Although Sen. Trent Lott’s fawning words at Strom Thurmond’s 100th birthday celebration have received more publicity than Lott would have preferred, Democrats on the Judiciary Committee have given the retiring senator a more much costly gift—a federal appeals court promotion for Dennis Shedd, one of Thurmond’s former staffers.

Democrats recognized that Republicans, who regained control of the Senate this week, would have the votes to confirm Shedd when they returned. Rather than wait for Republicans to act on their own nominations, however, the cowardly Democrats presented the retiring senator with a gift much more valuable to him—and harmful to Blacks—than words that were later retracted.

Democrats concocted a stealth plan to confirm Shedd and another nominee, Michael McConnell, but make it appear as though they were against the nominations. Judiciary Committee member Patrick Leahy (D-Vt.) called for a committee voice vote and quickly declared that the “ayes” had carried.

To cover their tracks, the seven Democrats present for the vote—Leahy; Herb Kohl and Russell Feingold of Wisconsin, Dianne Feinstein of California, Richard Durbin of Illinois, Maria Cantwell of Washington and John Edwards of North Carolina—asked that their votes be recorded against the nominations. In addition, Senators Edward M. Kennedy of Massachusetts and Charles Schumer of New York, who were not present, left instructions for their votes to be recorded opposing the two selections.

Joseph Biden of Delaware was conveniently absent at the time of the votes and did not leave a recorded vote. Had Biden voted against the nominations, Democrats could have prevented them from moving to the floor for a vote. However, once out of committee, both Shedd and McConnell were easily confirmed by the full Senate.

Because of Trent Lott’s failure to be named Senate majority leader in this Congress, the nomination of Charles Pickering Sr., a Right-wing judge from Mississippi, to become elevated to an appeals court, is considered dead. Because of the controversy created over Lott’s praise of Thurmond’s 1948 presidential campaign on the Dixiecrat ticket, Bush is unlikely to nominate Pickering a second time.

Had Biden not taken a walk when it was time to vote and if Leahy hadn’t been so eager to please Republicans, Shedd would still be awaiting Senate confirmation. In this new environment, his appointment would not be a certainty. But because of timid Democrats, Shedd, whose 11-year record at the district level was hostile to civil rights, will now become a member of the U.S. Court of Appeals for the Fourth Circuit.

As a district judge, Shedd heard more than 40 employment discrimination cases. He granted summary judgment for the employer in almost every case, meaning the case never went to trial. However, when five White male plaintiffs brought suit, four of them were permitted to go to trial.

In this instance, Democrats—particularly Joseph Biden—sold us down the river. Will they do it again?

The next major test will be the nomination of Terrence Boyle, a protégée of Jesse Helms, who is also seeking a seat on the same appeals court. The Fourth Circuit covers the states of North Carolina, South Carolina, Virginia and Maryland. Although it has more African-Americans than any other circuit, it is already the most conservative court in the nation.
Because home state senators are allowed the courtesy of deciding if a nominee from their state is presented to the Senate, Helms was able to block the proposed nominations of two African-Americans from North Carolina, U.S. District Judge James Beaty and Appellate Court Judge James Wynn.

The all-White appeals court was not desegregated until 2000, when President Clinton appointed Roger Gregory of Virginia to the bench during a Senate recess. When there were 10 judges on the Fourth Circuit Court of Appeals, Helms complained that it did not need any more judges. But now that there are 12 judges, he wants to Senate to add his Far-Right protégée.

It’s not that Boyle is merely tainted by his association with Helms—he is a poor judge.
For example, when White voters challenged the makeup of Rep. Mel Watts’ district, Boyle ruled without holding a trial that the district had been drawn primarily for racial reasons. The U.S. Supreme Court ruled 9-0 that Boyle had decided incorrectly.

When the case was sent back to Boyle for a trial, he again ruled that Watts’ district was drawn for racial purposes. And the Supreme Court again overturned him. There are many other examples of his being reversed by the conservative appeals court that he seeks to join.

The Democrats failed to show any backbone on the Shedd nomination. If they follow that same path with Boyle, they will no longer deserve our trust or our votes.