, they were able to get 51 votes for Pryor and 53 votes for Brown. The two have been stuck since then.

The Senate is anxious to move on to considering energy legislation and spending bills instead of taking up Bush's other appellate nominees including Henry Saad, William Myers, William Haynes and Brett Kavanaugh.

Those nominees were not guaranteed confirmation votes in the centrist agreement, and Democrats are expected to try and block all of them.

Frist said Tuesday he wasn't shirking a fight over those nominations. "As they come out of committee, we're going to bring them to the floor," he said.

But Myers' nomination already is pending in the full Senate, and the others have yet to get a vote in the Senate Judiciary Committee. North Carolina judge Terrence Boyle is the only name expected to be voted on by the committee todya.

--Information from the Washington Post was used in this report.

[Last modified June 9, 2005, 01:18:46]