Senate Confirms Brown for Appeals Court

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

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


Senators quickly followed by ending another long-term filibuster, clearing the way for a vote today on a 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 Mr. Pryor a final vote and confirming two Michigan nominees to other appeals court posts, senators plan to leave President Bush’s other controversial nominees dangling, moving on to other matters after devoting a month to historic but exhausting debate over judges.


Mr. Bush commended the Senate for voting to confirm Justice 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,” Mr. Bush said in a statement.


The Senate voted 56-43 to confirm Justice Brown to the U.S. Circuit Court of Appeals for the District of Columbia, and 67-32 to end the filibuster of Mr. 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.


As a bonus, the Senate today will confirm Michigan nominees David McKeague and Richard Griffin, nominated to the 6th Circuit in Cincinnati, said Majority Leader Bill Frist, a Republican of Tennessee.


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 Justice Brown, Mr. 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 Judge Owen, Justice Brown, and Mr. 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 Mr. Pryor and 53 votes for Justice 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 Mr. 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.


The New York Sun

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