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Judicial Confirmation Crisis Blogs RNLA Logo

Welcome to the RNLA's new Blog on the Judicial Confirmation Crisis. We trust that all users will conduct their activities here with the highest degree of professionalism and sensitivity. As a free exchange, both this area and the information contained in it are neither endorsed nor officially sanctioned by RNLA.


Monday, August 07, 2006

 

Senate Returns Judicial Noms to President

The Senate begin their August recess last Thursday, and as a result, judicial nominees Boyle, Myers, Haynes, Smith and Wallace who were awaiting a floor vote were returned to the President to be renominated after the recess. Confirmthem.com writes that per Senate rules:

"Nominations neither confirmed nor rejected during the session at which they are made shall not be acted upon at any succeeding session without being again made to the Senate by the President; and if the Senate shall adjourn or take a recess for more than thirty days, all nominations pending and not finally acted upon at the time of taking such adjournment or recess shall be returned by the Secretary to the President, and shall not again be considered unless they shall again be made to the Senate by the President."

Typically this procedure is waived by unanimous vote, however this did not occur before the recess adjournment. This may open the possibility that one or more of the nominees may ask not to be renominated in September.


Comments:
Over on ConfirmThem.com Andrew Hyman has an excellent post on why the judges, including William Myers, should be re-nominated. It says, in part, "The suggestion that Myers should be abandoned right now might have some slight merit if all reasonable options under the Senate rules had been exhausted for getting Myers a post-Deal vote in the full Senate. But all such options have NOT been exhausted. The Third Branch Conference and other interested groups are preparing to launch an effort in September to use the Senate rules in order to demand that the Senate go into executive session and consider nominees pending before the full Senate. Such a demand is not filibusterable. Then any sixteen Senators would sign a cloture petition, and so there could then be a cloture vote on people like Myers, Boyle, Smith, and any other nominee who has been reported out of committee."
Many of these highly qualified nominees have been waiting way too long to be abandoned. The Senate GOP should do whatever it can to give these nominees a fair up-or-down vote.
 
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