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October 10, 2002 9:00 a.m.
Will Bush Battle Leahy?
The president gets ready for another fight over judges.

'm not changing my philosophy," George W. Bush told a group of Senate Judiciary Committee Republicans at a quickly arranged White House meeting Wednesday. "I'm going to send [the Senate] judges I agree with."



  

The president was meeting with GOP senators in response to the latest flare-up in the ongoing battle over judicial nominees. On Tuesday, Judiciary Committee chairman Patrick Leahy reneged on a promise to Sens. Strom Thurmond, Orrin Hatch, and others that he would hold a vote on federal appeals court nominee Dennis Shedd. Leahy's blocking action, made apparently at the behest of civil-rights groups which oppose Shedd, left the nomination in limbo and Republicans — including George W. Bush himself — fuming. "He's outraged," says one administration source of the president. "It's pretty obvious what's going on. Senator Leahy didn't want to upset the liberal interest groups by approving someone they disagree with."

The guest list in the White House Cabinet Room told the senators that the issue had moved up on the administration's priority list. Not only was the president there, but also Vice President Dick Cheney, White House chief of staff Andrew Card, top political adviser Karl Rove, and others. "This was a big deal," says one source. Although the president expressed his anger at the treatment of Shedd and fellow nominees Charles Pickering, Priscilla Owen, Miguel Estrada, and others, it is not clear whether the group discussed specific measures to strike back at Leahy.

Earlier in the day, White House spokesman Ari Fleischer soft-pedaled the issue, saying only that the meeting had been called to discuss the "troubling developments" in the Shedd nomination. But Fleischer hinted at the president's anger when he made it clear Bush did not intend to talk with Leahy. Asked, "Why isn't he inviting Democrats?...Wouldn't that help actually get something done, if he could talk to Leahy?" Fleischer responded, "I think the problem lies on that side, and the president is going to talk to Republicans about how to find solutions to it."

"Has he thought about talking to Senator Leahy?" the reporter asked.

"I think Senator Leahy expressed his message yesterday when he failed to uphold a commitment that he, himself, made to Senator Thurmond," Fleischer answered.

Meanwhile, on Capitol Hill, the issue spilled onto the Senate floor when Republican senators interrupted the Iraq war resolution debate to denounce Leahy. Part of the anger was personal. Shedd, who is now a U.S. District Court judge in South Carolina, is a former top aide to Thurmond and chief counsel of the Judiciary Committee in the 1980s. On Wednesday, the 99 year-old Thurmond made a rare floor statement — perhaps his last as a senator — denouncing Leahy. "Chairman Leahy violated committee rules and removed the nomination of Judge Shedd from the agenda," Thurmond said. "I am hurt and disappointed by this egregious act of destructive politics. Chairman Leahy assured me on numerous occasions that Judge Shedd would be given a vote. I took him at his word."

The Democratic response came not from Leahy but from Assistant Majority Whip Harry Reid. "We understand that Senator Thurmond is disappointed," Reid began. But Reid said the committee had received "hundreds of letters" from African-American and other groups opposed to Shedd. "Senators are taking those concerns seriously and being thoughtful and deliberate in reaching their own conclusions," Reid said.

Not enough, responded Hatch. "We operate under the presumption that a senator's word is as good as gold," Hatch told the Senate. "Senator Leahy promised me and all of these others, and I think it's fair to say the entire Republican caucus expected a vote on Judge Shedd." His voice rising, Hatch continued: "All we were asking for is a vote — just a stinking, solitary vote. If they want to vote him down, they can do that."

What happens next is not clear. On Tuesday, Hatch and other senators invoked a little-used rule to demand a special meeting of the Judiciary Committee. Leahy has three days to respond, but Republicans who have studied the rule say that the chairman can easily ignore the request if he chooses. And even if Leahy agrees, there is little hope that he would allow a vote on Shedd. So it appears that, barring some unforeseen development, Dennis Shedd, nominated on May 9, 2001, will have to wait until 2003 for his next chance to win the Judiciary Committee's approval.

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