JACKSON - Fifth Circuit Court of Appeals Judge Charles Pickering Sr. announced Wednesday night that he will step down from the federal bench.
President Bush gave Pickering, 67, the bench with a recess appointment in January after some Democrats accused Pickering of being racially insensitive and harboring anti-abortion views.
"My nomination and permanent appointment … has been pending before the full Senate for more than one year," Pickering said in a prepared statement released late Wednesday night. "… Opposition by some Democratic senators prevented an up or down vote on my nomination. A minority of senators prevented the majority from confirming me to a permanent position on the Fifth Circuit. The actions of the minority leave me with no alternative than to retire as Congress adjourns."
Bush had nominated Keith Starrett, a judge on the 14th Circuit Court District of Mississippi since 1992, to replace Pickering as the U.S. district judge for the Southern District of the state.
Democrats blocked Pickering's nomination to the higher court, prompting Bush to bypass Congress and elevate Pickering to the federal appeals court with the recess appointment, which temporarily bypassed the confirmation process.
However, the appointment is valid only until the next Congress convenes in January.
Pickering, the father of Mississippi Republican Rep. Chip Pickering, has denied the accusations of racism.
In his statement, the elder Pickering thanked Mississippi Republican Senators Trent Lott and Thad Cochran for supporting him.
Pickering's wife, Margaret Ann, said the judge was traveling from Memphis late Wednesday and was not available.
She said she couldn't be happier about his decision.
"I think it's just time for us to enjoy life a bit and do some of the things that we have postponed," she said.
Pickering's statement said he was at peace with his decision. "I will always be grateful to the people of Mississippi - both black and white, both Democrat and Republican - who supported my confirmation with their prayers, their words of encouragement, letters of support and trips to Washington to speak on my behalf," he said.
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