Few Signs of Progress

I don’t view Senator Leahy’s announcement of hearings for Sixth Circuit nominees Ray Kethledge and Helene White as a “downpayment” on much of anything, and certainly not as evidence that he plans to move many appellate nominations, let alone meet the Democratic leadership’s commitment to confirm three appellate nominees by Memorial Day.  At best, as this story suggests, it’s a sign that Leahy wants to fill this commitment by rushing through nominees that Democrats had already agreed to confirm — these two, plus fourth Circuit nominee Stephen Agee, who has a hearing scheduled for next week.  Other nominees, such as Peter Keisler for the D.C. Circuit and Fourth Circuit nominees Robert Conrad and Steve Matthews have been waiting for months, and merit action forthwith.

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

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