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U.S. Capitol Building, file photo. REUTERS Jim Bourg

Halligan's nomination for DC Circuit blocked again

8/9/2012 COMMENTS (0)

Aug 9 (Reuters) - For the second time in less than a year, U.S. Senate Republicans have blocked the nomination of Caitlin Halligan for a spot on the District of Columbia Circuit Court of Appeals.

The Senate on Tuesday voted to adjourn for a month-long summer recess without agreeing to preserve the nomination of Halligan, who serves as general counsel for the Manhattan District Attorney's office.

A White House official said President Barack Obama would nominate Halligan for a third time in September, when the Senate returns.

The Senate's move came about eight months after Senate Republicans used a procedural maneuver to defeat Halligan's first nomination. Only one Republican -- Lisa Murkowski of Alaska -- voted in Halligan's favor.

When Obama renominated Halligan in June, he said in a statement that he was "disappointed" and urged the Senate to reconsider, "especially given her broad bipartisan support from the legal and law enforcement communities."

A spokeswoman for Senate Judiciary Committee Chairman Patrick Leahy, a Democrat from Vermont, confirmed on Thursday the Republican opposition to Halligan's nomination but declined further comment.

A spokeswoman for Senator Charles Grassley of Iowa, the top Republican on the committee, did not respond to a request for comment.

There currently are three vacancies on the 11-member District of Columbia Circuit.

Halligan has been supported by left-leaning groups such as the National Women's Law Center, which is advocating for more women on the bench, and opposed by conservative groups such as the National Rifle Association and anti-abortion organizations.

In a letter sent to members of the Judiciary Committee last year, Chris Cox, the executive director of the NRA's Institute for Legislative Action, said the group opposed Halligan's nomination because of her attempts to "undermine" a 2005 federal law that prevents gun manufacturers and dealers from being held liable for crimes committed with their merchandise.

Cox also cited a 2001 lawsuit in which New York State argued that the legal sale of handguns created a "public nuisance" under state law. Halligan, who was then the state's solicitor general, handled the case.

The Republican National Lawyers Association also has come out against Halligan's nomination. In Senate testimony, the association says, she wasn't candid about her views on the Constitution as a "living document."

After a five-year stint as solicitor general, Halligan in 2007 joined Weil, Gotshal & Manges, where she served as head of the firm's appellate practice until she took her current post in 2010.

The office of Manhattan District Attorney Cyrus Vance declined to comment.

(Reporting by Joseph Ax, Carlyn Kolker and Dan Wiessner)

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