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- NATION, Page 20Once More, Bench Battles
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- A Bush judicial nominee faces opposition over civil rights
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- Remember Robert Bork? Four years ago, liberal legislators
- beat back Ronald Reagan's nomination of the controversial
- conservative scholar to the U.S. Supreme Court. Now ideological
- forces are marshaling for another judicial confirmation battle.
- The focus is Federal District Judge Kenneth L. Ryskamp, 58,
- nominated by President Bush to fill a vacancy on the 11th
- Circuit Court of Appeals in Florida. The Miami jurist will face
- a rugged reception this week at Senate Judiciary Committee
- hearings, where opponents will try to block his confirmation on
- the ground that he is insensitive to civil rights.
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- The most visible issue is Ryskamp's longtime membership in
- the expensive Riviera Country Club in Coral Gables, which
- reputedly barred blacks and Jews until a bylaws change last
- summer prohibited religious and racial discrimination.
- Ryskamp's membership went unnoticed in 1986, when the Senate
- confirmed his judgeship for Florida's Southern District. Last
- week the devout Presbyterian elder resigned from the club, but
- foes were unappeased. "The federal appeals courts usually have
- the last word in civil rights cases," says Johnnie R.
- McMillian, president of the Miami-Dade N.A.A.C.P. "Elevation
- of Judge Ryskamp would reduce the President's promise of racial
- fairness to a cruel hoax." About 100 civil liberties, labor and
- Jewish organizations have written to the committee to echo that
- view.
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- The furor has as much to do with the nominee's prospective
- job as with his alleged insensitivity. The 12-member 11th
- Circuit, covering Florida, Georgia and Alabama, reversed
- Ryskamp rulings on civil-liberties issues eight times during
- his short judicial tenure. In Ryskamp's defense, Justice
- Department officials note that his civil rights record mirrors
- that of other federal judges. But that is largely a reflection
- of the fact that liberals are an "endangered species" on the
- federal bench, as Sheldon Goldman, a University of Massachusetts
- expert on the judiciary, puts it.
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- Bush has already won confirmation of 71 judicial
- appointments. Aided by a 1990 law that created 85 new seats on
- the federal bench, the President will be able to appoint about
- 200 jurists during his four-year term. That is expected to
- accelerate the shrinkage in the percentage of Democrats on the
- federal bench to about 25%. The Republican majority may include
- Ryskamp. Despite the opposition, many Senate insiders expect
- his nomination to pass muster this time around.
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