Bush withdraws court nominee

WASHINGTON - President Bush yesterday withdrew a nomination to the U.S. Court of Appeals for the Third Circuit in Philadelphia after opposition from Sen. Bob Casey. He chose a new nominee for that court, and nominated four people to fill judicial vacancies in U.S. District Court for the Eastern Pennsylvania District.

Larry Smar, a spokesman for Casey (D., Pa.), would not say why the senator opposed the nomination of U.S. District Judge Gene E.K. Pratter to the appeals court, only that the senator "takes a number of considerations into account for all judicial nominees."

Bush yesterday withdrew Pratter's nomination and nominated another district judge from the Eastern District, Paul S. Diamond, to the position, which had been vacated by a retirement. The Third Circuit court hears appeals from the federal district courts in Delaware, New Jersey, Pennsylvania, and the Virgin Islands.

Casey and Sen. Arlen Specter (R., Pa.) each issued statements of approval of the five nominations.

Casey's opposition to Pratter's advancement had held up the nomination of Carolyn P. Short, whom Bush had nominated to fill the slot that would have been opened by Pratter's advancement.

Bush withdrew her nomination to that slot yesterday and renominated her to fill the slot that would be opened by Diamond's advancement. Short is a lawyer in private practice who served as Specter's general counsel on the Senate Judiciary Committee.

The others nominated to fill district judge openings were Mitchell S. Goldberg, a Bucks County Court judge; C. Darnell Jones II, Philadelphia Common Pleas Court president judge; and Joel H. Slomsky, a lawyer in private practice.

All four district judge slots had been opened because of retirements.