Washington Post
May 16, 2006
By Shailagh Murray and Charles Babington
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Some Republicans think a renewed push to put conservative judges on the federal bench is among the best political fights they can pick these days, but they have suffered a double setback recently that has cooled the enthusiasm in many circles.
Yesterday a conservative coalition held a conference call with journalists, hoping to breathe new life into the appellate court nomination of Terrence W. Boyle. Numerous GOP senators have been notably quiet about Boyle.
Boyle, a federal district judge in North Carolina, has been waiting for a confirmation vote to the Richmond-based 4th Circuit appellate court since 1991, and Senate Majority Leader Bill Frist (R-Tenn.) can call for such a vote whenever he chooses. But Boyle, who has a comparatively high rate of being reversed by higher courts, has drawn strong Democratic opposition, and the long wait has not helped.
Salon.com recently raised allegations of a conflict of interest in Boyle's stock holdings. Conservative activists have grown frustrated at what they consider a lackluster bid by the White House and others to refute the charges, a task that has fallen mainly to Boyle's former law clerks.
The Committee for Justice, a group that backed the Supreme Court confirmations of Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr., hosted yesterday's conference call in hopes of drawing more attention to the law clerks' letters of support. But Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) has indicated he is looking for a more comprehensive and objective response to the Salon.com report.
Senate Democrats also appear to be spoiling for a fight over Mississippi lawyer Michael B. Wallace, Bush's choice for a vacancy on the U.S. Court of Appeals for the 5th Circuit. The American Bar Association last week unanimously rated Wallace "unqualified," the first such vote in almost a quarter-century. Wallace has yet to have a hearing before the Judiciary Committee, but some Republicans are wincing at the ABA announcement.
The one bright spot for conservatives is White House staff secretary Brett M. Kavanaugh, nominated for the Court of Appeals for the D.C. Circuit. Senate leaders plan a vote next week, and Democrats agree they cannot block him.