Bench Memos

Sen. Menendez Backs Down

Politico reports Senator Robert Menendez has dropped his opposition to the nomination of Magistrate Judge Patty Shwartz to the U.S. Court of Appeals for the Third Circuit.  The Senator was allegedly concerned about her understanding of constitutional law.


Menendez said he and Shwartz had an “in-depth discussion” earlier Friday and Menendez says he’ll now allow Shwartz’s nomination to proceed. In a statement, the New Jersey senator said Shwartz “satisfactorily” responded to questions he had on legal matters including the First Amendment rights of corporations and constitutional limits on executive branch powers.

“She adequately allayed my earlier concerns, and I will be returning my blue slip,” said Menendez, who had vehemently denied that he was holding up Shwartz’s nomination because of her personal ties.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


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