The Senate on Wednesday confirmed Judge Leslie Southwick to the federal appeals court in Mississippi despite complaints by some Democrats that decisions he supported were racially insensitive and inappropriate for a region still shadowed by civil rights struggles.
The 59-38 vote on confirmation was sealed after the nomination survived its main obstacle, a test tally moments earlier. Majority Democrats pressured by labor unions and other constituencies did not have the votes to filibuster, or block, Southwick's confirmation.
The Congressional Black Caucus warned that there would be consequences for Democrats at the ballot box.
"We regard this as a test," said District of Columbia Delegate Eleanor Holmes Norton.
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