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Bench Memos

NRO’s home for judicial news and analysis.

What About Judge Boyle?



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As I reported a month ago, the Senate leadership’s game plan was to “turn to floor action in May on the long-pending nomination of Terry Boyle to the Fourth Circuit and/or the long-pending nomination of Brett Kavanaugh to the D.C. Circuit.” Unfortunately for Judge Boyle’s immediate plans, Senate leadership has adopted the “or” alternative from the “and/or” choice and will be proceeding with Kavanaugh’s nomination, but not Boyle’s, in May. So Judge Boyle’s incredibly long trek to the Fourth Circuit (he was first nominated to that court by President George H.W. Bush in 1991 and renominated in May 2001) continues.

Judge Boyle, incidentally, has been unanimously rated “well qualified” by the ABA, which can hardly be accused of being overly generous to conservatives. So it’s particularly difficult to understand why North Carolina’s two Republican senators — Richard Burr and Elizabeth Dole — can’t get action on Boyle’s nomination.



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