President Bush Nominates William Pryor for Federal Judgeship
April, 10 2003

Alabama Attorney General Hailed by Republicans but Could Face Tough Battle for Senate Approval

By SEAN REILLY Washington Bureau

WASHINGTON -- With promises of support from across Alabama's political spectrum and the possibility of fierce opposition inside Washington's Beltway, President Bush formally nominated Alabama Attorney General Bill Pryor for a seat on the 11th U.S. Circuit Court of Appeals in Atlanta.

The move, announced Wednesday, had been expected since January, when U.S. Sen. Jeff Sessions acknowledged that the White House was considering Pryor for the post. Republicans were quick to pour on the accolades.

"He is one of the most exceptional lawyers I've ever met," Sessions, R-Mobile, said in a conference call with reporters shortly after the nomination was announced. "He has an incredible commitment to the rule of law; he does what he believes is the legally correct thing regardless of political pressure."

In a statement, Pryor said he was honored and looked for ward to the Senate confirmation process. A spokeswoman said he would have no further comment.

For the 40-year-old Mobile native, the nomination represents the next rung in an impressively rapid political climb, which some speculate is ultimately aimed at a seat on the U.S. Supreme Court.

For the moment, though, what lies ahead is a possibly grueling, hard-nosed fight to win Senate approval for the appeals court seat.

"Many of Bush's appellate court nominees have troubling records on a handful of issues," said Nan Aron, president of the Alliance for Justice, a Washington, D.C.-based coalition of liberal advocacy groups. "With Pryor's record there is something to offend virtually every constituency in the country."

A hearing before the Senate Judiciary Committee hasn't been scheduled yet, but Sessions predicted the entire process would take months. If Pryor does win confirmation, Republican Gov. Bob Riley would have to appoint a successor to fill out the balance of Pryor's term as attorney general, which ends in 2007.

Federal judicial nominations have become increasingly politicized over the last two decades, as Republicans and Democrats accuse each other of putting ideology ahead of merit. Although several experts said the odds favor Pryor's eventual confirmation, "his record will be gone over with a fine-toothed comb," said Sheldon Goldman, a University of Massachusetts-Amherst political scientist and an authority on the judicial selection process.

And there's plenty to go over. On the grounds that they need more information about his views, Democrats have been stalling the nomination of another appellate court nominee, Miguel Estrada, for more than a month now.

No such difficulties loom in evaluating Pryor, who has staked out intensely held and sometimes controversial positions covering a gamut of issues. Within hours of his nomination, potential opponents were urging the Senate to give that record a long hard look.

On the touchstone issue of abortion, for example, Pryor has made no secret of his unflinching opposition to the practice.

In a prepared statement, Aron cited his 1997 declaration that the U.S. Supreme Court decision legalizing abortion was "the day seven members of our high court ripped the Constitution and ripped out the life of millions of unborn children."

Critics have accused him of going soft on corporations that are major sources of GOP campaign cash. In the late 1990s, even some Republicans questioned his refusal to sue major tobacco companies to recover the cost to taxpayers of treating smoking-related illness. Pryor maintained that the issue properly belonged in the Legislature. Once a national settlement was reached, however, he quickly agreed to Alabama's share, which totaled more than $3 billion.

Since then, he has angered disability rights advocates by taking a case to the U.S. Supreme Court that resulted in a decision barring state employees from suing for money damages under a federal disability discrimination law.

But Sessions insisted that Pryor would keep his personal views out of the courtroom.

In the day-to-day grind of state politics, the attorney general has sometimes shown a deft touch in crossing party lines.

When newly elected Gov. Don Siegelman, a Democrat, refused to endorse a constitutional amendment to repeal Alabama's ban on interracial marriage several years ago, Pryor promptly offered his backing for the measure.

More recently, his office has helped state Rep. Alvin Holmes, D-Montgomery, in drafting a bill to ban cross- burning. Pryor was also closely involved with a Democrat- led drive to pass a package of legislation to benefit disadvantaged and troubled children.

The payoff is evident in the list of references that the White House routinely provides for federal court nominees. It includes such stalwart Democrats as Alabama Criminal Appeals Court Judge Sue Bell Cobb (an integral player on the children's legislation), former U.S. Attorney Doug Jones of Birmingham and Joe Reed, the chairman of the Alabama Democratic Conference, the state's pre-eminent black political caucus.

"I don't see him as any kind of crusader, but I do see him as a fair person and that's what we need on the bench," Reed said Wednesday, adding that he was prepared to testify on Pryor's behalf.

Another surprise supporter is Montgomery trial lawyer Jere Beasley, a former Democratic lieutenant governor who in the past has lampooned Pryor as "Little Joe Camel" for his stance on tobacco litigation.

While acknowledging disagreements on issues, "personally I have respect for the guy," Beasley said Wednesday.

Michael Gerhardt, a law professor at the College of William &Mary in Virginia, said the array of home state support would be one factor in Pryor's favor. And because the 11th Circuit Court is already considered to lean Republican, Pryor would not be seen as someone who would tip the balance, Gerhardt said.

It also remains to be seen how strongly the Alliance for Justice and other advocacy groups choose to challenge Pryor's nomination. Those decisions, which will depend heavily upon political calculations, could come in the next few weeks.

Federal appellate court judges earn $164,000 annually and can serve for life if they want. Like other appellate courts, the 11th Circuit is one step below the U.S. Supreme Court; it hears appeals from Alabama, Florida and Georgia.

If confirmed, he would fill the seat vacant since 2000 when Emmett "Rip" Cox Jr., another Mobile Republican, took semi- retired status.

Bush had originally nominated then-U.S. Magistrate Judge William Steele of Mobile for the seat in October 2001. After the Senate failed to act, however, Bush nominated Steele this January for a lower-ranking district judgeship, clearing the way to put Pryor on the appellate bench. Steele was recently confirmed.

Bob Riley's victory in last November's gubernatorial race meant that a fellow Republican would name Pryor's successor as attorney general.

Otherwise, "I'm not sure Bill would have taken the position," Sessions said.

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