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Monday March 19 8:52 PM ET
Bush Pulls Clinton's Judge Nominees

By JESSE J. HOLLAND, Associated Press Writer

WASHINGTON (AP) - President Bush (news - web sites) on Monday officially
dumped the last of President Clinton (news - web sites)'s leftover
nominations, raising questions about the future of the first black appellate
judge in the circuit with the most minorities in the nation.

But the president left the door open that Roger Gregory, who was the first
black judge on the 4th U.S. Circuit Court of Appeals (news - web sites) in
Richmond, Va., when appointed temporarily by Clinton, could get to keep his
job.

``Some of these individuals will be considered for positions in the Bush
administration,'' White House spokesman Scott McClellan said. ``No one should
be considered ruled in or out at this point.''

Bush officially withdrew 62 executive and judicial nominations made by
Clinton in his last days, including Gregory. The 4th U.S. Circuit - comprised
of Maryland, North Carolina, South Carolina, Virginia and West Virginia -
includes more minorities than any other circuit in the nation.

``President Clinton appointed a highly qualified, well-respected lawyer in
Roger Gregory,'' said Julia Payne, the former president's spokeswoman. ``It's
clear that Roger Gregory met every qualification to be on this court except
for the right-wing litmus test.''

Clinton gave Gregory and more than 42 other nominees recess appointments
after they weren't considered by the Senate last year. But the recess
appointment only allows the nominee to serve until the end of the year, so
Clinton renominated Gregory and some other judicial candidates not considered
by the Senate Judiciary Committee (news - web sites) before he left office.

``I am disappointed that such qualified nominees, some of whom have been
waiting four years for a hearing and a vote, have been withdrawn,'' said Sen.
Patrick Leahy (news - bio - voting record), the Judiciary Committee's ranking
Democrat.

``Some of the women and minority nominees, in particular, are now left to
suffer the same frustrations as so many other qualified nominees over the
past six years.''

The decision to withdraw the Clinton judicial nominees comes as Bush starts
to look at filling the remaining vacancies with his own nominees.

White House counsel Albert Gonzales and Attorney General John Ashcroft (news
- web sites) met with top officials from the American Bar Association on
Monday to discuss the nomination process. A committee of senior
administration officials led by Gonzales has interviewed more than 50
candidates in a drive to fill nearly 100 vacancies with judges who share
Bush's conservative philosophy.

However, with the 50-50 Senate split, Democrats have more power in the
committee.

``The president's action withdrawing the nine appellate court nominees,
including the two well-qualified women from Michigan, deals a body blow to
the bipartisan cooperation needed to move forward in many critical areas,
including filling judicial vacancies,'' said Sen. Carl Levin (news - bio -
voting record), D-Mich.

Other judicial nominees whose names were withdrawn included former Iowa
Attorney General Bonnie Campbell, who wanted a position on the 8th U.S.
Circuit Court of Appeals; lawyer Enrique Moreno of El Paso, Texas, to the 5th
U.S. Circuit; Kathleen McCree-Lewis, who would be the first black woman on
the 6th Circuit if approved; prominent Honolulu attorney James Duffy for the
9th Circuit;

Also, North Carolina State Court of Appeals Judge James A. Wynn for the 4th
Circuit; Helene White, nominated more than three years ago for the 6th
Circuit; Barry P. Goode of Richmond, Calif., for the 9th Circuit; H. Alston
Johnson III to the 5th Circuit; and Sarah Wilson for the U.S. Claims Court.

Bush could always renominate Gregory and the others. Democrats say there are
94 judicial vacancies - with 29 classified as needing to be filled
immediately - and 13 more positions coming up in the future.

Democrats fought last session to get Gregory's nomination through, and when
the effort failed, cheered Clinton's decision to give him a recess
appointment.

Even though most Republicans decried Clinton's use of his recess power,
Virginia's two Republican senators, George Allen and John Warner, urged Bush
to keep Gregory on the bench.

``I urge President Bush to renominate Judge Gregory strictly on his merits
and I firmly believe we should rise above our feelings about the method by
which he was originally appointed and act in a statesmanlike manner,'' Allen
said.




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