The Senate Judiciary Committee on Thursday narrowly approved the nomination of an Idaho attorney to the San Francisco-based U.S. 9th Circuit Court of Appeals, despite vigorous opposition from environmentalists and tribal organizations.
All 10 Republicans on the panel voted in favor of William G. Myers III, a longtime lawyer for the mining and cattle industries, while all nine Democrats voted against him -- setting the stage for a filibuster when the nomination reaches the Senate floor. The timing of that vote has not been set.
In the last three years, the Senate has confirmed more than 170 of President Bush's judicial nominees. In six instances, however, Democratic lawmakers have blocked the nominations from coming to a floor vote. Each time a filibuster was successful, all of the committee Democrats had voted against the nominee.
However, Myers is the first controversial nominee in recent years to come under attack for his record on environmental, rather than social, issues.
Part of the reason is that the 9th Circuit has jurisdiction over nine Western states -- Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington -- and considers more important environmental cases than any other federal appeals court.
Republicans long have been critical of the court for what they say is a liberal bent. For example, they have charged that the 9th Circuit judges are overly protective of endangered species.
Nearly every prominent environmental group in the nation, including Earthjustice, the Sierra Club and the National Wildlife Federation, is opposed to the nomination.
"Mr. Myers has so firmly established a public record of open hostility to environmental protections as to undermine any contention that he could bring an impartial perspective to the issues of wildlife and natural resource conservation," the National Wildlife Federation said in February.
Myers' nomination also is opposed by tribal, civil rights, labor and women's groups.
But Sen. Orrin G. Hatch (R-Utah), chairman of the Judiciary Committee, took exception to the critics Thursday. He said the 48-year-old Myers "has been unfairly criticized for daring to represent farmers, ranchers and miners ... as if those who make economic uses of Western lands are less entitled to representation than the liberal environmental groups that attempt to dictate Western land policy."
