I haven’t paid any attention to law professor—and possible Supreme Court candidate— Cass Sunstein’s nomination to be head of the Office of Information and Regulatory Affairs in the Office of Management and Budget. But I’m struck to learn that he was confirmed today by only a 57-40 vote, with the 40 no votes including five Democratic senators: Begich of Alaska, Lincoln and Pryor of Arkansas, Nelson of Nebraska, and Webb of Virginia. Lincoln, Pryor, and Webb were also among the 35 votes yesterday against cloture on Sunstein’s nomination.
These votes would seem to signal that Sunstein would be a very controversial Supreme Court nominee.
Update (9/11): I overlooked the fact that independent Bernie Sanders of Vermont, who caucuses with the Democrats, also voted against Sunstein.