The New York Times
February 15, 2005

Bush Renominates as Judges 7 Whom Democrats Blocked

By CARL HULSE
 

 

WASHINGTON, Feb. 14 - President Bush on Monday formally renominated seven federal appeals court candidates who were blocked by Senate Democrats in his first term, and that sets the stage for a test of the strength of the expanded Republican majority.

In a batch of nominations, Mr. Bush also sent back without comment the names of five other choices for federal appeals courts whose nominations were slowed by Democratic resistance over their backgrounds and records.

With their added numbers in the Senate, Republicans are optimistic that they will be able to confirm the choices this year.

"I'm hopeful that Democrats will work with me to get up or down votes on each nominee," said Senator Bill Frist, the Tennessee Republican who is majority leader.

Dr. Frist called the candidates excellent choices. He is threatening to force a change in Senate rules should Democrats continue to block votes on the nominations.

Democrats did not appear to give much ground on Monday.

"The president is at it again with the extremist judges," said Senator Harry Reid, the Nevada Democrat is the minority leader.

Mr. Reid said the Senate had made clear its position on the seven nominees.

"We should not divert attention from other pressing issues facing this nation to redebate the merits of nominees already found too extreme by this chamber," he said.

Mr. Reid and other Democrats said they expected to hold firm against the nominees.

Senator Arlen Specter, the Pennsylvania Republican who is chairman of the Judiciary Committee, has said the four Senate seats that Republicans gained in November, splitting the chamber, 55 to 45, could enable Republicans to assemble the 60 votes needed to break filibusters against at least some candidates.

Democrats filibustered against 10 appeals court candidates in the last few years. Three of those nominees withdrew. The renominated people are Justice Janice R. Brown of California, Judge Richard A. Griffin of Michigan, Judge David W. McKeague of Michigan, William G. Myers III of Idaho, Justice Priscilla R. Owen of Texas, Judge William H. Pryor Jr. of Alabama and Judge Henry W. Saad of Michigan.

Those whose nominations were slowed but not filibustered are Judge Terrence W. Boyle of North Carolina, Thomas B. Griffith of Utah, William J. Haynes II of Virginia, Brett M. Kavanaugh of Washington and Judge Susan B. Neilson of Michigan.

Republicans said they hoped Democrats would interpret their losses in November as a sign of public opposition to fights over judicial nominations. "The American people sent a strong message on Nov. 2 against the obstructionist tactics that, unfortunately, we saw all too often in the past four years," said Senator John Cornyn, Republican of Texas.