Judicial nominee withdraws amid Democratic criticism

Duncan Getchell, President Bush’s choice for a spot on a key appellate court, has withdrawn his nomination after his confirmation by the full Senate seemed to be in peril.

Bush nominated Getchell in September for a spot on the U.S. Court of Appeals for the Fourth Circuit, which covers Virginia, Maryland, North Carolina and South Carolina. Getchell was selected to fill one of the four seats traditionally held by Virginia.

{mosads}But the choice came under immediate criticism in Congress since Virginia’s senators, John Warner (R) and Jim Webb (D), did not recommend Getchell to the post.

By choosing Getchell, critics said Bush chose confrontation rather than cooperation with Congress for a spot on the bench. But the White House rejected that assertion, saying Getchell, a lawyer in Richmond, is highly qualified for the post.

Still, the Senate Judiciary Committee has not considered the nomination, and the prospects for his confirmation in an election-year appeared grim.

In a letter sent Thursday to the White House, Getchell acknowledged the political reality that he was unlikely to be confirmed for a lifetime seat on the bench.

“I fully recognize that there is a political component to judicial selection and so I also appreciated those who have written senators to ask that my nomination proceed to a hearing,” Getchell said. “Nonetheless, recent press reports indicate that despite the support I have received, the Senate Democratic leadership will not allow a hearing to go forward and so, after prayerful consideration, I have determined to withdraw my name from consideration.”

“It’s always disappointing when the process prevents highly qualified candidates from receiving a fair up-or-down vote,” said Emily Lawrimore, a White House spokeswoman.

In a statement, Webb said he urged the president to “seize this opportunity to nominate a candidate who can garner bipartisan support here in the Senate.”

“I know today’s decision by Duncan Getchell was a difficult one for him and his family to make,” Webb said.

In 2006, Warner and former Sen. George Allen (R) recommended Getchell to the bench. But this Congress, Warner and Webb agreed to drop Getchell’s name from a list of five prospective nominees that they asked the White House to consider.

Left-leaning critics of Getchell called him an ideologue and blasted his membership in the conservative Federalist Society. Warner issued a statement in September questioning the White House for ignoring his recommendations.