Bench Memos

Kavanaugh’s Nomination on Indefinite Hold

Bad news for Brett Kavanaugh: Perhaps I’ve missed it in the papers, but I am reliably informed by a very knowledgeable Senate staffer that the Senate Judiciary Committee is holding Kavanaugh’s nomination until another vacancy develops on the D.C. Circuit.

I gather that this hold has something to do with the longstanding dispute over whether the D.C. Circuit needs 12 active judges. Janice Rogers Brown became the 10th active member of that court, and Tom Griffith is in line to become the 11th.

I haven’t heard which Republican senator (or, possibly, senators) on the Judiciary Committee is combining with Democrats to hold Kavanaugh’s nomination. I do have a guess in mind, and it’s not Chairman Specter.

I have no information on whether another vacancy is likely soon. Does anyone?

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