Friday December 7 12:27 PM ET

U.S. Rights Commission Refuses to Seat Bush Choice

WASHINGTON (Reuters) - The U.S. Civil Rights Commission refused on Friday to accept as a member an appointee by President Bush (news - web sites), contending there was no vacancy on the independent agency for him to fill.

Setting the stage for a showdown between the administration and the rights watchdog, Commission Chair Mary Frances Berry said it was now up to the courts to rule against the commission before it accepted the president's nominee.

``We will abide by the court,'' Berry said at an open meeting by the commission as it voted 5-3 to declare it was legally constituted, effectively rejecting conservative lawyer Peter Kirsanow as one of its members.

Over the objections of Berry, the White House on Thursday swore in Kirsanow as Bush's appointee to the eight-member panel. Berry refuses to recognize the appointment and has accused the Bush administration of seeking to undermine the commission by altering its political balance.

The commission acts as a federal civil rights protector and investigates complaints of Americans who say they were denied their civil rights.

``The independence of this commission depends on us being able to interpret our statutes unless told otherwise by the court,'' Berry said at the meeting.

Commissioners normally serve six-year terms, but commissioner Victoria Wilson was appointed by President Bill Clinton in January 2000 following the death of Commissioner Leon Higginbotham.

Appointment records on file with the White House indicated that Wilson's term was to expire on Nov. 29, 2001, the end of Higginbotham's term. Berry says the early expiration was a mistake and has no legal basis.

Wilson should serve a full six-year term, she said, citing a 1994 amendment to the law establishing the panel.

Kirsanow responded to his rejection by saying he was ''saddened by the realization that this body, which is charged with ensuring that the legal rights of all Americans are protected, is acting in a manner that can only be described as lawless.''

-- Anonymous, December 07, 2001