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Posted on 11/19/2001 6:40:20 AM PST by mykdsmom

RALEIGH -- John Edwards is taking over the mantle as North Carolina's "Senator No."

During the Clinton administration, Republican U.S. Sen. Jesse Helms blocked the appointments of Democrats nominated to the federal bench. For the past six months, Edwards has followed suit, holding up the appointment of Republicans nominated by President Bush.

Bush nominated Judge Terrence Boyle for the U.S. 4th Circuit Court of Appeals in May. Edwards, a Democrat, has been standing in the way ever since.

With Edwards using the same privilege as the Helms and with Congress looking to adjourn next month, it is increasingly likely that North Carolina will remain without representation on the panel at least well into next year.

The 15-seat court hears federal appeals from five southeastern states and has been without a member from North Carolina since the death of Judge Sam Ervin III in September 1999.

The Senate Judiciary Committee, which holds confirmation hearings on the president's nominees, says it won't bring in Boyle or other Bush nominees who lack the support of both home state senators.

"Generally speaking, the committee is choosing to act where there is consensus between the two home-state senators," said David Carle, a spokesman for U.S. Sen. Patrick Leahy of Vermont, the Democratic-led panel's chairman.

That certainly isn't the case with North Carolina. Edwards and Helms haven't spoken directly about judicial nominations for months.

Edwards, who sits on the committee, said he isn't acting as Helms did.

"When you block people for eight years and then try to fill positions all at once, it's harder to get the right balance on the court," Edwards said. "I think those openings need to be filled in a way that properly represents the people of North Carolina."

In recent months, Edwards has been negotiating with the White House counsel's office in hopes that Bush will nominate a North Carolina judge more to his liking. Edwards said names of possible candidates were exchanged as recently as this week, though he declined to say who's on the list.

Jimmy Broughton, Helms' chief of staff, said Helms "absolutely" continues to support Boyle, the chief judge of the U.S. District Court for Eastern North Carolina.

The controversy around Boyle has lasted more than 10 years. Bush's father also nominated Boyle for the 4th Circuit in 1990. Senate Democrats controlled the Judiciary Committee at the time and decided against even holding a hearing on Boyle's nomination.

Helms went on to block every Clinton nominee to the 4th Circuit, including several who are black. Clinton pointedly accused Helms last year of thwarting his efforts to integrate the all-white panel.

Critics of Edwards say his strategy is worse.

"Trying to block a nomination happens," said Thomas Jipping of the Free Congress Foundation in Washington, a conservative group that has been critical of the Senate's pace in confirming judges. "But it's almost unprecedented to do so to force another nomination. If John Edwards wants to appoint judges, he ought to get elected president."

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