ConfirmThem

This is a mistake on Brownback's part. It demonstrates nothing about Neff's judicial philosophy, and throws a wrench into a previously longstanding problematic situation that had appeared to have been resolved. Neff's seat is simply not important enough to allow it to now jeopardize the two circuit seats for Kethledge and Murphy. Big mistake.

We had some discussion about Neff, here.

Brownback's POTUS hopes will be helped as little by this as the online gambling thing will help Frist's.

LOL at Ford now leading in Tennessee.

*NO* LOL at no more judges being confirmed until 1/09.

Forget recess appointments - Frist should keep the Lame Duck Senate in session from November 13 until January 2 if necessary in order to confirm the remaining judicial nominees. If they still have not been confirmed by Jan 2, then Bush could recess appoint them on the night of January 2 before the new congress comes in session.

is Brownback's lack of judgement.

As far as Frist holding them in session. That would be great, but he hasn't had the balls to play rough for six years. I can't see him doing anything between now and January.

1. I don't think that Bush should make any recess appointments until the new Congress comes into session because can't the recess appointments only serve until the end of the Congress in which they are appointed? So...if he made a slew of recess nominations on Jan 2, couldn't they then only serve until the new Congress got sworn in later that month?

2. After the new Congress is sworn in, Dubya needs to fill every single vacancy in the country with recess appointments at the first opportunity. I think the best thing would be to fill district court vacancies with promising young conservative attorneys on the rise, and then to fill circuit court vacancies with well credentialed elder conservative attorneys for whom a couple of years of service on the circuit court would be more like a jewel to cap off his/her career.

The reason for that is that I think accepting a recess appointment to a circuit court is going to politically hurt a nominees' future potential confirmation hopes to a circuit court. I don't think that a recess appointment to a district court will significantly damage anyone, though.

I think he needs to put Neal Boortz and Rush Limbaugh on the CCA somewhere until the Dems roll over and beg to have Keisler, et al nominated.

tbaugh

I don't think this should stop her; I just don't think she should be confirmed before the 6th circuit nominees, as she is part of the deal favoring the democrats to resolve the impasse in the 6th circuit. It seems to me all should go through together.

Oz, we could do better than that! Rush needs to stay on the radio and be fully devoted to that. However, his brother David Limbaugh is an attorney. :-)

Second Circuit (1)
1. Mark Levin
2. Ronald Rotunda
3. William Kelley

Third Circuit (3)
1. Rick Santorum (if he loses in November)
2. David Limbaugh
3. Steven Calabresi, Federalist Society National Co-Chair

Fourth Circuit (3)
1. John Ashcroft
2. Jay Sekulow
3. Leonard Leo

Fifth Circuit (2)
1. Steven Wayne Smith, Texas Supreme Court Justice who won the Hopwood decision as an attorney
2. Lino Graglia, constitutional law professor at University of Texas

Sixth Circuit (2)
1. Ann Coulter
2. Henry Saad

Ninth Circuit (2)
1. John Yoo
2. Eugene Volokh

DC Circuit (2)
1. David McIntosh
2. Miguel Estrada (judicial experience might actually help him ascend to the Supreme Court, even if by recess appointment)

There are two big reasons why wholesale intrasession recess appointments might be a bad idea:

1) When the Supreme Court rejected the opportunity to review William Pryor's intrasession recess appointment, John Paul Stevens specifically wrote an opinion declaring that the constitutionality of such appointments had NOT been settled and might be revisited in the future. That sounds to me like Stevens, Souter, Ginsburg and Breyer would vote to declare void any presidential power to make intrasession appointments. All they would need is wishy-washy Anthony Kennedy's vote to win the day. That appears to me to be too much of a risk. Bush might be able to make one more intrasession recess appointment, but I doubt several, without getting into big judicial trouble.

2) The Democrats are gaining in power at the moment. They might soon be able to easily block Senate consideration of any recess-appointed nominee in the 110th Congress. If that's the case, then basically all an intrasession recess appointment would accomplish is saving the involved seat for a Democrat president to fill in 2009. Again, this sounds like too much of a risk for me.

It appears to me that if Bush does make any recess appointments, they should be intersession and not intrasession. That way no judicial battles would result, and no seats would be saved for Democrats to fill later.

I think Myers and Wallace are the best prospective candidates because neither of them would risk losing already accumulated judicial pensions like Boyle and Smith would. Haynes might be a bad choice since Bush may not want to antagonize McCain and Graham if the Democrats increase their numbers in the 110th Congress.

But BoBo, wouldn't it be fun to have all these guys and gal on the circuit court for 2 whole years? :-)

When even the WSJ is saying you're an idiot for doing this, Senator Brownback, it's time to back down. As they correctly point out, a same-sex commitment ceremony isn't illegal just because the government doesn't confer the legal benefits of marriage on it.