Republicans have taken to the Senate floor to defend the merits of a long-stalled judicial nominee as their leaders decide whether they will disrupt the chamber’s business if Democrats do not allow a vote on the nomination.
Sen. Russ Feingold, Wisconsin Democrat, put a weeklong hold on the nomination of Mississippi Judge Leslie Southwick to the 5th Circuit Court after objections were raised over a pair of legal opinions that Judge Southwick joined while serving on the Mississippi Court of Appeals.
“It will be a dark and sad day for the Senate … if Mr. Southwick is not confirmed,” said Sen. Thad Cochran, Mississippi Republican. “It’s unthinkable.”
Judge Southwick is popular in his home state, where he has participated in more than 6,000 cases and written 985 opinions over 12 years on the state court of appeals.
He is also a veteran of the Iraq war, volunteering in 2002 to serve after receiving an age waiver despite being 53 years old at the time.
Republicans have temporarily withdrawn Judge Southwick’s nomination while Pennsylvania Sen. Arlen Specter, the ranking Republican on the Judiciary Committee, and other lawmakers try to win support from Democrats on the committee.
However, senior Republican aides tell The Washington Times that Mr. Specter is willing to join an effort led by Senate Minority Leader Mitch McConnell, Kentucky Republican, that would stall parts of the Democratic legislative agenda through the summer if the Southwick nomination does not go to a vote on the Senate floor.
“We’d rather have the accomplishment than a fight,” said Don Stewart, spokesman for Mr. McConnell. “But we’re willing to have the fight if we have to.”
Democrats responded by saying Republicans have already attempted to obstruct a number of bills. “When it comes to obstructing, the Republican leadership is the best in the business,” said Jim Manley, spokesman for Senate Majority Leader Harry Reid, Nevada Democrat.
Mr. Manley said the Senate is not blocking the nomination and that Democrats have held votes on nominees at a higher rate than under the previous Republican majority.
Some Democratic lawmakers and outside groups oppose Judge Southwick’s nomination because of two previous state court decisions Mr. Southwick joined. One decision awarded child custody to a heterosexual father over the child’s bisexual mother. In another case, Judge Southwick concurred with a ruling that a state employee should not be fired for using a racial slur against blacks, although the judge wrote that the slur was “always offensive” and “inherently and highly derogatory.”
“In the face of his overwhelmingly good record, how can a man be denied confirmation on the basis of that situation?” Mr. Specter asked on the Senate floor earlier this week.
Mr. Specter has often worked to reach bipartisan compromises over judicial nominees, but staffers say he would be willing to support a more combative strategy if Democrats will not compromise on the Southwick nomination.
“This is important enough,” said one Senate Republican aide with knowledge of the discussions between Mr. Specter and other lawmakers. “He knows Southwick is overwhelmingly qualified. Otherwise, Specter wouldn’t be willing to make such an effort to support him.”
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