Sunday, March 17, 2002

First Punch in the Revived Bench-Tipping Brawl


WASHINGTON, March 16 — The confirmation battle over Judge Charles W. Pickering Sr. signals an escalation in the long-running partisan and ideological fight between presidents and senators over the shape of the federal courts.

In a show of strength, Senate Democrats defeated the Pickering nomination this week and put in motion a carefully designed strategy of selective delay in hopes of persuading President Bush to be more moderate in future judicial choices.

Under this approach, Senator Patrick J. Leahy, the Vermont Democrat who is the chairman of the Judiciary Committee, is moving quickly on those of Mr. Bush's judicial nominees the Democrats deem to be moderate to fend off criticism that they are blocking the president's choices.

At the same time, nominees who are regarded as highly conservative are being deferred indefinitely.

Even if it was unspoken, the message was clear that Democrats were ready to take the same approach in the likely event that Mr. Bush has the opportunity to nominate at least one Supreme Court justice.

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