Southwick's record as a state appeals court judge in Mississippi drew opposition from traditionally left-leaning groups who warned Democrats that his confirmation could mean consequences on Election Day.
"We regard this as a test," said Eleanor Holmes Norton, the delegate for the District of Columbia and a member of the Congressional Black Caucus.
"This vote for Leslie Southwick is a vote against the dignity and safety of our families," said Joe Solmonese, president of Human Rights Campaign.
But supporters of Southwick's nomination said the choice was rightly decided on his qualifications, not the turbulent history of the Fifth Circuit.
President Bush said the Senate's confirmation was a victory for the judicial system, and he called for confirmation of his other federal court nominees.
"Judge Southwick is a man of character and intelligence who will apply the law fairly. I appreciate the Senate's approval of his nomination," Bush said.
For Bush and the GOP, Southwick's confirmation is a rare victory in a Democratic-led Congress ahead of what may be a tough election year. Particularly sweet for Republicans was the pivotal role played by Senator Dianne Feinstein, a California Democrat who sided with Republicans on the Judiciary Committee and voted to give Southwick an up-or-down vote on the Senate floor. Another bonus for the party out of congressional power: eight Democrats and one independent joined Feinstein in voting to confirm Southwick.
Democrats who voted for confirmation are Daniel Akaka of Hawaii, Robert Byrd of West Virginia, Kent Conrad and Byron Dorgan of North Dakota, Feinstein, Tim Johnson of South Dakota, Blanche Lincoln and Mark Pryor of Arkansas, and Ben Nelson of Nebraska. Senator Joe Lieberman, a Connecticut independent, also voted yes.
The nomination tested a fragile agreement in the Senate to block Bush's judicial nominations only in "extraordinary" circumstances. Some Democratic opponents said Southwick's writings, combined with the troubled racial history of the circuit, met the amorphous standard; however, Feinstein disagreed.
