Slow Going

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.

Jonathan H. Adler — Jonathan H. Adler is the inaugural Johan Verheij Memorial Professor of Law and Director of the Center for Business Law & Regulation at the Case Western Reserve University School of ...