Bench Memos

“Newest Nominee”?!?

The AP reports that Senator Salazar is unhappy with one of President Bush’s “newest nominees” to the federal bench, Judge Terrence Boyle, because he does not believe Judge Boyle is “qualified” to sit on a federal appellate court. But Salazar says this does not mean he will necessarily support a filibuster of Judge Boyle’s nomination. The most shocking thing about the story, however, is reference to Judge Boyle as a “new nominee.” There is nothing new about this nomination. Judge Boyle was one of the very first people President George W. Bush nominated to the federal bench in May 2001. Before that, Judge Boyle was first nominated to the Fourth Circuit by Bush’s father, in 1991. Judge Boyle’s nomination is not “new.” To the contrary, his is likely the longest delayed confirmation in Senate history.

Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

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