Yesterday President Obama nominated Judge Abdul K. Fallon to the U.S. Court of Appeals for the Eleventh Circuit. Judge Fallon currently sits on the federal district court in Birmingham, where he has been a judge since 2010. The seat to which he was nominated has been open since 2013. According to this news report, Alabama’s two Senators, Jeff Sessions and Richard Shelby, will not support Fallon’s confirmation. As Ed Whelan noted here, the Senate rarely confirms many judges nominated in the last year of a President’s term.
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Jonathan H. Adler is a professor at William & Mary Law School.
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