Panel Loses a Fight Over Appointee

A federal appeals court ruled Thursday that a conservative Cleveland lawyer appointed by President Bush to the U.S. Commission on Civil Rights should take his seat on the panel, reversing a lower court decision.

The appointment of Peter Kirsanow has been fought by independent commission Chairwoman Mary Frances Berry and a majority of commission members, who have refused to allow Kirsanow to participate in commission meetings in recent months. The appointment of Kirsanow would shift the commission’s makeup from a 5-2 split that generally favors Berry to a 4-3 split, with one vacancy.

A spokeswoman for Berry said the commission is studying the possibility of appealing the case to the U.S. Supreme Court. Observers said they would be surprised if the commission did not follow through with an appeal.

The panel investigates civil rights complaints and publicizes its findings, though it has no enforcement power. Berry and the commission were heavily critical of Florida Gov. Jeb Bush for his administration’s handling of the 2000 presidential election won by his brother.

“The Bush administration is firmly committed to protecting civil rights for all Americans, and the Court of Appeals ruling will now allow the civil rights commission to move beyond the question of membership to get to the important business before it,” Bush spokesman Ari Fleischer said Thursday.

Berry said through her spokeswoman that the commission was pleased to have the statute interpreted by the courts and not the White House.

Kirsanow plans to attend and participate in the next commission meeting May 17, said his attorney, Robert Kelner.

“Up to now, he has attended but not sought to participate,” said Kelner.

Bush appointed the conservative Kirsanow to replace Victoria Wilson, an ally of Berry. Berry and a liberal majority of the eight-member panel contend that Wilson was appointed to a six-year term in 2000. Wilson’s attorney, Leon Friedman, said he was discussing options with his client.

The Bush administration contended that Wilson’s term expired Nov. 29 at the end of the term of the commissioner she replaced--the late Judge A. Leon Higginbotham Jr.