upporters of Alabama Attorney general Bill Pryor fell seven votes short today in the Senate in their effort to have the controversial nominee appointed to the federal Circuit Court.

   It was the third unsuccessful attempt this week for Republicans to confirm candidates submitted by the Bush White House. Pryor attracted only 53 out of the 60 votes needed. The Senate is split with 51 Republicans, 48 Democrats and one independent, Sen. Jim Jeffords of Vermont. Only two Democrats broke ranks for Pryor; they were Sens. Zell Miller of Georgia and Ben Nelson of Nebraska.

   It was a bitter defeat for President Bush. Critics accuse Bush of trying to "pack" the federal court system with ideologically sympathetic judges who would tend to vote against abortion rights, civil liberties legislation and state-church separation. Yesterday, Republicans also lost a seventh filibuster vote over the battle to confirm District of Columbia attorney Miguel Estrada to the DC Circuit Court of Appeals. Opponents say that Estrada has evaded answering questions regarding his position on major cases during his confirmation process. They also lost in their third attempt on Tuesday to name Texas judge Priscilla Owen to a seat on the 5th U.S. Circuit Court.

   The battle over Pryor's nomination touched on issues ranging from the prospective appointee's religious beliefs to his possible involvement in questionable fund raising activities. Democrats charged that Pryor supporters, including Senate Judiciary Committee Chairman Orrin Hatch (R-Utah) were trying to rush the nomination before a full investigation could be completed. Others expressed concern over statement Pryor made on abortion rights, same-sex marriages and First Amendment issues such as display of religious icons on government property and group prayer at public events.

   Republicans fired back that much of the opposition to Pryor was based on anti-Catholic animus, particularly on the touchy issue of abortion. Sen. Rick Santorum (R-PA.) told fellow lawmakers last night during debate, "This litmus test that is being applied is ultimately ... a religious one."

   Sen. Diana Feinstein (D-Calif.) denied the charges, calling them "false, baseless and offensive" and "beneath the dignity of a Senate committee tasked with making very important decisions on the future of the federal judiciary."

   There is some question of whether or not this seals the fate of Bill Pryor and other nominees the Democrats have filibustered. So far, opponents -- mostly Democrats -- have succeeded in blocking three of President Bush's most controversial selections, including Mr. Pryor. They deny, though, charges of procedural obstructionism, pointing out that they have confirmed 140 other White House candidates to fill seats in the judiciary.

SJC NOD DELAYED ON PRYOR NOMINATION: SPECTER MAY BE SWING VOTE
(Web Posted: July 14, 2003)

he Senate Judiciary Committee last week postponed a vote to confirm key Bush administration nominee and Alabama Attorney General Bill Pryor to the 11th U.S. District Court of Appeals.

   The move is fueling speculation that Pryor's appointment could be in jeopardy even though Republicans dominate the SJC by a razor-thin 10-9 margin. A key swing vote may be GOP Pennsylvania Sen. Arlen Specter, who has told reporters that he is still undecided about the controversial candidate.

   "I'm thinking about it," Specter told Associated Press. "I've got two big stacks of paper on my desk -- one for and one against..." He added that he has important ideological differences with Mr. Pryor over issues like gay and abortions rights, "But I've never applied a litmus test on a Supreme Court nominee..."

   A growing coalition of advocacy groups is working to oppose Pryor for his positions on everything from civil liberties and state-church separation to the environment and rights for women. Pryor has spoken out against the recent U.S. Supreme Court ruling that overturned a Texas law penalizing gay sex acts between consenting adults. In a brief filed with the high court on behalf of Alabama, Pryor compared homosexuality to "prostitution, adultery, necrophilia, bestiality, possession of child pornography and even incest and pedophilia."

   State-church separationists point to Pryor's shabby record on First Amendment issues and question his fitness to serve on the federal bench.

   Pryor has been an ardent defender of "Ten Commandments Judge" Roy Moore, who after being elected Alabama's Supreme Court Justice ordered a two-ton granite monument of the Decalogue installed in the state's Judicial Building. A federal panel of the 11th Circuit recently upheld a District Judge's finding that the monument was unconstitutional and should be removed. Even before this, however, Pryor was using his office to defend Moore who, as an Etowah County judge, displayed a hand-carved plaque of the Commandments in his court and allowed clergy to conduct invocations prior to jury selection.

   During a Judiciary Committee hearing last month, Specter was unrelenting in questioning Pryor concerning his proposals to overturn ROE v. WADE and ban abortion, void the Family Leave Act, and even repeal part of the historic 1964 Civil Rights Act.

   President Bush nominated Pryor for the lifetime seat on the Circuit Court last April. Since then, Pryor has emerged as what pundits are describing as one of the administration's "most controversial pick" for the federal bench. Bush has won confirmation approval for 133 of 189 appointees on the U.S. District and Circuit Appeals courts, but there have been fierce battles over a number of nominees including Charles Pickering, Priscilla Owen and Miguel Estrada.

   White House stalwarts have failed repeatedly to line up the necessary 60 votes to end the Senate filibuster against Estrada whom Bush wants on the U.S. Circuit Court of Appeals for the District of Columbia. A graduate of Harvard Law School, he served in the Justice Department during the George H.W. Bush and Bill Clinton administrations. While he is touted as an example the current Bush administration's commitment to diversity and civil rights, opponents note that Estrada managed to dodge questions during his appearance in front of the Judiciary Committee on important issues such as abortion.

   Priscilla Owen has faced opposition, too, for her rulings while on the Texas state court where she sought constantly to impose restrictions on abortion. Even a fellow justice, Alberto Gonzales who is now a White House Counsel, tasked Owen for basing her decisions on personal religious beliefs rather than the constitution.

   Bill Pryor is just the latest Bush appointee worrying civil libertarians. Like Owen, he has spoken out against ROE v. WADE, and described legal abortion as "the worst abomination in constitutional law and history," a decision which he insists "has led to the slaughter of millions of innocent unborn children."

   Equally disturbing has been his involvement with the legal defense of Justice Roy Moore. In 1997, Pryor spoke at a Ten Commandments rally in front of the Alabama State Capitol and told participants, "God has chosen, through his son Jesus Christ, this time, this place for all Christians -- Protestants, Catholics and Orthodox -- to save our country and save our courts."

   Ellen Johnson, President of American Atheists, says that Pryor's own record raises serious questions about his nomination.

   "Pryor's harsh views on civil rights, tolerance and especially the separation of church and state should call into question his fitness to hold an important position on a Federal Circuit Court.

   "His nomination by President Bush is part of a strategy to 'pack the courts' and undermine important constitutional protections, especially the First Amendment."

APPEALS COURT STRIKES ALABAMA TEN COMMANDMENTS DISPLAY
(Web Posted: July 1, 2003)

three-judge panel of the 11th U.S. Circuit Court of Appeals today affirmed a ruling by a federal judge that a 2-/1/2 ton granite monument of the Ten Commandments placed in the Alabama Judicial Building violated the constitutional separation of church and state.

   The decision is the latest in an on-going legal dispute dating back two years when state Chief Justice Roy Moore used his authority as "leaseholder" over the building to have the washing machine-size display erected in the building's foyer. That move fulfilled a campaign promise Moore had made while seeking the state's highest judicial post. As an Etowah County judge, Moore garnered national attention for openly displaying a hard-carved plaque of the Commandments above his dais, and opening the daily judicial proceedings with a clergy-led Christian prayer.

   The controversy established Moore as a hero to many religious groups, and a leading figure in the "culture war" disputes over the practice of religion in the public square.

   "If we adopted his (Moore's) position," the judges wrote in today's decision, "the chief justice would be free to adorn the walls of the Alabama Supreme Court's courtroom with sectarian religious murals and have decidedly religious quotations painted above the bench.

   "Every government building could be topped with a cross, or a menorah, or a statue of Buddha, depending on the views of the officials with authority over the premises."

   Moore had defended placement of the commandments display, arguing that it served the function of "depicting the moral foundation of our law."

   "This monument will serve to remind the appellate courts and judges of the circuit and district courts of this state, the members of the bar who appear before them, as well as the people who visit the Alabama Judicial Building, of the truth stated in the preamble of the Alabama Constitution, that in order to establish justice, we must invoke 'the favor and guidance of Almighty God.'

   The 11th Circuit decision also noted that Moore "denied an atheist group's request to display a symbol of atheism in the rotunda."

   The court also observed that "The location of the monument in the rotunda of the Judicial Building makes it impossible for anyone using the stairs, elevators, or restrooms to avoid it. Everyone going to the state law library in the building has to walk past the monument," including those who might not share the religious beliefs of Chief Justice Roy Moore.

   More information about this decision, and a contrary ruling in Pennsylvania, will follow in the next AANEWS.

LEGAL FIREWORKS EXPECTED AS PRYOR NOMINATION HEADS TO SENATE JUDICIARY COMMITTEE
(Web Posted: June 10, 2003)

he battle over President Bush's campaign to reshape the federal judicial system will heat up again this week as hearings begin on Capitol Hill over the appointment of controversial nominee and Alabama Attorney General Bill Pryor.

   In April, Mr. Bush named Pryor to the 11 U.S. Circuit Court of Appeals, a lifetime position. Congressional approval is still needed, however, and groups backing or opposing Pryor are now attempting to round up votes. A key hurdle to his ascent to the federal bench is Wednesday's hearing before the Senate Judiciary Committee.

   Pryor has taken what critics describe as extreme positions on a numbers of key issues including abortion rights, the role of the federal courts, and the separation of church and state. He is known as an ardent supporter of Alabama Chief Justice Roy Moore who has gained national attention for his efforts to display the Ten Commandments in court rooms and even the rotunda of the state Judicial Building. And in his official capacity as Alabama's leading law enforcement official, Pryor attended a 1997 "Save the Commandments" rally on the steps of the state capitol and told a crowd of 5,000 Moore supporters, "God has chosen, through his son Jesus Christ, this time, this place for all Christians -- Protestants, Catholics and Orthodox -- to save our country and save our courts." Mr. Pryor's strident rhetoric "offends virtually every constituency in the country," one pundit told a New Washington reporter. Even so, Pryor enjoys wide support in the Senate including endorsements from Sen. Orrin Hatch (R-Utah) who has been steering the nomination through the confirmation process, and former boss Sen. Jeff Sessions (R.-Ala.). Christian fundamentalist groups and legal advocacy organizations like the American Center for Law and Justice are also urging Pryor's confirmation to the federal bench. Indeed, as head of Moore's legal team defending the placement of the Judicial Building Commandments monument, Pryor enlisted the assistance of Herb Titus, an ACLJ official who has also served as head of Regent University School of Law founded by televangelist Pat Robertson.

   Jay Sekulow, Chief Counsel of ACLJ described Pryor as "an exceptional nominee who will serve with distinction on the appeals court."

   "He is extremely bright, experienced and committed to ensuring that the constitution and the rule of law will be protected and faithfully applied," Sekulow wrote in a statement now on the Business Wire. "Bill Pryor deserves a full and fair hearing in the Senate."

   Sekulow, Robertson and other religious right leaders are also backing Pryor for his support in a legal case involving so-called "student led" prayer in public schools. That issue, where students presumably organize and recite prayers during events ranging from official athletic events to graduation ceremonies, continues to divide the federal courts.

   Pryor has been a vocal supporter of groups like Pat Robertson's Christian Coalition which maintains an active presence in Alabama politics.

   In 1999, he told a Coalition meeting that he agreed with the "vision of Pat Robertson" in establishing the American Center for Law and Justice as an alternative to the ACLU. Pryor refers to the latter at "the Anti-American Civil Liberties Union." In addition to appointing Herb Titus to the legal team defending Judge Moore's unconstitutional Commandments display, he went so far as to appoint ACLJ's Sekulow as Deputy Attorney General of Alabama. The two collaborated in the school prayer case, and Pryor even described the unusual relationship as a "model for public officials to join forces with champions of religious freedom."

   Critics have warned that Pryor's statements may reflect an unstable judicial temperament. In 1997, he told the Wall Street Journal: "For more than 30 years, the liberal agenda has been pushed through the courts, without a vote of either the people or their representatives. The courts have imposed results on a wide range of issues, including racial quotas, school prayer, abortion and homosexual rights. Those issues belong in Congress and the state legislatures."

   In addition, Pryor has urged repeal of mainstream legal protections, including portions of the Voting Rights Act (which he dismisses as "an affront to federalism.") And the prospective federal jurist has questioned the role of the Establishment Clause of the First Amendment. In written testimony submitted to the Senate Judiciary Committee in 1997, he disputed the entire doctrine of state-church separation, and asked "...will the (Supreme) Court continue to modify the errors of case law that created the so-called wall of separation between church and state?"

   Along with state-church separation groups, Pryor is being opposed by a wide range of other advocacy organizations.

   ¶       Jim Ward, president of the National Coalition for Disability Rights, calls Pryor "one of the leaders of an extreme movement to roll back federal protections." He cited a Supreme Court case where Pryor sought to limit the ability of state employees to sue for discrimination under the Americans with Disabilities Act.    ¶       Abortion rights activists point to Pryor's record as a "vehement opponent of a woman's constitutional right to choose." According to the National Abortion Rights Action League, the Attorney General "employs extreme and inflammatory rhetoric" in opposing the ROE v. WADE decision which legalized abortion rights for women. They also cite a reply Pryor made to a survey of state attorneys general, where he declared "Abortion is Murder, and ROE v. WADE is an abominable decision."

   He added that would "never forget ... the day seven members of our highest court ripped the Constitution (sic) and ripped out the life of millions of unborn children."

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