A couple hours ago, the Senate unanimously confirmed the nomination of Virginia supreme court justice G. Steven Agee to the Fourth Circuit. Nominations to the four remaining Fourth Circuit vacancies—out of a total of 15 seats—remain pending.

The Senate has now confirmed two appellate nominees this year. By contrast, the Republican-controlled Senate confirmed eight of President Clinton’s appellate nominees in his last year in office.

Meanwhile, my skepticism about majority leader Harry Reid’s promise to “do everything within my power to get three judges approved to our circuits before the Memorial Day recess” appears likely to be vindicated, as Reid is now blaming Republicans for a slowdown on the two Sixth Circuit nominees in Michigan who were the subject of a deal between the White House and Senator Levin. But last I heard—and consistent with this ABA report as of a week ago—the ABA judicial-evaluations committee still hadn’t completed its review of Levin’s former cousin-in-law, Helene White. Democrats had previously vowed not even to hold a hearing on a nominee, much less have a vote on final confirmation, before receiving the ABA’s rating. In any event, if Reid were serious about his promise, he could work to move other nominees.