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U.S. Senate Clears Way for Confirmation of Judge Janice Brown (Bloomberg, 6/07/05)

The U.S. Senate voted to limit debate on the nomination of California Supreme Court Justice Janice Rogers Brown to be a federal appellate judge, clearing the way for her confirmation tomorrow.

Senators voted 65-32 to limit debate on Brown, President George W. Bush's nominee to the U.S. Court of Appeals for the D.C. Circuit in Washington.

``It's been nearly two years since President Bush first nominated Justice Brown as a federal judge,'' said Senate Majority Leader Bill Frist, a Tennessee Republican. ``Why? Because of an orchestrated campaign of destruction that denied her that up-or-down vote until now.''

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AP Analysis: Brown may leave "black seat" on state Supreme Court (DAVID KRAVETS, June 7, 2005, AP) --

Janice Rogers Brown's looming departure from the California Supreme Court is handing Gov. Arnold Schwarzenegger his biggest judicial appointment since taking office in an unprecedented recall election two years ago.

And even though the idea of a "black seat" runs counter to Brown's rulings against affirmative action and racial quotas, legal scholars say Schwarzenegger is probably seriously considering replacing the court's most conservative member, and only black, with another black judge.

While Brown would likely stay through September to resolve the cases she's already heard, Schwarzenegger doesn't have much time to make his decision known. The Senate on Tuesday ended a two-year filibuster of Brown, clearing the way for a final confirmation vote, likely Wednesday, to the U.S. Court of Appeals for the District of Columbia.

The stakes are high in terms of Schwarzenegger's legacy: His pick will join a court that is the final arbitrator over disputes involving California law, possibly including a looming lawsuit over same-sex marriage.

While judicial temperament and political background are sure to factor in the search, some legal scholars say race is also important.

Absent Brown, the court would be left with a white woman, an Asian woman, two white men, and an Asian man and an Hispanic man. The court consists of six Republicans, one Democrat and is moderately conservative under Chief Justice Ronald M. George, a white Republican.