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3 Democrats Join Senate Panel In Approving a Criticized Judge
The New York Times ^ | 5/23/02 | David Stout

Posted on 05/23/2002 11:47:49 AM PDT by GeneD

WASHINGTON, May 23 — A federal district judge who has been criticized for some of his rulings and for his membership in an all-male club was endorsed for an appeals court post today. The approval came after three Democrats on the Senate Judiciary Committee gave President Bush's nominee their support.

The nomination of Judge D. Brooks Smith for the United States Court of Appeals for the Third Circuit, in Philadelphia, now goes to the full Senate, where a heated debate is likely.

In the vote today, the nominee got all nine Republican votes. Since the committee has 10 Democrats, he needed to pick up at least one for his name to go to the full Senate. He actually got three, Joseph R. Biden of Delaware, John Edwards of North Carolina and Herb Kohl of Wisconsin.

Judge Smith's critics complain, among other things, that he has often been reversed by higher courts and that he has too often sided against plaintiffs in job-discrimination and age-discrimination cases.

But Judge Smith has been supported by many Democrats as well as Republicans in Pennsylvania. Before becoming a federal judge he served on a Pennsylvania state court. Before that, he was an assistant district attorney and served as a special prosecutor in an organized-crime investigation.

The issue of his membership in the all-male Spruce Creek Rod and Gun Club first arose in 1988, when President Ronald Reagan nominated him for a federal district judgeship. Judge Smith pledged to try to change the male-only policy of the club, but his foes say he did not try very hard, and that he only quit the club in 1999, after a vacancy on the Third Circuit came up.

Judge Brooks was 36 when he became a district judge in 1988, making him one of the youngest federal jurists in the country.

Senator Kohl did not comment on his vote today. Senator Edwards said he thought the judge would apply the law regardless of his personal views, while Senator Biden said he did not have enough reasons to vote against the President's choice.

The Democrats control the Senate, 50 to 49, with one independent, James Jeffords of Vermont. Thus, having picked up three Democrats today, Judge Smith would seem to have a good chance of being confirmed for the appeals courts.


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: dbrookssmith; edwardswatch; georgewbush; herbkohl; joebiden; johnedwards; moose
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To: Baseballguy; *Edwards Watch
Thanks for the ping, Bbguy!
Indexing to Edwards Watch...

Edwards Watch:
Articles relating to NC Senator John Edwards
(esp. regarding his Senate duties and upcoming campaign for President in 2004)
To add to this list, type *Edwards Watch
in the "To:" field.
To view articles on this list, click the link above.

21 posted on 05/23/2002 12:51:09 PM PDT by Constitution Day
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To: Coop; Trueblackman
I can imagine a compare/contrast ad we can run about how Bush Sr. treated David Duke's run for governor in 1991 and how the Dems treated Robert Byrd after his "white n-----" commetns on Fox News...

Maybe the AARLC can use this... :-)

22 posted on 05/23/2002 1:10:05 PM PDT by hchutch
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To: Miss Marple
The dems can afford to back off........the media will continue on with the crusade to destroy the president, even if it means destroying the country too.
23 posted on 05/23/2002 1:50:52 PM PDT by OldFriend
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To: OldFriend
I think they will need another scalp by Labor Day to keep their base fired up. I think they will bork Estrada, and filibuster Smith.
24 posted on 05/23/2002 2:24:59 PM PDT by hchutch
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To: hchutch
Perhaps they hope that no one will be paying attention......we shall see.

If Daschle gives up his plan to run for President I believe he will do EVERY evil thing in his power to thwart the President.

25 posted on 05/23/2002 3:40:01 PM PDT by OldFriend
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