WASHINGTON - The Democrats on the Senate Judiciary Committee engaged in an odd voting maneuver yesterday that signaled their disapproval of one of President Bush's judicial nominees even as they cleared the way for his confirmation.
They first allowed the nominee, Judge Dennis Shedd, to be approved by a voice vote. Then, one by one, each of the Democrats present asked to be recorded as having voted against him.
Senate Democratic leaders decided not to impede the Shedd nomination, and one other, in recognition that they would be approved anyway when the Republicans take over in January and to enhance their credibility when they oppose other nominees.
The Democrats' behavior means that they are all now listed as having voted against Shedd, whose 12-year tenure as a federal trial judge in South Carolina has drawn criticism from a wide range of civil rights groups. But the Democrats did not make any call for a tally of the vote - a call for the yeas and nays - that would have blocked his confirmation.
Many Senate veteran staff aides and lobbyists said they could not recall a similar occurrence. The unusual behavior concerning the vote on Shedd occurred as the committee met for the last time before the change in control. It took place against a backdrop of partisan tensions that were evident despite yesterday's formal and polite remarks.
The committee also approved by voice vote the confirmation of University of Utah Professor Michael McConnell to an appeals court seat based in Denver. But in contrast, a few Democrats asked that they be recorded as having voted in favor of McConnell and only Sen. Richard J. Durbin of Illinois asked that he be recorded as having voted against the nominee.
Democrats have used their slim majority on the committee to block those of Bush's appeals court nominees they have said are too conservative. Republicans, who chafed at their inability to get all of Bush's judicial candidates confirmed, were confident yesterday as they contemplated an abrupt change in the committee's output.
"I'm quite sure that things will change markedly," said Utah Sen. Orrin G. Hatch, who will become the committee chairman early next year, regaining a post he has held before. "I would like things to be more civil around here," he said.
A senior Republican staff aide was more blunt, saying that all of Bush's nominees will be quickly confirmed and that the Democrats can do little about it. The Shedd and McConnell nominations are expected to be approved by the full Senate.
Another historic element yesterday was that it was the committee's final meeting for Sen. Strom Thurmond, the chamber's oldest member, who will turn 100 in a few weeks and is retiring at the end of the term. The South Carolina Republican, who has been frail for some time, seemed especially so yesterday. He declined an opportunity to read a statement in support of Shedd, who is being elevated to a seat on the 4th U.S. Circuit Court of Appeals based in Richmond, Va.
The Shedd nomination was, nonetheless, a tribute of sorts to Thurmond. Years before, Shedd had been an aide to Thurmond, who complained bitterly just before Election Day that he was offended that a vote on the nomination had not been scheduled.
Durbin said in an interview that one explanation for the strange vote was that Democrats were opposed to elevating Shedd but "wanted to make an effort to give Thurmond a nominee that was important to him."
Nonetheless, several Democrats spoke forcefully against elevating Shedd.
Sen. John Edwards, a North Carolina Democrat, said that after 12 years as a federal trial judge, Shedd was unable to cite a single case "in which someone claiming to be a victim of discrimination has won."
Hatch disagreed, saying, "Any judge who has been around for 12 years will have something for someone to complain about."