ConfirmThem

how many taxpayer dollars are being wasted on this stunt? How many extra employees have to work so that someone can make a 30-second appearance? It needs to be hung around the neck of every Democrat running for Senate next year.

can the Senate receive nominations when in recess? if not, then Bush should submit a few names this week, and after a few days when they still have not been formally "received", make the case that the Senate is, in fact, in recess, and then make appointments accordingly.

I suspect the Senate can receive nominations. It just cannot confirm anyone, absent a quorum (which is 50 Senators).

There is really no reason to worry too much about Reid's latest attempt at obstruction. While I would love Keisler to get a recess appointment this December, I also recognize that Reid's pro forma sessions prevent the Dems from using the more destructive delaying tactic they used three times last year at the end of the 109th Congress. With pro forma sessions in place, the Dems will not be able to send any "controversial" nominations back to the White House. If they could, it would make it practically impossible to get the affected nominees renominated in time to get the new ABA ratings that would be necessary for Senate Republicans to force the issue of their confirmations before the party conventions next summer.

After reviewing some of the previous threads, I have two more comments:

1) Steve Matthews' ABA rating of Q(sm)/NQ(min) creates a huge problem for his confirmation. This is the same rating that filibustered nominees William Pryor, William Myers and Janice Rogers got. Even with the support of his two homestate senators, this ABA rating could undermine Matthews' confirmation. There is little doubt in my mind that the reason the ABA will give for this low rating is Matthews' ideological partisanship, and the Dems will say that because of that Matthews does not deserve to be confirmed.

Although I doubt the ABA will admit it, another fact that I think has also influenced the rating is that Matthews is a former Thomas clerk. The libs in the ABA and the Senate hate anything to do with Thomas. IIRC, the Volokh Conspiracy once had a post exposing the fact that Thomas clerks frequently had a hard time getting hired as professors at major law schools because of the liberal elites that run the law schools.

2) While I am glad to see that the WaPo has endorsed Rosenstein, as Johnny Fontaine pointed out in an earlier thread, I doubt it will help him get confirmed. The WaPo and LATimes endorsements of Keisler have done precious little to help him.

BoBo, I still think he gets confirmed (unless the WaPo article somehow convinces them to trade Rosenstein for him instead), it will just give them an excuse to whine and delay further, and then to act all magnanimous and say "hey we just confirmed another Bush judge, even one the ABA said was unqualified. it's too bad he won't nominate more qualified, 'consensus' candidates, blah blah blah. why this month, April 2008, we've already confirmed one circuit judge, while in July 1997 the Republicans didn't confirm a single one! blah blah" of course, a substantial majority saying he was qualified, and the two months he chooses to compare will be apples and oranges and completely lacking in the context of surrounding months, year, and term as a whole, but Leahy never lets facts get in the way of a good twisting.

If Tinder is confirmed this year, then the Dems will have established a one COA confirmation per two month schedule. Since it seems likely that Haynes and Pratter will be the first two confirmations next year, it is probable that any third confirmation will not happen until June. By that time, Leahy will have firmly established the Thurmond Rule. The Dems will then use it to block all of the Fourth Circuit nominees as too "controversial". One of the reasons they will use to categorize Matthews as "controversial" will be his low ABA rating.

http://apnews.excite.com/article/20071126/D8T5D0CG1.html

"Sen. Trent Lott of Mississippi, the Senate's No. 2 Republican, plans to resign his seat before the end of the year, congressional and Bush administration officials said Monday.

Lott, 66, scheduled two news conferences in Pascagoula and Jackson later in the day to reveal his plans. According to the officials, who spoke on condition of anonymity ahead of the announcement, Lott intends to resign effective at the end of the year."

"Mississippi's Gov. Haley Barbour, a Republican, will appoint Lott's replacement, who will serve until the 2008 elections, when voters will elect someone to serve out the balance of Lott's term, which runs through 2012. Rep. Chip Pickering of Mississippi, a former Lott aide who recently announced his retirement from the House, is widely seen as a potential successor. Pickering could not immediately be reached for comment."

I bet Lott is resigning now so that his successor will have a better chance of winning the state election in 2008.

In general, I wonder how this will effect judicial confirmations next year. Who will be the new second-in-charge? Will he be as effective as Lott in getting "controversial" nominees like Southwick confirmed? If Chip Pickering replaces Lott as Mississippi's new senator, I wonder how he and the Dems who filibustered his father will get along.

Why they support the arts, of course! Courtesy of How Appealing,

http://www.sanfranciscosentinel.com/?p=7298

"The Washington Performing Arts Society Fall Celebration. Yes, Supreme Court justices do sometimes go out at night and the success of a Washington party can often be measured by how many show up.

For their annual “Fall Celebration,” the Washington Performing Arts Society on last Monday night scored three of the “Supremes,” and they of course pulled rank over two ambassadors, one United States Senator and one full-fledged movie star."

There are pictures of Scalia, Ginsburg and Alito with an assortment of spouses.

BK, I must say, your post is extremely funny. I look forward to the day when pro forma sessions of the Senate become a heated issue in a campaign. I believe that at that point, American politics will have jumped the shark.

Interesting article by Cass Sunstein in the New Republic re the Second Amendment. I'm not quite sure why this guy is always considered such a brilliant legal mind.

http://tnr.com/politics/story.html?id=e8997807-107b-461f-90d2-51a3ef91b5...

http://blog.washingtonpost.com/thefix/2007/11/lotts_resignation_would_to...

"Mississippi Gov. Haley Barbour (R) announced moments ago that a special election to fill the remaining four years on Sen. Trent Lott's (R) term will happen next November, effectively ruling out the possibility of a 90-day special election next spring.

"Pursuant to Mississippi law, specifically § 23-15-855 (1), of the Mississippi Code, once the resignation takes effect, I will call a Special Election for United States Senator to be held on November 4, 2008, being the regular general election day for the 2008 congressional elections," Barbour said in a statement.

In that same statement, he also ruled himself out as a candidate. "I will not be a candidate for Senator in the Special Election, and obviously, I won't appoint myself to fill the vacancy on an interim basis," Barbour said. Barbour will appoint a replacement for Lott within 10 days of the incumbent formally stepping down.

On the candidate front, both sides are jumbled at the moment. For Republicans, no one in the know seems to believe that Rep. Chip Pickering will be Barbour's choice to fill the vacancy. With Barbour not interested, Rep. Roger Wicker could well be the GOP pick. Wicker has held the 1st district since 1994 and ended September with $569,000 in the bank."

http://thehill.com/leading-the-news/kyl-expected-to-run-for-whip-post-20...

"Senate GOP conference Chairman Jon Kyl (Ariz.) will run to replace Sen. Trent Lott (Miss.) as Senate minority whip, according to a source close to Kyl."

I bet Kyl would press "controversial" judicial nominees, especially Keisler.

Love Ruthie's kimono.

kossacks is saying that Lott is trying to beat the new lobbying restrictions deadline (which, unfortunately, seem pretty clear to me), but that Barbour is trying to finagle something as the 12/31 deadline should require the 90 day election.

Dunno who's right, but the commies are beating Lott to death with his "six more years" rhetoric from last year. I have to say I'm disappointed in him if he heads straight to K Street, but at least he got Southwick thru.

Is Dem Mike Moore(?) any threat to win that seat? I think he's the Miss. AG.

http://thehill.com/leading-the-news/mississippi-special-election-date-ca...

"Analysts believe a competitive general election would depend on the candidacy of former Attorney General Mike Moore (D) and, to a lesser extent, current Attorney General Jim Hood (D).

Moore served four terms as attorney general, ending in 2004, and earned fame for filing a lawsuit against the tobacco companies in the 1990s. He was floated as a possible candidate if Sen. Thad Cochran (R-Miss.) retired this year, but Cochran announced earlier this month that he will run again."

http://tpmelectioncentral.com/2007/11/whats_the_state_of_play_for_lotts_...

"Mississippi's Republican Governor Haley Barbour will make an appointment to the seat, and the appointee will stay until a special election in November 2008, coinciding with the presidential race. That alone will favor the GOP, as President Bush won 60% of the vote in Mississippi in 2004, and 57% of the vote in 2000. Thus any potential Democratic nominee would need a lot of ticket-splitting in order have a chance.

On the Democratic side, the field of prospective candidates is pretty thin. The GOP won all but a single statewide office in this month's elections, leaving incumbent state Attorney General Jim Hood as the sole winning Democrat. As such, the Democratic Senatorial Campaign Committee will probably look to Hood himself, or his predecessor Mike Moore, to try and make the race. If neither Hood nor Moore run, the Democrats' already uphill fight would become even harder."

David Bernstein at The Volokh Conspiracy discusses an excellent Cantero (as in Florida Supreme Court Justice Raoul Cantero, in case we have forgotten) dissent in a recent expert testimony case:

http://volokh.com/archives/archive_2007_11_25-2007_12_01.shtml#119601916...

Cantero is still high on my list for any future Rep SCOTUS nomination.