WASHINGTON -- Senator Scott Brown of Massachusetts joined Democrats and several within his own party to allow the nomination of an Arizona judge to be proceed, despite objections from conservatives who sought to block him from being confirmed to the Ninth Circuit Court.
Brown’s vote on Monday night provided the 60 votes needed to close debate and prevent a filibuster by Senate conservatives worried that David Hurwitz, who currently sits on the Arizona Supreme Court, would be an “activist” judge.
Conservatives also deemed Hurwitz as soft on criminal defendants and a pro-abortion judge.
Hurwitz was nominated by President Obama last year and was supported by Arizona Senators Jon Kyl and John McCain, both Republicans. Hurwitz’s nomination proceeded on a 60-31 vote, with all Democrats but one voting in favor. Senator Joe Manchin of West Virginia was the lone Democrat to vote against the party line.
In addition to Kyl, McCain, and Brown, five other Republicans voted in favor of bringing the confirmation to a vote.
Hurwitz is expected to be confirmed to the California-based court sometime this week, perhaps as soon as Tuesday.