Senate OKs Judicial Nominee Brown

56-43 Vote Ends Two-Year Confirmation Effort By GOP

(AP)  The Senate on Wednesday confirmed California judge Janice Rogers Brown for the federal appeals court, ending a two-year battle filled with accusations of racism and sexism and shadowed by a dispute over Democratic blocking tactics.

The 56-43 vote to confirm Brown to the U.S. Circuit Court of Appeals for the District of Columbia followed an agreement, reached last month, that averted for the time being a showdown between Republicans and Democrats over the filibustering of President Bush's judicial nominees.

Immediately following Brown's confirmation, the Senate began voting on ending a filibuster of former Alabama Attorney General William Pryor — the last of the three nominees Democrats agreed to clear in exchange for Republicans not banning the stalling tactic.

By clearing the filibusters of Brown, Pryor and the now-confirmed U.S. Appeals Court Judge Priscilla Owen, the Senate would have taken care of the first part of the Senate agreement.

Seven Democrats and seven Republicans signed the pact last month pledging not to filibuster judicial nominees except in extraordinary circumstances. At the same time, they agreed to oppose attempts by GOP leaders to change filibuster procedures.

The third prong in the agreement was to end the filibusters of Owen, Brown and Pryor, virtually guaranteeing their confirmation in the Republican-controlled Senate.

It takes 60 votes to bypass a filibuster. In July 2003, Republicans were able to get only 53 votes for the state attorney general. In November 2003, they were able to get 51 votes for Pryor and 53 votes for Brown. The two have been stuck since then.

After clearing Brown and Pryor — and maybe a couple of other less noncontroversial nominees — the Senate will move on to considering energy legislation and spending bills instead of taking up Bush's other appellate nominees including Henry Saad, William Myers, William Haynes and Brett Kavanaugh.