Griffith's nomination was also delayed, in part, because of disclosures in recent months that he did not have a license to practice law in Utah for the four years he has worked at BYU. University spokesmen said a current license wasn't necessary for his mostly administrative work there.

Also, Griffith failed to pay dues to the District of Columbia Bar Association for three years — a requirement in D.C. for a law license. Spokesmen for him blamed nonpayment on administrative staff errors and said Griffith paid the dues immediately when he found out about it.

Griffith is the former U.S. Senate counsel. He is also a former law partner in the Washington law firm of Wiley, Rein and Fielding.

He was nominated to the D.C. appeals court after controversial Miguel Estrada withdrew his nomination after Democrats staged a first-ever filibuster of an appeals court nominee to block him. They have blocked several others since.

On Tuesday, they blocked another — William G. Myers of Idaho, nominated to the 9th Circuit Court of Appeals. The Senate failed to stop a filibuster against him on a 54-44 vote, short of the three-fifths majority required. Democrats complain that Myers, a former solicitor for the Interior Department is too anti-environment.

Hatch told the Senate in response: "Is a judicial nominee disqualified from service on the federal bench solely because he or she has advocated, successfully and competently for people or policies that liberal groups of various stripes dislike?

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E-mail: lee@desnews.com