March 24, 2006
By Ken Thomas
Associated Press
Michigan Appeals Court Judge Henry Saad has withdrawn his nomination to the federal appeals court, ending a quest to be seated on the bench amid a partisan fight over judicial appointments.
Saad, of Bloomfield Hills, was nominated to the 6th U.S. Circuit Court of Appeals three times, most recently in 2005, but a Senate agreement reached last May made no commitment to ending the filibuster blocking his nomination. He had been opposed by Democratic Sens. Carl Levin and Debbie Stabenow.
Saad, 57, informed the White House on Wednesday that he was withdrawing his nomination, said Michigan Republican Party spokeswoman Sarah Anderson. A message seeking comment was left with a White House spokesman.
Saad was one of the so-called ''Michigan Four'' whose nominations were held up by Democrats who were unhappy with the delays and treatment of President Clinton's nominees by Senate Republicans.
Under the compromise brokered by 14 senators, three of Bush's nominees _ Michigan judges Richard Griffin, David McKeague and Susan Bieke Neilson _ were cleared for confirmation. Levin and Stabenow eventually voted in favor of the three confirmed judges.
Two vacancies remain on the Cincinnati-based 6th circuit: the seat that Saad had sought and the seat of Neilson, who died in January.
A message was left with Saad's office.
Stabenow spokeswoman Angela Benander said Thursday that the senator respected Saad's decision. Levin spokeswoman Tara Andringa said the senator was traveling in Iraq and unavailable for comment.
Saad was first nominated to the federal bench in 1992 by President George H.W. Bush, but the Senate did not act before Clinton captured the White House. He was appointed to the Michigan Court of Appeals by Gov. John Engler in 1994 and won re-election to the bench in 1996 and 2002.
Saad was nominated by PresidentBush to the 6th circuit in 2001, 2003 and last year, but he never received the support of the two Democrats. A senator from a nominee's home state can block the confirmation.
Levin and Stabenow objected to Bush's nominations because former Michigan Sen. Spencer Abraham, a Republican, blocked two of the Clinton nominees: Michigan Court of Appeals Judge Helene White and Detroit attorney Kathleen McCree Lewis. White is married to Levin's cousin and waited four years for a hearing.
In a move that angered Democrats, Saad sent an e-mail to a friend in 2003 that inadvertently found its way to Stabenow. In the e-mail, Saad accused Stabenow of ''abusing the system and undermining the constitutional process'' by opposing his nomination. He added: ''Perhaps someday she will pay the price for her misconduct.''
Levin and Stabenow wrote then-White House counsel Alberto Gonzalez, saying the tone of the e-mail was highly offensive. Sen. Patrick Leahy, D-Vt., cited it as evidence that Saad has a temperament problem and bad judgment.
Leahy, ranking Democrat on the Judiciary Committee, asserted in 2003 that Saad had defended corporations from sexual harassment and discrimination lawsuits, saying he ''frequently favored employers in complaints brought by workers, even in the face of extremely sympathetic facts.''
Saad responded, saying that he was a ''fair and balanced judge who keeps an open mind on all matters, including civil rights and workers' rights.''
Michigan Republicans said Saad was well-qualified, noting he received the highest rating from the American Bar Association and had garnered the support of then-United Auto Workers President Stephen Yokich in 2001. Saad would have been the first Arab-American to serve on the 6th circuit.
Michigan GOP chairman Saul Anuzis accused Levin and Stabenow of ''shameless political payback and obstructionism to block Judge Saad's consideration by the full Senate.''
''Michigan needs representation in Washington, not partisan bickering and misplaced political paybacks,'' Anuzis said.
|
