By Seth Stern, CQ Staff

The chairman of the Senate Judiciary Committee signaled Thursday that the window for action this year on appellate court nominees is beginning to close.

Citing what Democrats see as Senate custom on election year confirmations, Chairman Patrick J. Leahy , D-Vt., said, “We may be too far into the Thurmond rule to move forward” with President Bush’s May 8 nomination of Glen E. Conrad to a seat on the U.S. Court of Appeals for the 4th Circuit.

Leahy did agree to meet with Arlen Specter , R-Pa., the panel’s ranking member, to discuss potential movement on appellate nominees after the Memorial Day recess.

But the rhetoric on both sides is hardening. And Leahy’s offhand remark at a committee markup could exacerbate the already high partisan tensions on the issue.

Ten circuit nominees are awaiting action by the committee. Democrats and Republicans on the panel are at odds over which nominees should move through the committee first. The bickering has slowed the process.

Leahy was referring to what Democrats cite as an informal custom, named after former committee Chairman Strom Thurmond, R-S.C. (1954-56; 1956-2003), whereby no judicial nominees are confirmed in the latter part of a presidential election year without the consent of both sides. Republicans argue that there is no such custom.

GOP lawmakers kept up their drumbeat of criticism about the pace of appellate court confirmations Thursday, complaining that Majority Leader Harry Reid , D‑Nev., had reneged on a promise to make his best efforts to move three of the nominees before the recess that starts Friday. Since that promise, the Senate has confirmed only one appellate nominee, G. Steven Agee to the 4th Circuit, by a 96-0 vote, on May 20. No more circuit nominees are on the Senate calendar.

Minority Leader Mitch McConnell , R‑Ky., questioned whether Reid had done all he could to ensure the confirmations. McConnell said Democrats had thrown a “confirmation Hail Mary” by holding a hearing on 6th Circuit nominee Helene N. White — originally nominated during the Clinton administration and only recently renominated — instead of taking up nominations that have languished longer.

“There is a lot of anger in the Republican caucus,” Specter said Thursday at a news conference alongside fellow committee Republicans John Cornyn of Texas and Charles E. Grassley of Iowa. “I think the caucus is of a mind to get tough.”

But Specter stopped short of detailing what kind of action Republicans might take during the remaining months of the 110th Congress. During a Judiciary Committee markup earlier in the day, he struck a conciliatory tone toward Leahy, saying he hoped they could fashion a compromise on the issue.

Minority Whip Jon Kyl of Arizona said Wednesday that McConnell “has some ideas” about how to retaliate. But Kyl declined to offer specifics, saying a strategy would be more fully developed after the recess. McConnell said the Republicans’ “frustration will manifest itself in the coming days.”

Grassley renewed Republican threats that the issue could come back to haunt any future Democratic president seeking confirmation of judicial nominees.

“This may be somewhat of a gamble to the Democrats,” said Grassley, who suggested the issue could also help better define differences between John McCain , R-Ariz., the presumed Republican presidential nominee, and his Democratic opponent in the general election.