In the last two years of the Clinton administration, the Republican Senate confirmed 15 appeals-court nominees.

In the last two years of the Clinton administration, the Republican Senate confirmed 15 appeals-court nominees. Today's Democratic Senate has, so far, confirmed only three of Bush's nominees. Sen. Patrick Leahy called the Republicans' performance "unacceptable" in 2000. As chairman of the Judiciary Committee, he is largely responsible for today's much slower pace. Judge Leslie Southwick of Mississippi is the latest victim of obstruction--and slander. He is being accused of racial insensitivity because he voted with the majority in a case finding that state law did not require the firing of a state employee for using the N-word. The state supreme court affirmed that decision. He is also being accused of hostility to gay people because, in a child-custody case, he joined another opinion that used the phrase "homosexual lifestyle"--a phrase that has also been used by such noted gay-bashers as Bill Clinton and Justice Anthony Kennedy--and pointed out that the state legislature opposed gay marriage, which is true. Now Leahy is saying that it would be better if Bush put up a black nominee. So that this new nominee can get the same treatment as Janice Rogers Brown and Clarence Thomas? Control of the judiciary is at stake in the next election. In the Southwick nomination, the Republicans should find a helpful illustration of the difference between the parties.