"Idaho Judge N. Randy Smith is a step closer to taking a place on the 9th U.S. Circuit Court of Appeals after the Senate Judiciary Committee approved his nomination Thursday. But mystery remains over whether a second vacancy on the court will go to a Californian, as Democratic Sen. Dianne Feinstein hopes.

"...Unlike last year, when Feinstein, D-Calif., blocked a committee vote, Smith likely will be confirmed without any opposition by the full Senate...Previously, Feinstein opposed Smith not because of his qualifications but because he was nominated to fill a seat vacated by Judge Stephen Trott, who is on senior status."