ConfirmThem

Posted at 10:20am on May 9, 2008 What About William Smith??

By Quin

Does anybody have a good idea of what the political prospects are for First Circuit nominee William Smith? He was once chief of staff for Chafee; does that make him more acceptable to Dems, or does it mean that Whitehouse will block him because his Whitehouse's campaign against Chafee got pretty nasty? I'm all for getting confirmed ANY nominee actually chosen by the Bush White House, even if they aren't sperb conservatives.
A secondary consideration: Does that seat "belong" to Rhode Island? If not, and if Smith has no chance because Rhode Island Dems won't allow him through with their blue slips, is there a chance a New Hampshire nominee could be put forth and confirmed instead? Somebody like recently confirmed U.S. District Judge Joseph LaPlante comes to mind; he was confirmed with no opposition, and with very nice words from Leahy; and he is apparently a good law-and-order guy, a longtime prosecutor.
What I am thinking is for the summer, after the Conrad/Matthews/Keisler things have played out (in whichever way they do play out), the goal should be to help the Dems get closer to the appropriate number of appellate confirmations by giving them noncontroversial folks like Agee, the Virginia Conrad, and either WIlliam Smith or a substitute like LaPlante.

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Posted at 2:40pm on Apr. 29, 2008 Specter, McConnell Send Letter

By Quin

Without comment, I post this letter, sent today:

April 29, 2008

The Honorable Harry Reid The Honorable Patrick J. Leahy

Majority Leader Chairman

United States Senate Senate Committee on the Judiciary

S-221 Capitol Building 224 Dirksen Senate Office Building

Washington, D.C. 20510 Washington, D.C. 20510

Dear Senators Reid and Leahy:

We write to express our serious concern regarding statements made by Chairman Leahy during last week’s Judiciary Committee Executive Business Meeting. In discussing Senator Reid’s April 15, 2008 commitment[1] to confirm three more circuit court nominations before the Memorial Day recess, Senator Specter asked Chairman Leahy to clarify whether he was saying he would not honor the commitment if the scheduling was not “convenient for the two Michigan nominees.” In response, Chairman Leahy stated, “I will do everything possible to get it [done] by Memorial Day, but if the White House slow walks [the Michigan nominees’ paperwork], we probably won’t.”[2] (MORE)

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Posted at 8:49am on Apr. 24, 2008 GOP Senators React as Leahy Guts Judges Deal

By Curt Levey

All nine Republican members of the Senate Judiciary Committee have joined the chorus calling on Sens. Pat Leahy and Harry Reid to show good faith in implementing their agreement with Minority Leader McConnell to confirm three circuit court nominees by Memorial Day. In their letter yesterday , the Republican senators remind Judiciary Chairman Leahy that he has not responded to their previous letters about 4th Circuit nominees Bob Conrad and Steve Matthews, and address the necessity of including both nominees and DC Circuit nominee Peter Keisler in the Memorial Day deal:

[W]e believe, that as a matter of fairness, those promised three should include Judge Conrad, Mr. Matthews, and Mr. Keisler. Failing to include those three is unfair both to these nominees, who have been pending in Committee for over 270, 220, and 660 days respectively, but also to the litigants in the Fourth Circuit who are shackled with an appellate court that is one-third vacant. Further, we are concerned that more than a week after the Majority Leader’s commitment, a hearing for only one circuit nominee, Justice Steven Agee of Virginia, has been scheduled. … ‘Doing everything [you] can’ surely means holding a hearing for Judge Conrad and Mr. Matthews, and in Mr. Keisler’s case, a Committee vote.

The new letter to Sen. Leahy was spurred, in part, by his announcement yesterday of a hearing for Fourth Circuit nominee Agee, who was nominated just last month and received his required American Bar Association rating just this week. That stands in stark contrast to the months and years of delay for Keisler, Conrad, and Matthews. By moving Agee ahead of other circuit nominees, Leahy deepened the widespread suspicion that he and Reid will try to evade good faith implementation of the Memorial Day deal by claiming credit for circuit court nominees that were already part of other deals with Democrats. Agee and Sixth Circuit nominees Helene White and Ray Kethledge fall in that category.

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Posted at 8:01am on Apr. 23, 2008 WSJ on Judges Deal; CFJ Founder Honored

By Curt Levey

In the wake of last week’s Senate deal on judicial nominations, today’s Wall Street Journal joins the voices noting the desirability of filling in the blanks in the deal with the names of circuit court nominees Peter Keisler, Bob Conrad, and Steve Matthews.

The Journal editorial describes the problem:

Democrats would rather fill pending vacancies with candidates who are either their patronage choices or pass muster with liberal interest groups. … As a compromise package, [6th Circuit nominees] Mr. Kethledge and Ms. White now look like a tantalizing way for Democrats to fulfill the McConnell-Reid deal to confirm three Circuit nominees by Memorial Day. Adding those two to Senator Webb's choice of Mr. Agee for the Fourth Circuit would allow Democrats to make good on the Memorial Day goal without confirming any of Mr. Bush's first-string nominees on the merits.

Note that Ray Kethledge is a first-string nominee, but will be confirmed as part of a separate deal, rather than “on the merits.”

None of this diminishes Minority Leader Mitch McConnell’s accomplishment in securing the 3-by-Memorial-Day deal using the limited leverage afforded by a highway funding bill. But, as the Journal editorial points out, “GOP Senators need to use their minority rights now to insist that Democrats honor their pledge by confirming three bona fide Bush nominees.” As to which three, the Committee for Justice wholeheartedly agrees with the Journal that “Republican Arlen Specter has the right idea in requesting a discharge petition to confirm Peter Keisler on the D.C. Circuit, plus Robert Conrad and Steve Matthews on the Fourth Circuit.“

The Journal notes that the yet to be determined details of the Memorial Day deal have implications for the next president:

John McCain is supporting Mr. Specter's plan, and urging the confirmation of Messrs. Keisler, Conrad and Matthews for the Memorial Day deal. Senators Hillary Clinton and Barack Obama aren't. The two Democrats are only inviting trouble for themselves if they should make it to the White House. Republicans are sure to invoke the Harry Reid precedent to derail their nominees.

The deal also has important implications for the election itself:

Republicans need to make judges an issue so voters understand that the stakes on the federal appellate courts, including the Supreme Court, couldn't be higher in 2008.

The role of the judges issue in the ’08 election is sure to be one of the topics debated at Friday’s 9th annual Republican National Lawyers Association (RNLA) Policy Conference in DC. Thursday evening, the RNLA honors the Committee for Justice’s founder and first chairman, C. Boyden Gray, with its Edwin Meese Award. Mr. Gray was White House Counsel under the first President Bush and now serves as Special Envoy for European Union Affairs. Upon assuming the EU post, Gray was replaced by CFJ’s current chairman, former Energy Secretary and U.S. Senator Spencer Abraham.

UPDATE (April 23): This morning, Sen. Leahy announced a May 1 hearing for Fourth Circuit nominee Steven Agee. This comes just one day after the Judiciary Committee received Agee's ABA rating (unanimous 'well qualified'). In other words, Leahy has moved Agee ahead of other circuit nominees whose ABA ratings have been available for several months to almost two years. This news only deepens concern that Senate Democrats will attempt to gut the Memorial Day deal.

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Posted at 4:57pm on Apr. 15, 2008 6th Circuit Deal

By Curt Levey

The White House just announced that Helene White—a Democrat and ex-cousin-in-law of Sen. Carl Levin—will be substituted for Steve Murphy as a 6th Cir. nominee, with Murphy now being nominated to the Eastern District of Michigan. Ray Kethledge remains as the second 6th Cir. nominee from Michigan.

This is an okay deal given that 1) the best we can hope for from the election is a Republican president with an increased Democratic majority in the Senate, and 2) now even a Democratic president won't be able to wipe out the Republican majority on the 6th Circuit anytime soon. As an added benefit, there will finally be an end to Sen. Levin's ten-plus years of complaining about Helene White's failed nomination to the 6th Circuit during the Clinton Administration.

However, it is important that Senate Democrats not be allowed to claim that a hearing or vote on Helene White represents progress on judges—that is, use her as an excuse not to move some other circuit nominee. Her nomination and inevitable confirmation is a gift from the President to the Democrats, not the other way around.

Speaking of judges, let's hope for a speedy recovery by Sen. Arlen Specter, one of the GOP’s leading voices on the judges issue.

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Posted at 1:27pm on Apr. 14, 2008 Judge Fight This Week?

By Quin

Here's what I wrote at the Spectator blog. Let's work this for all it's worth.

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Posted at 2:58pm on Feb. 26, 2008 Good Luck, Jim Haynes

By Quin

Every reader of this site ought to send every good wish to Jim Haynes, retiring as Chief Counsel for the Pentagon, as he re-enters private life. This is a man who had served his country literally for decades, and who gave up highly lucrative employment for the last seven years in order to do so. He served well and honorably in extremely difficult times and circumstances, and has done yeoman's work to keep our country safe from international terrorists. Yet he remains the only Republican judicial nominee ever flat-out Borked by fellow Republicans. It was a travesty of justice that we should never forget or forgive. The lead Borker was the execrable Sen. Lindsey Graham of South Carolina, and his wingman was putative presidential nominee John McCain. If McCain has any class, he will issue a statement thanking Haynes for his service to our country. (But I won't hold my breath for McCain to show any class. Strength and patriotism in serving the country he loves, yes; class, not a bit.) But I digress. This is a note about Haynes. Because he did not shrink from the service of his country, he truly, in Thomas Paine's words, "deserves the love and thanks of man and woman."

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Posted at 11:53pm on Feb. 23, 2008 Playing the Federalist Society Card

By Curt Levey

Philadelphia Federalist Society chapter president Judd Serotta has a good reply (see 4th letter to the editor) to a Philadelphia Inquirer op-ed which opined that 3rd Circuit nominee Shalom Stone’s “membership in the ultra-conservative Federalist Society has raised questions.” (emphasis added) Serotta decries the Inquirer’s playing of the Federalist Society card and notes that

The Federalist Society is the second-largest organization of lawyers in the country, with outposts in other countries as well. Although the membership is mostly conservative and libertarian, it also has hundreds of liberal and left members and routinely invites nonconservatives to speak at society events. It is a quintessential mainstream organization.

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Posted at 3:30pm on Feb. 11, 2008 Worthy Nominees

By AndrewHyman

The New York Times has an editorial today about what it calls "Unworthy Nominees." Although critical of a district court nominee, the Times has no criticism for any circuit court nominee. So, how about some hearings for the circuit court nominees? Maybe hearings would reveal grounds for the Times to legitimately oppose more nominees, or maybe hearings would reveal that there are no legitimate grounds for opposition. Either way, hearings would be useful, right?

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Posted at 4:53pm on Jan. 28, 2008 More on McCain and Haynes

By Quin

For what it's worth, see what I wrote on this at the AmSpec blog.

Summary: McCain told Byron York he supported all those nominees not covered either way under the infamous Gang of 14 deal. BS. He actively opposed the superbly qualified, superbly judicious Jim Haynes.

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Posted at 9:00am on Jan. 11, 2008 6th Cir. Obstruction and the MI Primary

By Curt Levey

Michigan is home to both the next presidential primary and the decade’s most outrageous obstruction of judicial nominees. Back in 2001, Sens. Levin and Stabenow started blocking Michigan nominees to the Sixth Circuit and they’ve persisted to this day. As a result, Steve Murphy and Ray Kethledge have gone more than a year and a half without so much as a hearing in the Judiciary Committee, despite the fact that the seats to which they are nominated are judicial emergencies.

The confluence of the primary and obstruction campaign by Michigan’s senators provides an opportunity for journalists to ask both the presidential contenders and Levin and Stabenow about the proper role of senators in the confirmation process. No doubt Levin and Stabenow will once again cite, as justification, the failure of two second-term Clinton appointees to the Sixth Circuit—one of whom is married to Levin's cousin—to get hearings. Besides being petty, that justification rings hollow, given that Levin and Stabenow have been offered “generous” compromises that would put the two Clinton nominees on the federal bench. But the senators “can't take yes for an answer,” to quote Detroit News editorials (9/13/04 & 11/25/01).

It’s a shame that Sen. Levin has forgotten his own words from the Clinton era:

“It is unconscionable to keep [judicial nominees] waiting. At a minimum, give people a hearing and vote them up or down. If members want to vote no, that is their choice. But not to give them a hearing is just unfair.” (Detroit News 10/17/99)

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Posted at 6:54pm on Dec. 6, 2007 First Circuit Nomination

By Curt Levey

U. S. District Court Judge William E. Smith of Rhode Island was nominated today to fill the First Circuit vacancy created by the retirement of the outstanding Bruce Selya. For a discussion of the selection process and prospects for confirmation, see the Providence Journal.

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Posted at 8:31pm on Dec. 4, 2007 McConnell Blasts Nominee Standstill

By Curt Levey

On the Senate’s first day back from recess, Mitch McConnell blasted the Judiciary Committee for bringing “progress on circuit court nominations to a standstill.” McConnell noted that Sen. Leahy’s committee has fallen far short of the number of hearings held for Clinton’s circuit nominees during the comparable period. The four circuit court hearings held this year also fall far short of private assurances by Leahy’s staff that there would be one hearing per month for circuit nominees. And don’t even get me started about Reid’s promise to meet the historical average of 17 circuit confirmations, established during the final two years of the Reagan, Bush I, and Clinton presidencies.

McConnell’s full remarks on judicial nominees are below the fold.

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Posted at 8:35am on Nov. 24, 2007 Washington Post Backs Rosenstein

By Curt Levey

In an editorial today, the Washington Post debunks the objections to Fourth Circuit nominee Rod Rosenstein by Maryland Sens. Mikulski and Cardin, and warns that

blocking Mr. Rosenstein's confirmation hearing – as the Maryland senators may yet do – would elevate ideology and ego above substance and merit, and it would unfairly penalize a man who people on both sides of this question agree is well qualified for a judgeship.

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Posted at 9:21pm on Oct. 3, 2007 Elrod Up, Southwick Waits

By Curt Levey

As Andrew reported yesterday, Majority Leader Reid promised floor votes on “a circuit court judge and several district court judges” once the Senate completed consideration of the Defense appropriations bill. It was completed this evening, so Fifth Circuit nominee Jennifer Elrod will get a vote tomorrow. I have no doubt that she will be confirmed, so let me congratulate her in advance.

Andrew’s post speculated that the circuit nominee Reid was referring to might be Leslie Southwick, and Andrew had good reason to be hopeful. After all, Judge Southwick has been waiting for a floor vote longer than Elrod, and Sen. Reid promised a vote on Southwick by the Columbus Day recess, which begins at the end of this week. That obviously isn’t going to happen now. I don’t expect much from Democratic promises about judicial nominees, but why have GOP senators been silent about this unwarranted delay?

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Posted at 9:55am on Sep. 25, 2007 Tinder Testifies Today

By Curt Levey

When Seventh Circuit nominee John Tinder of Indiana has his hearing this afternoon, he will become the first of the recent appeals court nominees—also including Conrad (NC), Getchell (VA), Haynes (TX), Matthews (SC), and Stone (NJ)—to come before the Judiciary Committee. Given that he has the support of Democratic home state senator Evan Bayh—who will testify at Tinder’s hearing—I expect that he will be voted out of committee and confirmed in a timely manner.

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Posted at 6:41pm on Sep. 21, 2007 Sen. Hatch on Racial Profiling of Judges

By Curt Levey

I like what Sen. Hatch had to say today about Democrats’ use of the race card during discussion of 5th Circuit nominee Jennifer Elrod at yesterday’s markup:

Democratic colleagues in the Judiciary Committee also questioned Judge Elrod’s fitness for the Fifth Circuit because of her race. One colleague said that we must consider the race of sitting judges as well as judicial nominees as we proceed through the confirmation process. The implications of this view are troubling, to say the least. This means that no matter what a nominee’s qualifications, no matter what her experience or background, no matter what she would bring to the bench, a nominee’s race can, and some apparently believe even should, trump her merit. Appointing judges based on race is an inappropriate standard that I cannot accept.

This June, the Committee for Justice documented the blatant use of race by Senate Democrats and their allies in their campaign to block Judge Leslie Southwick.

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Posted at 9:43am on Sep. 13, 2007 MD US Attorney for 4th Circuit

By Quin

The Wash Post reports that MD US Attorney Rod Rosenstein is likely to be the next Bush nominee to the 4th Circuit. Who knows about him? Comments welcome.

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Posted at 5:21pm on Sep. 6, 2007 Two New Fourth Cir. Nominations

By Curt Levey

This afternoon, the President nominated Duncan Getchell of Virginia to the 4th Cir. seat vacated by Judge Widener, and Steve Matthews of South Carolina to the seat vacated by Judge Wilkins.

There were two district court nominations as well: Stanley T. Anderson for the Western District of Tennessee and John A. Mendez for the Eastern District of California.

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Posted at 1:33am on Jul. 19, 2007 Elrod Testifies and Southwick Waits

By Curt Levey

Fifth Circuit nominee Jennifer Elrod of Texas gets a hearing before the Judiciary Committee today at 2:45 pm, as do district court nominees Richard Jones (W.D. Wash.) and Sharion Aycock (N.D. Miss.). With the focus on the 5th Circuit and Mississippi Senators Lott and Cochran testifying for Aycock, the elephant in the room will be the stalled nomination of Judge Leslie Southwick of Mississippi.

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Posted at 5:29pm on Jul. 17, 2007 NEW NOMINATIONS SENT TO THE SENATE

By AndrewHyman

Robert J. Conrad, Jr., of North Carolina , to be United States Circuit Judge for the Fourth Circuit, vice James Dickson Phillips, Jr., retired.

Catharina Haynes, of Texas , to be United States Circuit Judge for the Fifth Circuit, vice Harold R. DeMoss, Jr., retired.

Shalom D. Stone, of New Jersey , to be United States Circuit Judge for the Third Circuit, vice Samuel A. Alito, Jr., elevated.

John Daniel Tinder, of Indiana , to be United States Circuit Judge for the Seventh Circuit, vice Daniel A. Manion, retiring.

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Posted at 5:56pm on Jun. 21, 2007 Southwick Situation Unchanged

By Curt Levey

Fifth Circuit nominee Leslie Southwick was on the agenda for today’s Judiciary Committee markup, but there was no quorum at the scheduled time of 10 a.m. and no action on or discussion of his nomination during a brief committee meeting off the floor. The lack of action was not unexpected, given that discussions about Southwick continue and committee members are tied up on immigration. Southwick is not currently on the agenda for next Thursday’s markup, but may be added later.

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Posted at 8:07pm on Jun. 13, 2007 Warner and Webb Suggest a Few Names for Fourth Circuit

By AndrewHyman

The Virginia Senators are floating these names:

Virginia Supreme Court Justice G. Steven Agee;
Virginia Supreme Court Justice Donald W. Lemons;
Charlottesville attorney Thomas E. Albro;
US District Judge Glen E. Conrad; and
University of Richmond law professor John G. Douglass.

This list very closely tracks part of a list previously submitted by the Virginia Bar Association. See here for other names that have been mentioned in the past.

UPDATE: Paul Mirengoff reacts to this list prepared by Sen. Warner and Sen. Webb, at Power Line.

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Posted at 2:54pm on Jun. 10, 2007 What’s Leahy Talking About?

By Curt Levey

The Washington Post has an article today about the pace of judicial nominations and resistance from some Republican senators. But what most caught my eye was a comment by Judiciary Chairman Pat Leahy. The article cites 15 circuit court confirmations as the “historical average for the last two years of a president's term,” then paraphrases Leahy as saying “the number is that high only because Democratic Senates have been generous.” Excuse me Mr. Leahy, but a Republican Senate confirmed 15 circuit court nominees during President Clinton’s final two years.

Note: The norm for a president’s last 2 years—averaged over the previous 3 presidents, all of whom faced opposition-controlled Senates—is actually 17.

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Posted at 9:59am on May 10, 2007 Cornyn Not Buying Dem Excuses

By Curt Levey

Yesterday, on the Senate floor, Sen. Cornyn spoke out against the slow pace of circuit court confirmations:

There is no satisfactory reason I have heard as to why no circuit court nominees were confirmed in April, or even reported out of committee. The reasons that have been offered—the vacancy rate is not that bad, the President needs to nominate more circuit court judges, and President Clinton was treated worse—are all irrelevant to the majority leader's representations on the Senate floor that this Senate will ‘at least’ hit the historical average.

Cornyn’s full remarks are below the fold.

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Posted at 10:34am on May 9, 2007 Livingston to be Confirmed Today

By Curt Levey

The Senate has scheduled three hours of debate this afternoon on the confirmation of Debra Livingston to the Second Circuit. It will be followed by a vote at about 3:30 pm, with the result not in doubt.

Because Senate Democrats failed to deliver an April circuit court confirmation, they owe the American people one more in May. A second confirmation this month would involve either 5th Circuit nominee Leslie Southwick, who is scheduled for a hearing this Thursday, or DC Circuit nominee Peter Keisler, who has already been grilled by the Judiciary Committee.

UPDATE (May 9): Debra Livingston was confirmed 91-0 this afternoon.

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Posted at 8:30am on May 8, 2007 The latest Fourth Circuit buzz

By Alexham

Courtesy of William Watkins.

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Posted at 10:51pm on May 1, 2007 Zero in April, Two in May

By Curt Levey

The Committee for Justice issued a press release Tuesday in which I noted that “April has come and gone without the confirmation of any appeals court judges.” This despite the fact that “Sens. Leahy and Reid are well aware that at least one appeals court nominee must be confirmed each month if they are to deliver on their commitment to Republicans to confirm 17 appeals court judges in 2007-08.” CFJ is calling on Senate Republicans to “turn up the pressure” and on Senate Democrats to “demonstrate good faith on their commitment by allowing two appeals court judges to be confirmed in May.”

Below the fold is the full press release.

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Posted at 4:52pm on Apr. 25, 2007 Fourth Circuit nomination is on the way

By Alexham

So saith William Watkins.

I am working on confirming the identities of the final two candidates, and will update y'all as soon as I know more.

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Posted at 11:13pm on Apr. 24, 2007 Pat Leahy, M.D.

By Curt Levey

If you’re suffering from an autoimmune disease, today’s Judiciary Committee meeting is good news. If you’re an appeals court nominee awaiting a committee vote, not so much. While Sen. Leahy’s committee will have time today to take up the designation of May 2007 as "National Autoimmune Disease Awareness Month," it will have no time to vote on DC Circuit nominee Peter Keisler or 2nd Circuit nominee Debra Livingston, both of whom have already had hearings. That virtually ensures that there will be no appeals court confirmations this month, signaling that Senate Democrats are not serious about maintaining the one-a-month pace necessary to fulfill their agreement to confirm 17 circuit judges during the 110th Congress.

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