Senate confirms another appeals court judge

By Tom Strode - Jun 30, 2005 -

The U.S. Senate easily confirmed Thomas Griffith to the District of Columbia Circuit Court of Appeals in a 73-24 vote June 14, bringing to six the number of appellate nominees approved in a three-week period.

Griffith, general counsel at Brigham Young University, joined five previously filibustered nominees—Priscilla Owen, Janice Rogers Brown, William Pryor, Richard Griffin and David McKeague—in receiving confirmation votes since a May 23 compromise by 14 senators opened the way for floor action on some of President Bush’s appeals court selections.

It remains to be seen whether the President’s other appellate nominees will receive floor votes, however. The seven Democrats involved in the compromise committed to oppose filibusters of Owen, Brown and Pryor, but made no such promise on William Myers and Henry Saad, nominees to the Ninth and Sixth circuits, respectively. Other appeals court nominees whose fate remains uncertain are Terrence Boyle and William Haynes, both recommended for the Fourth Circuit, and Brett Kavanaugh, a choice for the D.C. Circuit.

The Judiciary Committee sent Boyle to the full Senate in a party-line vote June 16. The committee voted 10-8 for Boyle, with Republicans in the majority. Democrats have strongly criticized Boyle, and it is uncertain if they will seek to use a filibuster to block a confirmation vote on the 21-year veteran of the federal bench..

President Bush originally nominated Boyle to the Fourth Circuit Court of Appeals in 2001. He has since renominated Boyle in both 2003 and 2005. The Democrats’ delays of Boyle go back to 1991, when he was selected for the Fourth Circuit by the first President Bush. Boyle never received a hearing then, however.

As with the other filibustered nominees, abortion rights organizations have been among the leaders of the opposition.

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