Salazar critical of Bush nominee

M.E. Sprengelmeyer, Rocky Mountain News

Published May 4, 2006 at midnight

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Sen. Ken Salazar on Wednesday called one of President Bush's pending judicial nominees unqualified and "out of the mainstream," but he said it's too early to say whether a filibuster will be needed to block the nomination.

Senate Minority Leader Harry Reid, D-Nev., has said Democrats would attempt a filibuster - an indefinite procedural delay - to block the nomination of Terrence W. Boyle to the 4th Circuit Court of Appeals unless the president withdraws the pick.

That could put Salazar on the spot because the Denver Democrat is among the bipartisan "Gang of 14" senators who have pledged to oppose judicial filibusters except in "extraordinary circumstances."

During a weekly conference call with reporters, Salazar criticized Boyle, a federal district court judge in North Carolina.

"I don't think he's qualified to be a judge," Salazar said, adding that if Boyle were confirmed it "would be putting someone on the circuit court who is out of the mainstream."

Salazar would not say whether he had ruled out a judicial filibuster, however.

He said he has spoken with at least two Republican members of the "Gang of 14" in the past 24 hours and hopes the group can "work through the issue" as the nomination goes forward.

The bipartisan group is key to the numbers game for any filibuster.

Republicans hold 55 seats in the Senate, but it takes 60 senators to end a filibuster and to bring an up- or-down vote on a nominee.

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