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Bush will probably re-nominate Owens

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STORY: Breaking hundreds of years of Senate tradition, George W. Bush is expected to re-nominate controversial Texas Supreme Court Justice Pricilla Owen to the Fifth U.S. Circuit Court of Criminal Appeals when the new Congress convenes next week.

The Senate Judiciary Committee rejected Owens last September.

There has never been a judge rejected in one congress for an appellate seat who has then been re-nominated by a president in the next congress.

In response, yesterday a diverse coalition of over 30 citizen rights organizations representing thousands of Texans sent Bush a letter opposing the possible nomination.

One of the letter's signatories is Texans for Public Justice. Director Craig MacDonald explains his group's position:

"If Bush wants to nominate Republican judges that's fine. But those judges ought to hold to the mainstream of American values, and we believe Owen is outside that mainstream - that's she's been a radical right winger on the Texas court and would bring some radical activist views to the Fifth Circuit."

The letter cited Owen's frequent dissenting opinions from decisions made by her conservative colleagues on the all Republican Texas Supreme Court, including those appointed by Bush as governor.

MacDonald says the letter indicates opposition to Owens is not against all Republican nominees:

"The Democrats in our organizations are not being obstructionists against Republicans. We're trying to stop extremists from gaining lifetime appointments to the federal courts."

If made, Owen's nomination is expected to be approved by the newly organized senate judiciary committee on which Republicans will have a one- or two-seat majority. Any opposition from Democrats will have to come in the form of a filibuster.

If Owens is appointed to the fifth circuit she will become one of 80 most powerful judges in the country, in a juristiction encompassing more minorities than any other federal circuit. The fifth circuit is the last stop for cases before they reach the US Supreme Court.

E-mail Renee Feltz at chickpea_@ziplip.com .

This story was broadcast on January 3, 2003.