Bench Memos

NRO’s home for judicial news and analysis.

The Senate Game Plan


According to a senior staffer in Senate leadership, the Senate will likely 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. The Kavanaugh nomination is still before the Judiciary Committee, but should be reported to the floor soon.

Meanwhile, the nomination of William Myers to the Ninth Circuit is stalled, as some Republican senators are sorting out how his testimony on one issue meshes with the documentary record.

According to a very knowledgeable non-Senate source, the news is much worse for Fourth Circuit nominee William Haynes: Senator McCain is committed to stopping Haynes’s confirmation, and Senator Graham, as a favor to Senator McCain, will keep the nomination from being reported out of committee. If this news is accurate, it would appear that there is no hope for Haynes’s nomination.


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