Bench Memos

Non-Nominee Withdraws Non-Nomination? Blame Republicans!

The Detroit News has reported (accurately, I trust) that county judge David Allen “has withdrawn his name from consideration for an opening in Detroit’s federal court” after waiting nearly two years for President Obama to act on the recommendation by Michigan’s senators that Obama nominate Allen. 

You’d think that report would provide cause for folks on the Left to complain about how incredibly slow Obama is in making nominations. (Ah, the silver lining of incompetence around the threatening cloud of leftist ideology.)  But one lefty self-styled news organization in Michigan is instead misreporting that Allen “has withdrawn his name from consideration after being nominated by President Obama almost two years ago” and blaming Senate Republicans for inaction on the non-nominee. And the American Constitution Society also somehow sees in Obama’s non-nomination of Allen only an occasion to complain about Senate delays in confirmation of actual nominees.

Update: I’m pleased to pass along that the Michigan news organization has appended a prominent correction to its report—which correction includes the candid statement, “Obviously, it is unreasonable to blame the Republicans in the Senate for obstructing the nomination of someone who has not yet been nominated”—and that the American Constitution Society has added a clarifying note.

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