By Thomas Ferraro
WASHINGTON (Reuters) - The Democratic-led U.S. Senate on
Wednesday confirmed a conservative southern judge to a federal
appeals court, giving President George W. Bush a rare victory
in his drive this year to put more conservatives on the
appellate bench.
By a vote of 59-38, the Senate approved Bush's long-stalled
nomination of Mississippi Judge Leslie Southwick to the 5th
U.S. Circuit Court of Appeals, drawing swift reaction from many
of those running to be elected next year to replace Bush in the
White House.
The Senate vote came shortly after 49 Republicans -- joined
by 12 Democrats and one independent -- mustered 62 votes, two
more than needed, to clear a Democratic procedural roadblock.
"The confirmation of Judge Leslie Southwick ... is a
victory for America's judicial system," said Bush, who also
called on the Senate to confirm his other judicial nominees.
Republican Sen. John McCain of Arizona interrupted a
presidential campaign trip to return to the Capitol to vote for
Southwick and take a political shot at White House challengers.
"Liberals, including the Democratic presidential
candidates, are opposing Judge Southwick because they know he
will strictly interpret the law rather than make it from the
bench," said McCain, who described the nominee as a fair-minded
judge who interrupted his career to serve in the Iraq war.
Sen. Barack Obama of Illinois, a Democratic White House
contender, also returned to the Capitol but he did so to vote
against the 57-year-old judge.
"Southwick has shown hostility toward civil rights and a
disregard for equal rights for minorities, women, gays and
lesbians," Obama said.
OPPOSED BY LIBERAL GROUPS
Former New York City Mayor Rudy Giuliani, a leading
Republican presidential hopeful, hailed Southwick's
confirmation and said, "All of the president's judicial
nominees deserve the courtesy of timely consideration and an
up-or-down vote by the United States Senate."
Democrats won control of the Senate last November,
promising to block extremist judicial nominees and demand
mainstream candidates. Bush has nominated 14 appeals court
judges since Democrats took the helm in January, with Southwick
only the fifth to win Senate confirmation.
Critics accuse Democrats of slowing down consideration of
the candidates, hoping to run out the clock on the president,
whose term ends in January 2009.
Republicans note the Senate moved far quicker on appeals
court nominees during the final two years of the previous three
presidents, confirming an average of 17.
Backers of Southwick argued he deserved to be confirmed,
pointing out he has broad support in Mississippi and had
received the American Bar Association's highest rating.
Liberal and civil rights groups opposed Southwick. They
charged that as a state appeals judge for 13 years he
consistently sided with businesses over workers and consumers.
Sen. Dianne Feinstein, a California Democrat, crossed party
lines to vote for Southwick, saying: "We have seen too much
delay and controversy over qualified nominees for too many
years."
In 2005, a bipartisan group of 14 senators reached an
accord to avert a potentially crippling showdown in the Senate
over a number of Bush's then-stalled judicial nominees.
They agreed to preserve the right of senators to raise
procedural roadblocks to stop the president's judicial
candidates but only under "extraordinary circumstances."
Sen. Ben Nelson of Nebraska, a Democratic leader of this
so-called Gang of 14, backed Southwick as did a number of
others in the group.