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Dem Opposition to Pickering Could Help GOP in Mississippi

By Robert B. Bluey
CNSNews.com

October 29, 2003

(CNSNews.com) - Republicans in Washington, D.C., are hoping to capitalize politically in Mississippi on any attempt by Democrats to block the nomination of Mississippi federal judge Charles W. Pickering, Sr., whose confirmation vote is expected to come days before Mississippi's gubernatorial election.

Both candidates in the November 4 governor's race support Pickering's nomination to the 5th U.S. Circuit Court of Appeals, but with the tightly contested race less than a week away, Republicans are hoping to give their candidate a boost by highlighting the Democrats' obstructionism.

A poll conducted last week for the Associated Press and the Jackson (Miss.) Clarion Ledger showed former Republican National Committee Chairman Haley Barbour with a five-point advantage over incumbent Democrat Gov. Ronnie Musgrove. The poll, which included 623 likely voters, had a margin of error of plus or minus 4 percentage points.

Even though Pickering has faced opposition from liberal Senate Democrats, he remains popular in Mississippi. Political observers said his nomination hasn't been a factor in the governor's race, but they acknowledged that Barbour would probably benefit if Democrats blocked his confirmation.

"If the Democrats derail [Pickering], then it further solidifies our argument that the Democrats have lost touch with the mainstream of American thought - in particular, the southeastern United States," said Mississippi Republican Party Chairman Jim Herring.

Senate Republicans plan to bring up Pickering's nomination this week, and then proceed with votes on four other judicial nominees who have met resistance from Democrats. If the Republicans are unable to confirm the nominees, they could attempt to change Senate rules by requiring a simple majority instead of the 60 votes that are currently needed to cut off debate.

President Bush used part of his Tuesday press conference to urge Senate confirmation of Pickering and other judicial nominees, and Bush is scheduled to make a campaign stop in Mississippi this weekend on behalf of Barbour.

Pickering has endured one of the most prolonged confirmation fights in the Senate. He was first nominated in May 2001, but he never made it out of the Judiciary Committee, which was then controlled by Democrats. Bush re-nominated him after Republicans won control of the Senate.

Prior to serving as a federal trial court judge, Pickering was active in Mississippi as chairman of the state Republican Party and president of the Southern Baptists, in addition to holding several positions in the legal arena.

"His reputation is different here than how he has been portrayed in Washington," said Richard Forgette, chairman of the University of Mississippi's political science department. "He has broader support in Mississippi than on Capitol Hill."

Liberal Democrats in the Senate leading the opposition have criticized Pickering's record on civil rights, and in particular, a cross-burning case he handled. But conservative groups like the Committee for Justice, which defends Bush's judicial nominees, have rebutted those arguments in a recently released a television commercial and other advertisements.

Sean Rushton, the group's executive director, said Democrats would be wise not to block Pickering's nomination, especially with Mississippi voters heading to the polls next week.

"If national Democrats are seen as the reason why Pickering is brought down or permanently obstructed, a lot of people, I think including Ronnie Musgrove, believe that will be the difference," Rushton said. "The Senate Democrats may vote not to confirm Charles Pickering, then a few days later, the voters of Mississippi may vote not to confirm Ronnie Musgrove."

Musgrove's campaign downplayed the potential impact. Spokesman Andrew Poag said the governor hasn't wavered in his support for Pickering. And even though he disagrees with Senate Democrats, Poag said it was merely a difference of opinion.

"The governor believes Judge Pickering has developed an impressive resume throughout his years of service and deserves confirmation in the U.S. Senate," Poag said. "We don't think it will have an effect on this election because the governor supports him, and there's never been a question of that."

Barbour's campaign didn't return a call seeking comment, but Forgette said the candidate has tried to trump Musgrove by appearing as the bigger supporter of Pickering.

Marty Wiseman, director of the Stennis Institute of Government at Mississippi State University, said he wouldn't be surprised if Barbour tried to take advantage if the Democrats decided to block Pickering's confirmation.

"It's possible that if the Democrats are able to thwart it, that Haley Barbour, as skillful as he is, could take it and gain a few votes from it," Wiseman said.

Forgette added: "Anything that might sway some undecided votes could make a difference in the campaign. On the other hand, the issues that Mississippi voters are casting their votes on are really more specific to Mississippi than a Senate confirmation proceeding."

Wiseman and Forgette also said that even if the Pickering nomination were to be blocked this week, it might be too late in the campaign to have an impact on either candidate.

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