Senate Returns Three Nominees

by Jonathan H. Adler

Apparently the Senate took the unusal step of returning three judicial nominations — William Myers, Terrence Boyle, and Randy Smith — to the White House at the start of the August Recess.’s Andrew has the details here .  Unanimous consent is required to hold nominees over a recess, and apparently some Democrats did not provide their consent.  The President can renominate all three when the Senate comes back in Setpember, so the move does not necessarily prevent a vote on any of them, but it is nonetheless a rare move.  I also think it demonstrates that Senate Democrats are not particularly concerned about the judge issuehurting them this November, as it had in years past.