Not a great move. Unless recess appts are in the cards.

According to "How Appealing", the Senate has returned five federal appellate court nominations to the White House. I have been told that when a recess is 30 days or longer, nominations are supposed to be returned to the White House. The Senate could have overridden that little rule but apparently didn't. So back they go to the President's desk.

One of the following options has to be true:

-- The Senate does not want to deal with these nominees, afraid of controversy in a tough election year and suffering from a huge case of amnesia as to what got them through the last two tough election cycles. (HINT: It wasn't Iraq or immigration.)

-- The Senate wanted to send a signal to the White House to either fight for its nominees and take the heat or get out of the kitchen.

-- The White House wants to make a HUGE issue out of the nominations and has decided to recess appoint these worthy nominees.

-- They all have been on some serious happy gas and believe that the Iraq issue or the immigration issue will pull them through in November. Or maybe it is the list of accomplishments circling around in email boxes.

Either way, they do not seem to recognize that THE most important Supreme Court seat could be up at any time. Losing seats in the Senate is not the most helpful option this November and if this course of action continues, I sure hope they do not look back in utter confusion as to what happened at the polls. This is the only issue that unites the base -- they will ignore it at their own peril.

Here's what How Appealing said:
http://howappealing.law.com/080406.html#016763

U.S. Senate returns five federal appellate court nominations to President Bush: Technically, at least as of this moment, you can no longer accurately refer to Terrence W. Boyle and William J. Haynes II as current nominees to the Fourth Circuit, you can no longer accurately refer to Michael B. Wallace as a current nominee to the Fifth Circuit, and you can no longer accurately refer to William Gerry Myers III and N. Randy Smith as current nominees to the Ninth Circuit. Details here and here (via "Confirm Them").