U.S. Sen. Robert C. Byrd, D-W.Va., voted to confirm Leslie Southwick to the 5th U.S. Circuit Court of Appeals.
U.S. Sen. Jay Rockefeller, D-W.Va., voted against the confirmation, which prevailed 59-38.
Based in New Orleans, the circuit is over the federal district courts of Mississippi, Louisiana and Texas.
The Associated Press covered the confirmation vote for Southwick, who faced objections from "Democrats who said he wasn't sensitive enough to the region's history of race relations."
"Southwick's record as a state appeals court judge in Mississippi drew opposition from traditionally left-leaning groups who warned Democrats that his confirmation could mean consequences come Election Day," AP reported. "But supporters of Southwick's nomination said the choice was rightly decided on his qualifications -- not the turbulent history of the 5th Circuit."
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