Law enforcement agencies - including the South Dakota Fraternal Order of Police (FOP) - are voicing their opposition to the nomination Debo Adegbile to the Justice Department's Civil Rights Division.
Tuesday night, the police officers' group issued a statement encouraging South Dakota's U.S. Senators to vote against the controversial nominee.
Adegbile represented a man imprisoned in the murder of a Philadelphia policeman decades ago.
He failed a test vote Wednesday afternoon in the Senate His confirmation is now in jeopardy.
South Dakota Republican U.S. Senator John Thune agreed with the FOP and voted against the nomination.
"This is someone who shouldn't be up for this important position. And, based upon his past history, he has an awful lot of explaining to do," said Thune.
Senator Tim Johnson voted for the nomination. His office says there has been a lot of misinformation surrounding Adegbile's confirmation.
President Barack Obama says the Senate's failure to move ahead on his choice to run the Justice Department's Civil Rights Division is a ``travesty based on wildly unfair character attacks against a good and qualified public servant.''