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.

Bench Memos

NRO’s home for judicial news and analysis.