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Strange judicial vote { November 14 2002 } Original Source Link: (May no longer be active)
http://www.nytimes.com/2002/11/14/politics/14CND-JUDGES.htmlhttp://www.nytimes.com/2002/11/14/politics/14CND-JUDGES.html
November 14, 2002
In Senate Panel's Vote on a Bush Nominee, No Means Yes
By NEIL A. LEWIS
WASHINGTON, Nov. 14 — The Democrats on the Senate Judiciary Committee engaged in a voting maneuver today that was so extraordinary that some of the senators themselves were unsure of what happened.
They first allowed one of President Bush's conservative judicial nominees to be approved by a voice vote. Then, one by one, all the Democrats present asked that they be recorded as having voted against the nominee, Judge Dennis W. Shedd, for an appellate court seat based in Richmond.
In effect, the Democrats arranged it so that they were recorded as voting against Judge Shedd without having made any effort to block his confirmation. The final decision will be made by the full Senate.
Many longtime Senate staff aides and lobbyists said they could not recall a similar event. The unusual turn of events came as the committee met for the last time before the Democrats must turn control over to the Republicans. And it occurred against a backdrop in which today's formal and polite remarks could barely conceal the partisan discord on the eve of a handover of power.
The committee also approved by voice vote the confirmation of Prof. Michael McConnell of the University of Utah to an appeals court seat based in Denver. But in contrast, a few Democrats asked that they be recorded as having voted in favor of Professor McConnell.
Democrats have used their slim majority on the committee to block those of President Bush's appeals court nominees who they have said are too conservative. Republicans who chafed at their inability to get all of Mr. Bush's judicial candidates confirmed were robust and confident today as they contemplated an abrupt change in the committee's output.
"I'm quite sure that things will change markedly," said Senator Orrin G. Hatch, the Utah Republican who will become the committee chairman early next year, regaining a post he held until the Republicans lost control of the Senate in the spring of 2001. "I would like things to be more civil around here."
A senior Republican staff aide was more blunt, saying that all of President Bush's nominees would be quickly confirmed and the Democrats could do little about it.
Another element that made today's meeting notable was that it was the committee's final session for Senator Strom Thurmond. The South Carolina Republican, who turns 100 years old in a few weeks, is the chamber's oldest member and is retiring at the end of the term. Senator Thurmond who has been frail for some time, seemed especially so today. He was unable to read his statement in support of Judge Shedd.
In the recent past, Senator Thurmond would read at least part of his statements before the committee but not engage in any back and forth with witnesses or colleagues. When Mr. Leahy asked Senator Thurmond if he wanted to speak, Mr. Thurmond seemed not to hear.
The Shedd nomination was, nonetheless, a tribute of sorts to Mr. Thurmond. Years before, Judge Shedd had been an aide to Mr. Thurmond and the senator complained bitterly just before Election Day that he was deeply offended that Mr. Leahy had not scheduled a vote on the nomination.
Despite the agreement on voting, several Democrats spoke forcefully against elevating Judge Shedd.
But when it came time to vote, Mr. Leahy took a voice vote and declared that those voting in favor of the nomination had won. Then, one by one, Democrats asked to be recorded as having voted no.
Liberal advocacy groups assailed the Democrats for hypocrisy.
"This was inconsistent with good government and responsible leadership," said Ralph Neas, the president of People for the American Way.
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