CAPE ELIZABETH — Maine Sens. Olympia Snowe and Susan Collins Friday urged bipartisan cooperation to ensure a U.S. Senate vote this year on the nomination of a Cape Elizabeth lawyer to the federal bench.
The nomination of William Kayatta Jr. to the U.S. 1st Circuit Court of Appeals in Boston is threatened by a blocking manuever used by minority parties in presidential election years.
Kayatta was nominated to replace Judge Kermit Lipez, a South Portland resident who is taking senior judicial status. Kayatta is a trial lawyer with Portland-based Pierce Atwood. His nomination to the appeals court was approved by the Senate Judiciary Committee in the spring.
According to the Politico and Roll Call websites, Senate Minority Leader Mitch McConnell, R-Ky., said Wednesday it is time to invoke what is known as the “Thurmond Rule,” which essentially delays Senate action on the appointment of federal judges in the six months prior to a presidential election.
The Senate action, named for the late Sen. Strom Thurmond, a South Carolina Democrat who became a Republican, is alternatively called the “Leahy Rule,” in reference to Vermont Democratic Sen. Patrick Leahy.
The practice calls for filibusters to prevent confirmation hearings and can be prevented if enough minority senators, in this case Republicans, vote with the majority.
Maine Republican Sen. Susan Collins blamed the White House for Kayatta’s predicament, but also said the nominee deserves better treatment from her colleagues.
“Last year, I repeatedly urged the White House to send Bill’s nomination to the Senate promptly,” Collins said. “Nevertheless, it simply isn’t fair that Bill, who would be a superb judge, now appears to be caught up in election-year politics. I have urged my colleagues on both sides of the aisle to give Bill the direct vote by the full Senate that he deserves.”
Sen. Olympia Snowe, R-Maine, did not specifically say what actions she might take to further Kayatta’s nomination, but expressed continued support for him.
“Bill Kayatta is superbly qualified and would be an outstanding addition to the First Circuit Court of Appeals,” Snowe said in a prepared statement. “I have strongly supported his nomination from day one and will continue to work with the bipartisan Senate leadership in an effort bring his nomination to the floor.”
According to Politico, invoking the rule would block hearings for at least four appeals court nominees, including ones favored by Republican senators and Republican New Jersey Gov. Chris Christie.
David Harry can be reached at 781-3661 ext. 110 or [email protected]. Follow him on Twitter: @DavidHarry8.
Updated to include response from Sens. Collins and Snowe.

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