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Democrats in Senate Block Bush Nominee

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Times Staff Writer

Senate Democrats have escalated their battle with President Bush over his picks for the federal judiciary, blocking action Thursday on a conservative from Alabama and planning a similar filibuster against a judge from Los Angeles.

The partisan standoff has left in limbo the nominations of Alabama Atty. Gen. William H. Pryor Jr. and Los Angeles Superior Court Judge Carolyn B. Kuhl -- both chosen by Bush for the federal appellate bench.

Pryor, nominated in April to the U.S. 11th Circuit Court of Appeals, based in Atlanta, has been waiting for Senate action a relatively short time compared with some of Bush’s nominees.

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Kuhl, for example, was first nominated in June 2001 to the U.S. 9th Circuit Court of Appeals, based in San Francisco.

On Thursday, Republicans fell seven votes short of the 60 they needed to force action on Pryor. Only two Democrats -- Sens. Zell Miller of Georgia and Ben Nelson of Nebraska -- joined all 51 Republican senators in voting to break the filibuster.

The 53 to 44 tally mirrored several votes earlier this year that failed to end filibusters against two of Bush’s other judicial nominees -- Washington lawyer Miguel Estrada and Texas Supreme Court Justice Priscilla R. Owen.

Opponents attacked Pryor as a vehement foe of abortion rights and said his views were out of the legal mainstream. His supporters said he was being unfairly tarred because of his Roman Catholic beliefs.

Sens. Barbara Boxer and Dianne Feinstein of California voted with their party to continue the stalling action on Pryor. They also plan to support a filibuster against Kuhl, who worked in the Justice Department in the Reagan administration.

Boxer, in a floor speech, denounced Kuhl’s record as “far to the extreme right,” saying that as a judge and attorney she had undermined rights for women and minorities and opposed the labor and environmental movements.

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The Senate showdown on Kuhl had been scheduled for today. But Thursday, the vote was delayed until September, after the Senate’s summer break.

Boxer and Feinstein were especially irate that, despite their opposition, Senate Republican leaders wanted a vote on Kuhl. In recent times, the Senate has generally deferred to the views of home-state senators on judicial nominations.

Kuhl, however, has a long list of supporters, including scores of California judges. Advocates called her highly qualified and decried the Democratic filibusters against her, Pryor, Estrada and Owen.

Sen. Trent Lott (R-Miss.), saying that he voted for many of President Clinton’s nominees despite his opposition to their judicial views, said the Senate should “find a way to do the right thing on these judges.”

Bush has had success moving other judicial nominees through the Senate. According to the Justice Department, the Senate has confirmed 38 Bush nominations this year, in addition to 100 confirmed in 2001 and 2002.

Currently, 55 nominations are pending before the Senate -- 17 for appellate courts and 38 for trial courts.

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