Democrats - suggesting racism by Sen. Orrin Hatch, R-Utah - snatched an apparent victory from Hatch Thursday.
Using their rights under Senate Judiciary Committee rules, Democrats blocked a vote that likely would have killed the nomination of Asian-American Bill Lann Lee as the nation's top civil rights law enforcer.The vote has been delayed a week. But the Senate is expected to adjourn for the year before then. That may allow President Clinton to make Lee a temporary "recess appointment" as the assistant attorney general in charge of the civil rights office without a Senate vote.
Hatch declared war on Lee and Clinton earlier, saying he would oppose Lee, an NAACP lawyer, because he misconstrues civil rights laws in ways to push racial-preference programs despite recent court bans and restrictions.
Democrats and civil rights leaders responded with press conferences and statements accusing Hatch and other GOP leaders of apparent racism by not supporting a Chinese American.
For example, Sen. Barbara Mikulski, D-Md., said, "I don't think the U.S. Senate should be a forum for attacking Chinese Americans."
And Sen. Patrick Leahy, D-Vt., ranking Democrat on the committee, said, "What you have here is a handful of white males sitting on the Senate Judiciary Committee saying this Asian-American is not qualified, even though he's one of the most qualified people to come forth."
Also, audience seats normally reserved for staff were instead packed at the committee meeting Thursday by Democrats with members of the House Black Caucus; Asian-American Rep. Patsy Mink, D-Hawaii; and civil rights leaders such as Jesse Jackson and NAACP director Kweisi Mfume to reinforce their point.
Democrats also warned Hatch and Republicans that they may be driving a racial wedge between Americans for not supporting Lee.
"We have enough divisions in this society," Sen. Russ Feingold, D-Wis., told Hatch. "This will open a new wound. This is potentially a very negative symbol."
Hatch responded, "It is a matter of principle that I have based my decision on, and I would appreciate the benefit of the doubt by my colleagues."
He said opponents on the debate about affirmative action programs should not accuse each other of racism simply because they disagree.
"I have to tell you, one of the major issues in this country that isn't going away is, `Do we prefer one group over another and why?' I think it's gone far enough," Hatch said.
"I don't think anyone on this committee deserves to be impugned" for such views, he said.
Hatch was sensitive enough to allegations of racism that he even released to the press a long list of civil rights legislation he has pushed through the years for women, the disabled, Hispanics and other minority groups.
While Democrats said Republicans had made "scurrilous" attacks against Lee so that he needed more time to respond to them, Sen. Fred Thompson, R-Tenn., said the only scurrilous attacks he saw were those accusing Hatch and other Republicans of racism.
Sen. Jeff Sessions, R-Ala., said, "What this is about is what (are) civil rights, and do we treat people equally. When we give one person an advantage because of the color of his skin, another is disadvantaged because of the color of his skin."
Despite the delay Democrats pushed against the vote on Lee, Hatch and Republicans still allowed unanimous committee endorsement of 15 judges and two other Justice Department nominees.