Henderson Vows to Fight to Protect Judiciary
Feature Story by Julie Fernandes - 11/14/2002
Today, the Senate Judiciary Committee voted to approve the nominations of Dennis Shedd to the U.S. Court of Appeals for the Fourth Circuit and Michael McConnell to the Tenth Circuit."Dennis Shedd and Michael McConnell are the latest examples of President Bush's blatant campaign to pack the federal judiciary with individuals whose views are far outside America's mainstream," said Wade Henderson, Executive Director of the Leadership Conference on Civil Rights. "Regardless of the outcome of the election, there is no presidential mandate for a right-wing judiciary. The LCCR opposed these nominees before the election because of their record and stated views. We oppose them now because their records remain unchanged. Their approval by the Senate Judiciary Committee is a blow to the interests of civil rights and civil liberties."
In an unusual move, both Shedd and McConnell were voted out of committee on a voice vote, which normally indicates consensus. After a spirited debate around whether Shedd should be confirmed, with numerous Democrats expressing grave reservations about Shedd's record on civil rights, Chairman Leahy called for a voice vote, and ruled that the "ayes" had carried.
However, all seven of the Democratic Senators present for the vote -- Sens. Leahy (D-VT), Kohl (D-WI), Feingold (D-WI), Feinstein (D-CA), Durbin (D-IL), Cantwell (D-WA) and Edwards (D-NC) -- asked that their votes be recorded as "nay." Senators Charles Schumer (D-NY) and Edward Kennedy, who were not present for the vote, also asked that their votes be recorded as "nay." The only Democratic Senator who did not have a recorded vote on the Shedd nomination was Joseph Biden (D-DE). With nine Senators voting "nay," the vote could have been close enough to prevent Shedd's nomination from moving to the floor.
The McConnell vote went more quickly. After limited discussion, Leahy called for a voice vote and ruled that the "ayes" had carried. Only two Senators appeared to ask for a recorded vote: Senator Durbin asked for his "nay" vote to be recorded, and Senator Edwards asked that his "aye" vote be recorded. The easy vote in favor of McConnell's confirmation was a serious blow to the civil rights and women's rights communities.
"Senators who voted to confirm Dennis Shedd and Michael McConnell sent a clear signal to women, racial minorities, workers, and consumers across America that their voices will not be heard," said LCCR's Henderson. "The message is that nominees who are hostile to civil rights, women's rights, and Congress's authority to protect those rights, will get lifetime appointments where they can limit or even roll back progress on civil rights and civil liberties."
"At LCCR we will continue to fight to ensure that individuals confirmed to the federal courts are committed to the protection of equal opportunity, individual rights, and fundamental freedoms. We know the American people want moderate federal judges who will fairly interpret the law based on judicial precedent and common sense --not judges with a right-wing agenda who will decide cases that will undermine civil rights protections for all Americans."
