Bump and Update: Jeffrey Sutton has been confirmed by a vote of 52 to 41. PFAW emails a press release:

"One more appeals court vacancy has been filled with a judge who can spend the rest of his life trying to turn back the clock on Americans' rights, liberties, and legal protections," said Ralph G. Neas, president of People For the American Way. "Today the Senate failed in its obligation to protect Americans from a federal judiciary dominated by right-wing ideologues. But senators will have many more opportunities to take a stand, because the Bush administration continues to nominate judges who are not committed to preserving the protections of our Constitution."

Senator Edward Kennedy said Monday, "Jeff Sutton "has been the most visible advocate in the right-wing movement to weaken the basic civil rights that have bought our country closer to equal opportunity for all citizens."

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A final vote is scheduled Tuesday in the Senate over Bush judicial nominee Jeffrey Sutton, whom many decry as a judicial activist. However, Ted Kennedy is quoted as saying that he thinks the vote will go Sutton's way, so it's probably a done deal.

For more on Sutton and objections to him, visit PFAW and ADAWatch.