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Friday, June 10, 2005


   Courts
Anti-Gay Judicial Nominee Confirmed by Senate
06.09.05

By Ross von Metzke

(Washington D.C.) — Following months of debate and harsh criticism, the U.S. Senate confirmed Wednesday the second of President Bush's judicial nominees, clearing the way for a third under a bipartisan truce certain to face even tougher tests ahead.
On a largely party-line vote of 56-43, the Republican-led Senate approved Janice Rogers Brown, a California Supreme Court justice since 1996, as the second black woman to serve on the U.S. Circuit Court of Appeals for the District of Columbia.

The vote came shortly after members of the Congressional Black Caucus arrived at the Senate to show their opposition to Brown, who they have described as a conservative who goes against host of civil rights laws and federal programs. While backers have portrayed Brown as a top-notch jurist who rules with an even hand, critics have labeled her a right-wing extremist who bends the law to meet her conservative views.

In 2003, Brown was the only justice on the California Supreme Court to rule against recognizing the rights of gay Californians to legally adopt their children. Brown argued that allowing a gay parent to legally adopt the biological child of their partner "trivializes family bonds."

The black caucus and many liberal groups also oppose another Bush nominee, William Pryor, cleared by the Senate later Wednesday for a confirmation vote on Thursday for the 11th U.S. Circuit Court of Appeals in Atlanta. A vote to end debate on Pryor was 67-32.

“Send a message that extremists are unacceptable,” black caucus chairman Rep. Melvin Watt, a North Carolina Democrat, said in opposition to Brown and Pryor. But Republicans support for the pair has been unflicnhing, with the party ruling both are highly qualified, within the mainstream and deserve lifetime seats on the federal bench.

Bush, who first nominated Brown nearly two years ago, commended the Senate for finally confirming her, adding in a statement, "Justice Brown has distinguished herself as a brilliant and fair-minded jurist who is committed to the rule of law."

Brown, Pryor and Priscilla Owen, why was confirmed by the Senate last month to the 5th U.S. Circuit Court of Appeals in New Orleans, were among 10 appeals court nominees blocked by Democrats during Bush's first term.

He re-nominated seven of them after winning reelection. Democrats helped to confirm about 200 other judicial nominees, most of them to lower courts.

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