Democrats plan to take one last shot at blocking one of President Bush's judicial nominees while they still control the Senate, hoping to defeat the promotion of a former aide to retiring Sen. Strom Thurmond.

The Senate set aside most of Monday to debate the appeals court nomination of U.S. District Judge Dennis Shedd. While under its current Democratic control, the chamber has only debated an appeals court nominations when party leaders wanted to kill it.

Shedd is a former assistant to the 99-year-old Thurmond, who will retire in January. Thurmond, R-S.C., has asked for Shedd's promotion to the 4th Circuit Court of Appeals in Richmond, Va., before he ends his 48-year Senate career.

Democratic senators and liberal groups have criticized Shedd's ruling as a trial judge, saying he has been insensitive in civil rights and employment discrimination cases.

Republicans say Shedd has been a fine judge and lawyer, and should be confirmed as a retirement favor to Thurmond, the oldest and longest serving member of Congress.

None of Bush's judicial nominees has been voted down in the full Senate, although two were stopped in the Judiciary Committee.

The GOP takes control of the Senate when the 108th Congress convenes in January. Republican leaders say they will reconsider the two appeals court nominees that the committee voted down this year.

Liberal groups were incensed Thursday when the Judiciary Committee approved Shedd's nomination on a voice vote, the first time the panel has done that for a Bush appeals court nominee. Democrats control the committee 10-9, and could have killed the nomination for the year if all Democrats had officially voted against Shedd.

But outgoing committee Chairman Patrick Leahy, D-Vt., ruled that Shedd's proponents won the voice vote and didn't force a recorded vote.

The panel also approved Utah professor Michael McConnell for the 10th U.S. Circuit Court of Appeals in Denver by voice vote, over objections by groups opposing his outspoken opposition to abortion. The full Senate completed his confirmation Friday night without debate or a roll call vote.

The actions upset liberal activist groups.

"We are very disappointed that senators who voted for Judge Shedd were unable to put the interests of the American people, whom they were elected to serve, over their personal affection for a retiring colleague," said Nan Aron, president of the Alliance for Justice.

Wade Henderson, executive director of the Leadership Conference on Civil Rights, said: "Senators who voted to confirm Dennis Shedd and Michael McConnell sent a clear signal to women, racial minorities, workers and consumers across America that their voices will not be heard."

The Senate has confirmed 99 of Bush's first 130 federal court nominations.

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I suppose the very first sentence of his bio is one thing.

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Dennis W. Shedd

Appointed by President George H.W. Bush to the United States District Court for South Carolina in 1990, Dennis W. Shedd has served as a federal jurist for more than a decade following nearly twenty years of legal practice and public service. Judge Shedd graduated Phi Beta Kappa from Wofford College in 1975, received a juris doctor from the University of South Carolina in 1978, and received a Masters of Laws from Georgetown University in 1980.

From 1978 through 1988, Judge Shedd served in a number of different capacities in the United States Senate including Counsel to the President Pro Tempore and Chief Counsel and Staff Director for the Senate Judiciary Committee. Upon leaving the Senate staff in 1988, Judge Shedd became of counsel in the firm of Bethea, Jordan & Griffin while simultaneously maintaining his own Law Offices of Dennis W. Shedd.

From 1989 to 1992, Judge Shedd was an adjunct professor of law at the University of South Carolina. While serving in his current capacity as a United States District Court Judge for the District of South Carolina, Judge Shedd has been a member of the Judicial Conference Committee on the Judicial Branch and its subcommittee on Judicial Independence. Judge Shedd is actively involved in community activities in his home of Columbia, South Carolina including his participation helping to organize and promote drug education programs in the local public schools.

Senator grills Shedd on abortion views

By Audrey Hudson
THE WASHINGTON TIMES

Circuit Court nominee Judge Dennis W. Shedd faced tough questioning yesterday by a Senate panel, including one Democrat who threatened to vote against the candidate's confirmation unless he detailed his views on abortion.

     The South Carolina district judge was nominated by President Bush to the 4th Circuit Court of Appeals. He declined to state his abortion views, saying it would require his recusal in future court hearings on the issue.
     "I will not do anything but apply the law," Judge Shedd said in response to questions from Sen. Charles E. Schumer.
     Mr. Schumer said he would resubmit specific questions to be answered in writing. "That is not acceptable to get my vote," the New York Democrat said.
     Judge Shedd, a former staffer for the Senate Judiciary Committee, fielded numerous questions from that same panel on a court case involving the flying of the Confederate battle flag over the statehouse dome. However, Judge Shedd never reached the merits of the issue.
     Sen. Herb Kohl, Wisconsin Democrat, accused Judge Shedd of downplaying the importance of the issue.
     "These people turned to the government for a fair hearing, and it sounds like you were minimizing its importance," Mr. Kohl said.
     In a complaint brought by white plaintiffs, Judge Shedd said he questioned their constitutional claim that the flag should be removed because it was offensive.
     "I did not make light of the constitutional claim," Judge Shedd said. "A lot of things are controversial; during Vietnam some thought the American flag was controversial. I said it was not a strong enough theory that just because it's controversial, it's unconstitutional."
     Sen. Orrin G. Hatch, Utah Republican and ranking member, said there is a "repugnant attempt to smear Judge Shedd by taking his words entirely out of their context with regard to the neuralgic issue of the Confederate flag."
     "Judge Shedd never addressed the merits of the Confederate flag issue. Instead, he stayed the federal case to permit a parallel state action to go forward," Mr. Hatch said.
     Judge Shedd's nomination is opposed by women's organizations and the South Carolina Conference of the National Association for the Advancement of Colored People, who say he is hostile to civil rights issues.
     However, Sen. Ernest F. Hollings, South Carolina Democrat, said the information used by "ladies groups and NAACP is hearsay" and unfounded.
     "Judge Shedd is my kind of judge — hard and tough, but hard and tough on both sides," Mr. Hollings said. "He has an outstanding record of sound judgment."
     The NAACP's statement that Judge Shedd had "a deep and abiding hostility to civil rights" was a "breathtaking charge," Mr. Hatch said.
     "I have to tell you I was outraged by this. It is a distortion far beyond the pale of decency and I hope my colleagues will be quick to repudiate such rabid practices," Mr. Hatch said.
     "In part, I am outraged because there are some who would profile Judge Shedd as merely a white male from the South and start from there to give him a certain treatment," Mr. Hatch said.
     Republicans say Democrats are engaging in a pattern of character assassination by portraying Mr. Bush's judicial nominees from the South as racists.
     Judge Shedd's other home-state senator, 99-year-old Strom Thurmond, made a rare appearance and statement to support the nominee, who worked for the South Carolina Republican for 10 years.
     "Judge Shedd possesses the highest sense of integrity, a thorough knowledge of the law and a good judicial temperament," said Mr. Thurmond.
     "He is a man of impeccable character and will make an outstanding addition to the federal appellate bench."

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