Judge Boyle Didn't Go Gentle Into That Good Night
Here is some late-breaking judicial nomination news:
1. An update to our prior coverage of the withdrawal of the "Radioactive Four." As one of you points out, it seems that Judge Terrence Boyle (E.D.N.C.), nominated to the Fourth Circuit, wanted to continue fighting.
From the latest version of the AP story:
William Haynes, William G. Myers III and Michael Wallace all asked to have their appointments withdrawn, these officials said. Judge Terrence Boyle was informed of the White House's decision, according to an ally....Lars H. Liebeler, a Washington lawyer, said in a telephone interview that Boyle, unlike Wallace, Haynes and Myers, did not submitted a letter asking to be withdrawn but was told of the president's intentions.
This makes some sense. Considering that Judge Boyle (above right) is (1) 61 years old and (2) already a sitting federal judge, he's not really going anywhere -- and he doesn't have much to lose from further fighting. But the White House apparently decided that continuing to push his nomination, in a Senate controlled by the Democrats, wasn't worth the possible loss of face (or expenditure of political capital).
2. The White House released two more slates of judicial nominees today. See here and here.
The most notable and/or controversial nominees:
(a) Judge Thomas Hardiman (W.D. Pa.), renominated to the Third Circuit, who is the subject of a tempest in a teapot (item #3);(b) Peter Keisler (OT 1988/Kennedy), renominated to the D.C. Circuit, who isn't problematic personally, but has a "seat issue" (for years Republicans were saying that the last seat on the D.C. Circuit is unnecessary);
(c) Judge Vanessa Lynne Bryant, renominated to the District of Connecticut, who received an "unqualified" rating from the ABA; and
(d) James Rogan, renominated to the Central District of California, who once served as a floor manager in the Clinton impeachment fight, back when he was in the House of Representatives.
These nominees aren't THAT controversial, at least compared to the Radioactive Four. We think that they ultimately can (and should) make it through the Senate Judiciary Committee, then win confirmation by the full Senate.
But the ascendant Democrats may want to flex their muscles. And one way to do so would be by delaying, or defeating, one of these nominations.
3. Here's an AP article about Leslie Southwick, nominated to the Fifth Circuit seat formerly held by Judge Charles Pickering Sr. (the seat that Michael Wallace was up for, before he withdrew).
Southwick is a former state appellate judge in Mississippi. As Howard Bashman notes, maybe the third time will be the charm for this hard-to-fill seat.
Bush Judicial Nominees Ask to Withdraw [Associated Press]
Senators say Bush nominating Southwick for 5th Circuit [Associated Press]
Nominations Sent to the Senate for the Judiciary [White House via How Appealing]
Nominations Sent to the Senate [White House via How Appealing]
Earlier: And They Will Back Down
(4) 
Are you going to trust something in writing that's attributed to a "Lars H. Liebeler"? That sounds like the name of a character on my torts exam.
David, Judge Southwick is still serving on the Mississippi Court of Appeals. That's the "lesser" of the two appellate courts in Mississippi (he ran once for the state supreme court but lost).
While Judge Southwick's conservative credentials cannot be questioned, the thing that wows people on all sides of the aisle (including me, on the progessive side) is his gigantic brain. He teaches admin law and statutory interpretation at the Mississippi College School of Law, and he's got at least a smattering of great law review articles bouncing around (several focusing on the history of the Mississippi judicial system).
So far opposition to the judge comes fro a valid, but generalized, angle. The Magnolia Bar (Mississippi's primarily African-American bar association) is opposing him because of the stunning lack of diversity in Mississippi and Fifth Circuit positions (i.e., we have one African-American district judge in Mississippi--and he was appointed by REAGAN. No, seriously).
Most folks expect Judge Southwick to be easily confirmed because he can't be painted with the "crazy right-winger, possibly racist" brush that Judge Pickering and Mike Wallace got.
Gorjus: I don't think that's right. The AP article says that Leslie Southwick "left the court in January." If you go to the website for the Mississippi Court of Appeals, he is not listed as a member: http://www.mslawyer.com/mssc/appct.html
Anon, you're right--the judge that took his spot, Vanessa Carlton, was just elected (I'd somehow forgotten about that).