To: LindyBill who wrote (15425 ) 11/6/2003 8:44:33 PM From: Brian Sullivan Respond to of 793804 Ask you you shall receive: The Rev. Al Sharpton implored Senate Democrats yesterday not to filibuster President Bush's nomination of California Supreme Court Justice Janice Rogers Brown to the nation's second-highest federal court. Stage Set for Judge Brown Filibuster By David G. Savage Times Staff Writer WASHINGTON -- California Supreme Court Justice Janice Rogers Brown won the approval of the Senate Judiciary Committee on a 10-9 party line vote today, setting the stage for another Democrat filibuster of one of President Bush's nominees to the U.S. appellate courts. Republicans hailed her life as an American success story. She was born a sharecropper's daughter in the segregated South and rose to prominence after working her way through law school in California, they noted. She also speaks with a "golden eloquence" about basic rights, such as the right to own and develop property, said Sen. Larry Craig (R-Idaho). "Private property should be sacred in our society," he said. "I believe that's what the justice was saying." He was referring to a series of speeches that Brown gave in which she denounced government as "insatiable" and said the federal courts had succumbed in 1937 by upholding the New Deal. Democrats took turns lambasting Brown as too extreme to deserve a lifetime seat on the U.S. Court of Appeals for the District of Columbia. "It's hard for me to imagine a judge with such hostility to government sitting on that court," said Sen. Dianne Feinstein (D-Calif.), noting that its cases typically involve challenges to government regulations on the environment, workers' rights and anti-trust enforcement. "Her views are so starkly out of the mainstream of American thought," Feinstein said. In the past year, Feinstein's stand on judges has been a key indicator as to whether the Democrats will seek to block a Bush nominee. She broke ranks with the Democrats and voted in favor of Bush nominees such as Jeffrey Sutton of Ohio. He was confirmed to the appeals courts in Cincinnati. But when Feinstein has joined all her fellow Democrats in opposing a Bush nominee in the committee, the Democrats have blocked a final vote on the Senate floor. Sen. Orrin G. Hatch (R-Utah), chairman of the committee, told reporters after today's vote that Democrats "are virtually certain to filibuster" Brown's nomination in the full Senate. Also today, Republicans failed to break a Democratic filibuster of Alabama Atty. Gen. William Pryor. Only 51 senators voted to end the debate on his nomination, well short of the needed 60. So far, 168 of President Bush's judicial nominees have been confirmed by the Senate, giving him a better record than most recent presidents at this point in his term. However, the Democrats have targeted Bush's appeals courts candidates, who they say are too conservative. So far, four have been blocked: Washington lawyer Miguel Estrada, who withdrew his nomination; Mississippi Judge Charles W. Pickering; Texas Supreme Court Justice Priscilla Owen and Pryor. Los Angeles Superior Court Judge Carolyn Kuhl is also awaiting a final vote on the Senate floor.latimes.com