Bench Memos

Two Appellate Nominees Held Over; Six in Trouble?

On Thursday, the Senate Judiciary Committee postponed votes on two nominees to federal appellate courts: former Kansas Attorney General Steven Six, who was nominated to the U.S. Court of Appeals for the Tenth Circuit, and assistant U.S. Attorney Stephen Higginson, who was nominated to the U.S. Court of Appeals for the Fifth Circuit.  This is the second time the Committee has held over consideration of Six, who is opposed by both of his home state senators.  This could spell trouble for the Six nomination.  Higginson, on the other hand, has some bipartisan support, and is likely to be approved by the Committee next week, and the full Senate some time thereafter.

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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