Bush still holds the nomination power for the lower federal courts and the Supreme Court. But Vermont Sen. James Jeffords' defection from the GOP strips their control of the approval of federal judges in the Senate. Already, they have shown their willingness to fight the Republican president to stop nominees they dislike. Unless Republicans take over the Senate again, Bush may be forced to pick moderate conservatives or noncontroversial candidates like his first 14 nominess for federal appeals courts. Those nominees, two of whom were Clinton-era judges, were selected largely because there were not strongly opposed.
Republicans say they are holding out hope for bipartisanship with judicial nominations.
So conservative groups are already preparing for the worst, remembering the contentious nominations hearings of Thomas, Ashcroft and failed Supreme Court nominee Robert Bork. There are about 100 lower court vacancies, and if a Supreme Court justice retires before January 2005, Bush would pick the replacement. Copyright 2001, The Associated Press. The information contained in the AP Online news report may not be published, broadcast or redistributed without the prior written authority of The Associated Press. Please read it.