At yesterday’s Senate Judiciary Committee business meeting only one appellate nominee, Randy Smith, was voted out. It was a party line vote because Senator Dianne Feinstein opposes his confirmation, insisting that he has been appointed to a “California seat” on the U.S. Court of Appeals for the Ninth Circuit. Smith is from Idaho — where the judge he would replace currently sits. Nonetheless, Feinstein is reportedly threatening to filibuster. (Filibustering because a judge is from the wrong state? Senator Feinstein, meet Senator Helms.) The committee also voted out four district court nominees, as reported on ConfirmThem . Perhaps there will be more action, including votes on Keisler and Jordan, at the next business meeting on Tuesday.

About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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