ConfirmThem

Because their holds have already been "burned," Keisler, Jordan, Jarvey and Lioi must be voted on Tuesday. I assume that the qualifier on Thursday, Sept. 28, considerations refers to Boyle, Myers and Haynes. My guess is that if those three are to be voted out at all they will be voted out next Thursday. That will prevent them from getting cloture or confirmation votes before the midterm election break which will begin after the next day, Friday, Sept. 29. This will satisfy both the Republican and Democrat leadership of the Senate. Frist won't have to worry about any embarrassing filibusters before the election, and the Dems will have dodged another bullet with the nuclear option. The next stage in this neverending war will be fought after the dynamics of the 110th Congress have been ascertained on November 7.

There could have been votes today on Boyle, Myers, and Haynes. As CQ Daily reported on Tuesday, "Votes could come Thursday on Boyle’s and Haynes’ nominations because they have already been held over once."

The reason there was no vote or discussion today re. Boyle is because Kennedy was at a funeral. Myers was discussed, but the quorum evaporated, and so they didn't have a chance to get to Haynes.

Although some may view me as being cynical, I personally view a lot of the SJC hearings and executive meetings as being staged. I think a lot of secret agreements govern these proceedings and their outcomes are predetermined. I will give an example. The Democrats decided that they would stop blocking Kavanaugh, but they had to find a way to appease their liberal constituents. Because of this, they demanded a new hearing for him, knowing full well that his performance at that hearing didn't matter much. Despite an awkward, inarticulate, hesitant display, Kavanaugh was passed out of committee and confirmed.

I firmly believe that a secret agreement is going on now concerning The Controversial Five. In return for Keisler getting confirmed before the election break, the Republicans have agreed to soft-pedal Boyle and company so that they will not get cloture or confirmation votes until after the November 7 election.

Who is right should be easy to determine. On the evening of Friday, September 29, we will know for sure whether or not conservatives have been lied to since late April. If Boyle, Myers, Haynes and Smith have not received cloture or confirmation votes by then, my assumptions will have been born out.

BTW, in regards to one of your previous comments, Andrew - no, I do not think Trott's seat is a "California" seat. I think that seats should be assigned to states based on population. As an example, I believe that the seats in the Fourth Circuit should be readjusted. There should be fewer South Carolina and Virginia judges on that court and more North Carolina judges.

Frist just read out a list of unanimous consent agreements. He talked about a unanimous consent agreement for a floor vote on district court nominee Francisco Besosa of Puerto Rico. I didn't catch the time of the vote.

I concur with BoBo in that there appears to be a staged public meeting for the masses and a private meeting for the SJC. Everything is just a little bit too smooth for me. The two parties are acting very strangely these days. Boyle, the permanent nominee, is delayed once again due to the Kennedy funeral. Please! If Smith was voted out today 10-8, all SJC were present. What is the difference in outcome for Boyle between a 10-8 vote and a 10-7 vote? Both votes move Boyle to the floor with or without Kennedy.

I think the Rep. Senators have been running scared for the last 6 months of the November elections. MAKE NO WAVES is the Frist mantra. There is no outrage by the Rep. Senators on the SJC action or inactions. None whatsoever. I think that only 2 and possibly 3 circuit nominees will be confirmed this month, namely Jordan and possibly Smith and/or Boyle. This will be in keeping with the one in and one out rule that appears to be in effect [3 out of 6]. Frist should perform on himself the world's first spine replacement.

Bush should recess appoint all 6 circuit nominees unless they get an up or down vote by Sept. 30. He can continue to recess appoint them for 2 and 1/4 years. He should recess the nominees to the 9th, 4th and 6th circuits. It is the only move that allowed Pryor, Owens and others to get an up or down vote. Time for W to break the logjam while claiming that he is merely filling judicial emergencies.

Do you really think anything will change in 07 and 08 when Bush is officially a lame duck? The same problematic circuit nominees will be get the same treatment. Recess appointment force the Dems to make deals.

BoBo/Andrew, I agree with a poster in a prior thread that COA seats need to be assigned similar to HOR(and isn't that an acronym?) seats.

The thought that occured to me is that one each of the most highly regarded senior judges from each Circuit; e.g. Silberman, et al; should meet, decide, and then present a plan to the Senate.

Prolly not perfect, but anything has to be better than the current insanity surrounding the Trott & Luttig seats.

..Frist knows that Haynes & Myers don't have 50 votes to confirm, and Boyle likely doesn't either due to a 'secret' deal to confirm Kavanaugh. It's all just posturing now, right or wrong.

Smith would have to be crazy to accept a recess appointment for reasons BoBo has stated previously: He risks losing his pension by giving up his District seat, and he could easily be confirmed if the WH would pull it's head out. Boyle also can't risk his pension at 61 y.o.

The facts that no one wants to acknowledge are that it was REPUBLICANS that sacrificed Boyle, Haynes, & Myers, and it is mainstream conservative commentators like Will, Krauthammer, Limbaugh, Coulter, O'Reilly, Hewitt, etc, that have failed to do even the cursory work that could easily get rebut Feinstein's nonsense about the "California seat".

Committee on the Judiciary: Committee ordered favorably
reported the following business items:
S. 394, to promote accessibility, accountability,
and openness in Government by strengthening section
552 of title 5, United States Code (commonly
referred to as the Freedom of Information Act); and
The nominations of Norman Randy Smith, of
Idaho, to be a United States Circuit Judge for the
Ninth Circuit, Valerie L. Baker, of California, and
Philip S. Gutierrez, of California, each to be a
United States District Judge for the Central District
of California, Francisco Augusto Besosa, to be
United States District Judge for the District of Puerto
Rico, Lawrence Joseph O’Neill, to be United
States District Judge for the Eastern District of California,
and Rodger A. Heaton, to be United States
Attorney for the Central District of Illinois, Department
of Justice.
Also, committee began consideration of the nomination
of William Gerry Myers III, of Idaho, to be
a United States Circuit Judge for the Ninth Circuit,
but did not take final action thereon, and will meet
again on Tuesday, September 26, 2006.

Myers should get out of Committee one way or the other on Tuesday as he was the nomination in progress when they adjourned. They'll probably kick out a few more District Court nominees as well as Haynes and Jordan. Wouldn't hold my breath on Keisler.

Anyone know anything about that note? Misprint? Another Business Meeting to be scheduled for the 28th? Ghost in the machine?

I disagree about Keisler. His hold has been "burned" and therefore he MUST be voted on Tuesday. None of the Democrats have expressed anything negative about him personally, not even Ted Kennedy. I'm sure the Democrats don't want another Republican on the D.C. Circuit, but I also think they basically have given up on worrying about its makeup due to its high percentage of Republican judges (7 to 3 in our favor).

Smith and Keisler are both very well qualified by all who have honestly looked at their records. Now add one full measure of politics. Smith has been held up on either a true technicality or a campaign of misinformation. Keisler is being held up due to the 11th seat excuse. Delay is the key objective and will continue to be so. Right or wrong, justified or unjustified, delay is the Dems goal.

Out of the 6 circuit nominees, only 3 will receive a vote out of the SJC by Oct. 1. Smith is out. Haynes and Myers are toast. Two out of the other three may emerge this upcoming week. Boyle is on the bubble. Specter's word is on the line here.