By Jerry Markon
Washington Post Staff Writer
Saturday, January 19, 2008

A lawyer whose nomination to the federal appeals court in Richmond triggered criticism from Virginia's two U.S. Senators has withdrawn his name from consideration, the White House said yesterday.

The withdrawal of Richmond lawyer E. Duncan Getchell Jr. further complicates efforts to fill the five vacancies on the U.S. Court of Appeals for the 4th Circuit, one of the nation's most prominent appellate courts. The 4th Circuit had been known for its conservative bent, but it has lost several prominent Republican appointees and has been moving in a more moderate direction.

In a letter to Bush dated Thursday, Getchell said that he was honored to have been nominated but realized that he lacked support from the Senate Democratic leadership. "So, after prayerful consideration, I have determined to withdraw my name from consideration,'' Getchell wrote.

President Bush nominated Getchell in September to fill one of the traditional Virginia seats on the court, but his name was not on a list of five people that Sens. John W. Warner (R) and James Webb (D) had sent to the White House. The support of home-state senators can be key in winning Senate confirmation of a judicial nominee, especially when Bush faces a Congress controlled by Democrats.

Webb reacted to the nomination by accusing the White House of ignoring his and Warner's recommendations, while Warner said he would continue to support the candidates on the list compiled by the two senators. They included two Virginia Supreme Court justices and a Richmond law professor.

Yesterday, Webb issued a statement commending Getchell on his willingness to serve and urging Bush "to seize this opportunity to nominate a candidate who can garner bipartisan support here in the Senate.'' Warner said in a statement that he has "the highest personal regard" for Getchell, and he called on Bush to nominate someone from his and Webb's list.

The 15-member 4th Circuit, which oversees cases from Virginia, Maryland, West Virginia and the Carolinas, has played a key role in terrorism cases since the Sept. 11, 2001, attacks. Some conservatives have criticized Bush for not moving faster to nominate replacements, and legal experts say the court could tilt decisively to the left if Democrats keep control of Congress and reclaim the White House.

Bush has three remaining nominees pending for the five vacancies, and Emily Lawrimore, a White House spokeswoman, yesterday called on the Senate "to swiftly provide these nominees with a fair up or down vote.'' White House counsel Fred F. Fielding told Getchell in a letter released yesterday that he appreciated "the care and deliberation" that went into Getchell's decision to withdraw.