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Senate Strip-Search.(ISSUES & INSIGHTS)(EDITORIALS)

Investor's Business Daily

| August 04, 2003 | COPYRIGHT 2003 Investor's Business Daily, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Law: President Bush will be lucky to get any of his appointees onto the federal bench by the end of his first term. Too bad for him? No, too bad for you.

When it comes to federal judgeships, Senate Democrats have a long list of people they don't like. Texas Judge Priscilla Owen. Washington lawyer Miguel Estrada. Mississippi Judge Charles Pickering. California Judge Carolyn Kuhl.

Now, add to that list Alabama Attorney General William Pryor.

Pryor, you see, became only the latest of President Bush's nominees to the federal court to be rejected by the Democrats.

But since they didn't have the votes to do it, they used the filibuster. It takes 60 votes to end a filibuster, but just 51 to approve a judge. To Democrats, the math was compelling.

On Friday, Pryor lost in a 53 to 44 vote. Two Democrats, Zell Miller of Georgia and Ben Nelson of Nebraska, voted with the GOP.

What's distressing isn't that Democrats might object to a nominee. That's perfectly legitimate and reasonable. But in the past, whether a potential judge was conservative or liberal wasn't the key issue.

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