Nominations Returned AGAIN to the President
By AndrewHyman Comments (4) / Email this page » / Leave a comment »
In what may be a first in U.S. history, a judicial nominee has now had his nomination returned to the President TWICE in one session. The nomination of N. Randy Smith for the Ninth Circuit is no longer on the Senate's executive calendar, nor is there any indication that he was confirmed during the waning hours of the Senate prior to adjournment. Presumably, other nominations in addition to Smith’s have been returned to the President. Meanwhile, Associated Press has corrected its erroneous report about the judge whom Smith would succeed.
Please renominate them in November, Mr. President.
Hat Tip: Bobo.
Only Jordan at this point has any chance of clearing during the lame duck session. Therefore; I am going on vacation...see you next year :)
Actually, I find this little hidden dance between the Senate and President Bush to be a bit humorous. They return, he renominates. It's a non-issue for the 109th Congress, which has demonstrated a lack of will to act on nominations.
Returned COA judicial nominees: Boyle, Haynes, Myers, Smith, Wallace, KEISLER
Also returned was BOLTON, to be Ambassador to the UN.

Given that the lame duck session of the 109th Congress is only supposed to last 7-10 days, it is unlikely that a nominee returned to the White House last night could be re-examined then. During the three weeks in September that the Senate met, the SJC only voted two out of ten COA nominees out of committee (Smith and Jordan). With that snail's pace, little is likely to happen in a time frame approximately twice as short.