Bench Memos

Law & the Courts

‘Sixth Circuit Nominees Propose Idea to Break Michigan Deadlock’

My new Confirmation Tales post explores the deal that George W. Bush’s White House reached with Senator Carl Levin of Michigan in 2008 to break a deadlock over Sixth Circuit nominees. Under the deal, Bush nominated Levin’s former cousin-in-law (and former Clinton nominee) Helene White to the seat that he had first nominated Stephen Murphy to. In return, Levin supported the confirmation of Raymond Kethledge (as well as White) to the Sixth Circuit and the confirmation of Murphy to a district judgeship.


I believe that my post is the first public report that it was Kethledge and Murphy who brainstormed the idea for the deal. I also explain why the deal turned out to be quite a good bargain for legal conservatives.

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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