President Invites Judges Controversy as New Session Begins
Feature Story by Ritu Kelotra - 1/21/2004
Months after senators endured a 40-hour debate that culminated in the defeat of three highly controversial judicial nominees, President Bush sidestepped the confirmation process last week and recess appointed nominee Charles W. Pickering, Sr. to the U.S. Court of Appeals for the Fifth Circuit. The move by President Bush came after the Senate had defeated Pickering's confirmation twice before.More than 100 civil rights, workers' rights, women's rights, individual rights, environmental rights, and civil liberties groups have opposed Pickering's confirmation since President Bush nominated him for the first time in 2002. Pickering's opponents maintain that he has a troubling record on civil rights. Further, the Fifth Circuit, which covers Mississippi, Texas, and Louisiana, has the largest percentage of people of color of any circuit in the country.
According to many organizations, President Bush's decision to place Pickering on the Fifth Circuit was an affront to the civil rights movement, especially since the announcement was made only hours before the Martin Luther King Jr. holiday weekend.
"Pickering's enmity to the civil rights sought by Dr. King should not be rewarded by the elevation to any federal court of appeal, much less the Fifth Circuit," said Nancy Zirkin, deputy director of the Leadership Conference on Civil Rights. "Pickering's appointment raises the question of how serious a commitment the President has to the enforcement of many of the laws that Dr. King helped to bring about."
To date, the Senate has confirmed 169 of President Bush's judicial nominees, leaving the lowest vacancy rate on the federal bench in 13 years.
As the second session of the 108th Congress begins, President Bush's actions have re-opened old wounds over highly controversial nominees.
In addition to Pickering's recess appointment, President Bush on January 20 re-nominated highly controversial judge Claude Allen to the U.S. Court of Appeals for the Fourth Circuit. Allen, who is also opposed by many organizations, was given a partial "not qualified" rating from the American Bar Association.
Reports also indicate that President Bush will soon re-nominate Brett Kavanaugh to the D.C. Circuit. Kavanaugh also faces significant opposition, particularly for his work with independent counsel Kenneth Starr, whose investigation led to the impeachment of President Bill Clinton in 1998.
