There is zero reason for President Bush not to resubmit judicial nominations for the Senate’s lame-duck session. Those nominations were returned to the White House only as a result of Senate Democrats’ extraordinary refusal to provide the routine unanimous consent needed to keep those nominations in the Senate during an intrasession recess. As I understand it, that refusal is unprecedented—except for the Democrats’ same stunt before the August recess. (If I am mistaken on this point, I invite correction.) So renomination, far from being cause for controversy, would merely restore the status quo that, but for Democrats’ cheap gimmicks, would still be in effect.

About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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