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      <title>Sixth Circuit Appellate Blog - Judicial Appointments and Vacancies</title>
      <link>http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/</link>
      <description>Squire Sanders Law Firm: Sixth Circuit Court: Appellate Law Lawyers &amp; Attorneys</description>
      <language>en</language>
      <copyright>Copyright 2011</copyright>
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      <pubDate>Tue, 20 Dec 2011 14:45:49 -0500</pubDate>
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         <title>UPDATE ON JUDGE DONALD&apos;S CONFIRMATION PROCESS</title>
         <description><![CDATA[<p>After our <a href="http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/confirmation-of-sixth-circuit-judges-receives-scrutiny/">post</a> yesterday regarding the Sixth Circuit confirmation process, a reader alerted me to an <a href="http://www.commercialappeal.com/news/2011/aug/03/us-district-judge-bernice-donald-faces-confirmatio/">article</a> in the Memphis Commercial Appeal that indicates that Judge Donald will receive a confirmation vote by the Senate on September 6.&nbsp; Judge Donald was unanimously reported out favorably by the Senate Judiciary Committee in early May and has been waiting since then for the full confirmation vote.&nbsp; It appears that she&rsquo;s one step closer to that and we will continue to monitor any developments.</p>]]></description>
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         <category domain="http://www.sixthcircuitappellateblog.com/">Judicial Appointments and Vacancies</category>
         <pubDate>Thu, 04 Aug 2011 13:34:25 -0500</pubDate>
         <dc:creator>Pierre Bergeron</dc:creator>

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         <title>CONFIRMATION OF SIXTH CIRCUIT JUDGES RECEIVES SCRUTINY</title>
         <description><![CDATA[<p>We have previously <a href="http://www.sixthcircuitappellateblog.com/admin/mt-search.cgi?IncludeBlogs=47&amp;limit=20&amp;search=donald">reported</a> on the confirmation status of Judge Bernice Donald, who President Obama nominated for the seat vacated by Senior Circuit Judge Gilman.&nbsp; Professor <a href="http://law.richmond.edu/people/faculty/ctobias/">Carl Tobias</a> has written an interesting article about the confirmation process as it relates to circuit judges in the current Senate.&nbsp; In this <a href="http://writ.news.findlaw.com/commentary/20110801_tobias.html">article</a>, he focuses specifically on the Sixth Circuit with respect to the recent nomination and confirmation process of Judge Stranch, including a comparison of her experience with that of Judge Donald.&nbsp; As we slowly inch towards another election year, it remains to be seen whether the Senate will act on any circuit judge nominations, which could potentially leave the Sixth Circuit with a lingering open seat indefinitely.&nbsp; The Sixth Circuit has in recent memory fallen victim to Senate confirmation stalemates, including several years ago when it was down to only eight active judges.&nbsp; Fortunately, the Court is not presently facing anything that dire (15 of 16 slots are filled), but we all benefit when it has a full complement of active judges.&nbsp; We will continue to monitor any developments regarding Judge Donald&rsquo;s confirmation process.</p>]]></description>
         <link>http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/confirmation-of-sixth-circuit-judges-receives-scrutiny/</link>
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         <category domain="http://www.sixthcircuitappellateblog.com/">Judicial Appointments and Vacancies</category>
         <pubDate>Wed, 03 Aug 2011 14:54:54 -0500</pubDate>
         <dc:creator>Pierre Bergeron</dc:creator>

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         <title>Judge Bernice Bouie Donald&apos;s Confirmation to the Sixth Circuit Again Held Over</title>
         <description><![CDATA[<p>On May 5, 2011, a vote on Judge Bouie Donald's&nbsp;confirmation to a seat on&nbsp;Sixth Circuit Court of Appeals was held over -- again -- because a quorum of the Senate Judiciary Committee was not present.&nbsp;</p>
<p>Judge Donald, who currently sits as a distrit court judge on the U.S. District Court for the Western District of Tennessee&nbsp;was nominated last December to fill the vacancy created when Judge Ronald Lee Gilman took senior status.&nbsp;Judge Donald's nomination, confirmation hearing, and the first delay of consideration of her nomation are reported previously on this blog&nbsp;<a href="http://www.sixthcircuitappellateblog.com/admin/mt-search.cgi?IncludeBlogs=47&amp;limit=20&amp;search=bouie">here</a>.</p>]]></description>
         <link>http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/judge-bernice-bouie-donalds-confirmation-to-the-sixth-circuit-again-held-over/</link>
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         <category domain="http://www.sixthcircuitappellateblog.com/">Judicial Appointments and Vacancies</category>
         <pubDate>Fri, 06 May 2011 17:41:09 -0500</pubDate>
         <dc:creator>Amy Cadle Hocevar</dc:creator>

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         <title>Judge Bouie Donald&apos;s Confirmation for Sixth Circuit Judge Held Over</title>
         <description><![CDATA[<p>On&nbsp;Thursday,&nbsp;the Senate Judiciary Committee held an executive business meeting to consider pending nominations and legislation.&nbsp; The confirmation of Bernice Bouie Donald for United States Circuit Judge for the Sixth Circuit was held over.</p>
<p>Bouie Donald has been nominated to fill the seat left vacant by Judge Ronald Lee Gilman, who recently took senior status.&nbsp; Judge Donald currently sits as a district court judge on the U.S. District Court for the Western District of Tennessee, to which she was appointed in 1995 by President Clinton.&nbsp; More information on Judge Donald was reported previously <a href="http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/judge-bernice-bouie-donald-nominated-for-sixth-circuit/" target="_blank">here</a>, and <a href="http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/senate-judiciary-commitee-scheduled-on-wednesday-to-consider-nomination-of-judge-bernice-bouie-donal/" target="_blank">here </a>and <a href="http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/confirmation-hearing-held-for-sixth-circuit-judicial-candidate-bernice-bouie-donald/" target="_blank">here</a>.&nbsp; We will continue to keep you updated on the status of her confirmation.</p>]]></description>
         <link>http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/judge-bouie-donalds-confirmation-for-sixth-circuit-judge-held-over/</link>
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         <category domain="http://www.sixthcircuitappellateblog.com/">Judicial Appointments and Vacancies</category>
         <pubDate>Fri, 15 Apr 2011 20:39:56 -0500</pubDate>
         <dc:creator>Saber VanDetta</dc:creator>

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         <title>Confirmation Hearing Held for Sixth Circuit Judicial Candidate Bernice Bouie Donald</title>
         <description><![CDATA[<p>On Wednesday, the Senate Judiciary Committee considered the nomination of Judge Bernice Bouie Donald&nbsp;to fill&nbsp;the vacancy&nbsp;created on the Sixth Circuit when Judge Ronald Lee Gilman took senior status.&nbsp; Judge Donald currently sits as a district court judge on the U.S. District Court for the Western District of Tennessee, to which she was appointed in 1995 by President Clinton.&nbsp; More information on Judge Donald&nbsp;was reported previously <a href="http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/senate-judiciary-commitee-scheduled-on-wednesday-to-consider-nomination-of-judge-bernice-bouie-donal/">here</a> and <a href="http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/judge-bernice-bouie-donald-nominated-for-sixth-circuit/">here</a>.</p>
<p>The hearing lasted a remarkably short 20 minutes, with Senator Chuck Schumer&nbsp; the only Senator to question Judge Donald.&nbsp; As reported in&nbsp;<a href="http://www.sixthcircuitappellateblog.com/pdf/the%20Memphis%20Commercial%20Appeal.mht">the Memphis Commercial Appeal (PDF)</a>, Judge Donald answered questions relating to her "experience on the bench, whether her race influences her decisions, and her ruling in a local schools case that was later overturned by the appeals court on which she soon may sit."&nbsp; A webcast of Judge Donald's complete confirmation hearing is available <a href="http://www.senate.gov/fplayers/CommPlayer/commFlashPlayer.cfm?fn=judiciary031611&amp;st=xxx">here</a>.</p>
<p>The Committee usually votes on judicial nominations a few days or weeks after the nominee's hearing at which point approved nominations will be sent to the full Senate for approval.</p>]]></description>
         <link>http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/confirmation-hearing-held-for-sixth-circuit-judicial-candidate-bernice-bouie-donald/</link>
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         <category domain="http://www.sixthcircuitappellateblog.com/">Judicial Appointments and Vacancies</category><category domain="http://www.sixthcircuitappellateblog.com/">News and Analysis</category>
         <pubDate>Sun, 20 Mar 2011 21:23:07 -0500</pubDate>
         <dc:creator>Amy Cadle Hocevar</dc:creator>




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         <title>Senate Judiciary Committee Scheduled on Wednesday to Consider Nomination of Judge Bernice Bouie Donald to Replace Retiring Judge Gilman</title>
         <description><![CDATA[<p>On Wednesday, the Senate Judiciary Committee is <span style="text-decoration: underline;"><a href="http://www.washingtonblade.com/2011/03/13/senate-hearing-set-for-gay-judicial-nominee/">scheduled</a></span> to hold a hearing to consider the nomination of Judge Bernice Bouie Donald to replace retiring Judge Ronald Lee Gilman on the Sixth Circuit.&nbsp;</p>
<p>President Obama originally nominated Judge Donald on December 1, 2010, but the Senate Judiciary Committee was <span style="text-decoration: underline;"><a href="http://www.commercialappeal.com/news/2011/mar/11/hearing-us-bernice-donalds-appellate-court-nominat/">unable to conduct a hearing</a></span> on Judge Donald&rsquo;s nomination before the 111th Congress adjourned.&nbsp;&nbsp;President Obama <span style="text-decoration: underline;"><a href="http://judicialnominations.org/pending-nominees">re-nominated</a></span> Judge Donald on January 5, 2011.&nbsp;&nbsp;&nbsp;&nbsp;</p>
<p>As we <span style="text-decoration: underline;"><a href="http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/judge-bernice-bouie-donald-nominated-for-sixth-circuit/">previously reported</a></span> back in December when she was first nominated, Judge Donald currently sits as a <a href="http://www.tnwd.uscourts.gov/JudgeDonald/">district court judge</a> on the U.S. District Court for the Western District of Tennessee, to which she was appointed in 1995 by President Clinton.&nbsp; Judge Donald is a graduate of the University of Memphis Law School and has more than <a href="http://www.myfoxmemphis.com/dpp/news/local/120110-president-obama-nominates-judge-bernice-donald-for-top-judicial-job">28 years of judicial experience</a>.&nbsp;&nbsp;</p>
<p>A very detailed public questionnaire for Judge Donald is available <a href="http://judiciary.senate.gov/nominations/112thCongressJudicialNominations/upload/BerniceDonald-PublicQuestionnaireUpdate.pdf">here</a>.</p>
<p>Judge Donald is President Obama's <a href="http://www.ca6.uscourts.gov/internet/court_of_appeals/courtappeals_judges.htm">second nominee</a> to the Sixth Circuit.&nbsp; His first nominee, Judge Jane Branstetter Stranch, was&nbsp;commissioned as a circuit judge on September 15, 2010.</p>]]></description>
         <link>http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/senate-judiciary-commitee-scheduled-on-wednesday-to-consider-nomination-of-judge-bernice-bouie-donal/</link>
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         <category domain="http://www.sixthcircuitappellateblog.com/">Judicial Appointments and Vacancies</category><category domain="http://www.sixthcircuitappellateblog.com/">News and Analysis</category>
         <pubDate>Mon, 14 Mar 2011 22:51:19 -0500</pubDate>
         <dc:creator>Steve Delchin</dc:creator>

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         <title>Judge Bernice Bouie Donald Nominated for Sixth Circuit</title>
         <description><![CDATA[<p>On December 1, 2010, President Obama <a href="http://www.whitehouse.gov/the-press-office/2010/12/01/president-obama-nominates-judge-bernice-bouie-donald-united-states-court">nominated</a> Judge Bernice Bouie Donald to replace retiring Judge Ronald Lee Gilman on the Sixth Circuit.&nbsp; Judge Donald currently sits as a <a href="http://www.tnwd.uscourts.gov/JudgeDonald/">district court judge</a> on the U.S. District Court for the Western District of Tennessee, to which she was appointed in 1995 by President Clinton.</p>
<p>In announcing the nomination, President Obama stated: "Judge Donald has shown an outstanding commitment to public service  throughout her career and as a District Judge in Tennessee.&nbsp;&nbsp;<strong></strong>I am proud to nominate her today for a seat on the United States Court  of Appeals and I am confident she will serve the American people with  distinction."</p>
<p>Born and raised in Mississippi, Judge Donald graduated in 1974 from Memphis State  University (now the University of Memphis) and received her law degree in 1979 from the Cecil C. Humphreys School of Law at Memphis State  University.<br /> &nbsp;<br /> After graduating from law school, Judge Donald worked variously as sole  practitioner, a staff attorney at Memphis  Area Legal Services, and an attorney for the Shelby County Public Defender's  Office.&nbsp; In 1982, Judge Donald was elected to serve as a judge on the  Court of General Sessions in Shelby County, making her the first female  African-American judge in the history of Tennessee.&nbsp; Similarly, Judge Donald became  the first female African-American federal bankruptcy judge in the  United States when she was appointed in 1988 to that position by the Court of Appeals  for the Sixth Circuit.</p>
<p>Judge Donald is President Obama's <a href="http://www.ca6.uscourts.gov/internet/court_of_appeals/courtappeals_judges.htm">second nominee</a> to the Sixth Circuit.&nbsp; She follows Judge Jane Branstetter Stranch,&nbsp;who was nominated by the President in August 2009 and was commissioned as a circuit judge on September 15, 2010.</p>]]></description>
         <link>http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/judge-bernice-bouie-donald-nominated-for-sixth-circuit/</link>
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         <category domain="http://www.sixthcircuitappellateblog.com/">Judicial Appointments and Vacancies</category><category domain="http://www.sixthcircuitappellateblog.com/">News and Analysis</category>
         <pubDate>Fri, 03 Dec 2010 13:40:52 -0500</pubDate>
         <dc:creator>Bruce Khula</dc:creator>

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         <title>Sixth Circuit&apos;s Newest Judge Confirmed</title>
         <description><![CDATA[<p><img style="float: left; margin: 5px; border: black 1px solid;" src="http://www.sixthcircuitappellateblog.com/images/JaneBranstetterStranch.jpg" alt="JaneBranstetterStranch.jpg" width="90" height="131" /></p>
<p>After a record-breaking wait of more than one year, Jane Branstetter Stranch has been&nbsp;confirmed by the U.S. Senate to the Sixth Circuit vacancy left when Judge Daughtrey assumed senior status.&nbsp;&nbsp; <a href="http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=111&amp;session=2&amp;vote=00230">The Senate voted 71 to 21 </a>in favor of&nbsp; Stranch, who has waited longer than any other Obama nominee for confirmation from the Senate, <a href="http://www.nashvillepost.com/news/2010/9/13/stranch_confirmed_to_us_court_of_appeals">the Nashville Post reports</a>.</p>
<p>Stranch was born on Sept. 17, 1953 in Nashville and received her undergraduate and law degree from Vanderbilt University and Vanderbilt School of Law, respectively.</p>
<p>Her law practice centered around labor and employment law, specializing in ERISA litigation. For more on Stranch's background, click&nbsp;<a href="http://www.sixthcircuitappellateblog.com/files/JANE%20BRANSTETTER%20STRANCH.mht">here. (PDF)</a></p>
<p>With the confirmation of Judge Stranch, the Sixth Circuit once again has a full complement of 16 active judges. In recent years, the Sixth Circuit has had close to 16, but about a decade ago, it was down in the single digits. With the Circuit again at full strength, practitioners can expect cases to move a bit faster than in some prior years.</p>]]></description>
         <link>http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/amys-entry/</link>
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         <category domain="http://www.sixthcircuitappellateblog.com/">Judicial Appointments and Vacancies</category>
         <pubDate>Mon, 13 Sep 2010 11:27:47 -0500</pubDate>
         <dc:creator>Amy Cadle Hocevar</dc:creator>










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         <title>Senior Judge James L. Ryan to Retire in September</title>
         <description><![CDATA[<p>Senior Judge James L. Ryan, known for his numerous dissents, announced that he is&nbsp;<a href="http://michiganlawyerblog.wordpress.com/2010/05/27/6th-cir-judge-james-ryan-retiring-in-sept/">retiring </a>from the Sixth Circuit Court of Appeals in September 2010.&nbsp;</p>
<p>Ryan has been on the Sixth Circuit since 1985 when he was <a href="http://judgepedia.org/index.php/James_Ryan">nominated&nbsp;</a>by President Ronald Reagan.&nbsp; Before that, Ryan spent ten years as an associate justice on the <a href="http://www.legalnews.com/jackson/686671">Michigan Suprme Court</a>, and nine years as a <a href="http://www.legalnews.com/jackson/686671">county judge&nbsp;</a>in Michigan.&nbsp;&nbsp;Ryan began his judicial career as a <a href="http://www.legalnews.com/jackson/686671">justice of the peace</a> in 1963.&nbsp;</p>
<p>As Ryan admits to <a href="http://www.legalnews.com/Detroit/691113">LegalNews.com</a>,&nbsp;&ldquo;I write a lot of dissents. . . . It&rsquo;s not unusual.&rdquo;&nbsp;</p>
<p>One of Ryan&rsquo;s most notable dissents came in <em><span style="text-decoration: underline;"><a href="http://www.nd.edu/~dbetson/courses/documents/PoletownVDetroit.pdf">Poletown Neighborhood Council v. Detroit</a></span></em>,&nbsp;where the Michigan Supreme Court greatly expanded the scope of the eminent domain power by upholding the City of Detroit&rsquo;s authority to seize land for the benefit of a private corporation--in that case, General Motors.&nbsp;</p>
<p>The year was 1981, when the U.S. was in the grips of its last major recession.&nbsp; Unemployment in Detroit hovered at a horrendous <a href="http://www.legalnews.com/Detroit/691113">28 percent</a>, and there was immense political pressure on the city to create jobs (which GM promised).&nbsp;</p>
<p>Although he was an elected judge at the time, Ryan nevertheless took the bold step of <a href="http://www.nd.edu/~dbetson/courses/documents/PoletownVDetroit.pdf">dissenting</a>, concluding that the majority had subordinated a constitutional right to private corporate interests.</p>
<p>More than two decades later, in 2004, Ryan&rsquo;s dissenting position was vindicated when the Michigan Supreme Court in <a href="http://courts.michigan.gov/supremecourt/Clerk/Opinions-03-04-Term/124070.pdf"><em>Wayne County v. Hathcock</em>&nbsp;</a>overruled <em><a href="http://www.nd.edu/~dbetson/courses/documents/PoletownVDetroit.pdf">Poletown</a></em>.&nbsp; The court in <a href="http://courts.michigan.gov/supremecourt/Clerk/Opinions-03-04-Term/124070.pdf"><em>Hathcock</em> </a>adopted Ryan&rsquo;s <a href="http://www.nd.edu/~dbetson/courses/documents/PoletownVDetroit.pdf"><em>Poletown</em> </a>rationale and held that economic development was not a valid public use to authorize the state to transfer property from one private party to another.</p>
<p>Will Judge Ryan issue a last great dissent during his&nbsp;final&nbsp;weeks on the bench?&nbsp;&nbsp;We'll keep you posted.</p>
<p>View&nbsp;Judge Ryan's full bio, after the jump.</p>]]><![CDATA[<p><strong><a href="http://judgepedia.org/index.php/James_Ryan">Bio </a>of Senior Judge James L. Ryan</strong></p>
<ul>
<li>Born in Detroit, Michigan.</li>
<li>Bachelor of Laws degree, Detroit Mercy Law&nbsp;(1956).</li>
<li>Bachelor's degree, University of Detroit Mercy&nbsp;(1992).</li>
<li>Captain Judge Advocate in the United States Navy Reserves Judge Advocate General Corps (1957 to 1992).</li>
<li>Active duty as a Lieutenant Law Specialist (1957 to 1960).</li>
<li>Private practice attorney in the State of Michigan (1960 to 1966).</li>
<li>Justice of the Peace for Redford, Michigan (1963 to 1966).</li>
<li>Circuit Court Judge for the Third Judicial Circuit of Michigan (1966 to 1975).</li>
<li>State Supreme Court Justice for the Michigan Supreme Court (1975 to 1985).</li>
<li>Military Court Justice (1980 to 1992).</li>
<li>Adjunct Professor of Law at the University of Detroit Mercy School of Law (since 1974).</li>
<li>Adjunct Professor of Law at Thomas M. Cooley Law School in Lansing, Michigan (1979 to 1985).</li>
<li>United States Court of Appeals for the Sixth Circuit (1985 to present) (nominated by President Ronald Reagan). </li>
</ul>]]></description>
         <link>http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/senior-judge-ryan-the-great-dissenter-to-retire-in-september/</link>
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         <category domain="http://www.sixthcircuitappellateblog.com/">Judicial Appointments and Vacancies</category><category domain="http://www.sixthcircuitappellateblog.com/">News and Analysis</category>
         <pubDate>Wed, 28 Jul 2010 07:52:28 -0500</pubDate>
         <dc:creator>Steve Delchin</dc:creator>







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         <title>More Delays for the Final Vacant Seat on the Sixth Circuit</title>
         <description><![CDATA[<p>The nominee for the last&nbsp;vacate seat on the Sixth Circuit&nbsp; --&nbsp;now the longest-pending appeals court&nbsp;hopeful -- will have to wait a little longer.&nbsp;<a href="http://www.nashvillepost.com/news/2010/7/21/kentucky_senator_delays_appointment_for_6th_circuit"> Jane Branstetter Stranch</a> was nominated in August 2009 and approved by the Judiciary Committee in November 2009 (on a 15-4 vote).&nbsp; Senator Patrick Leahy tried to schedule debate and a vote on Tuesday, but Minority Leader Mitch McConnell objected that some Republicans needed more time on the nomination -- even though both Republican Tennessee&nbsp;senators support the nomination.&nbsp; Senator Leahy responded with a <a title="Leahy press release" href="http://leahy.senate.gov/press/press_releases/release/?id=32787483-dfb7-4971-b68a-a99fad0035d3">press release </a>noting the average circuit court confirmation time after committee approval has lengthened considerably in the past ten years.</p>
<p>Though Senator Leahy has a point, things have been far worse for the Sixth Circuit.&nbsp; Judge Kethledge&rsquo;s seat was empty from 2000 to 2008, and Judge Griffin was confirmed in 2005 to a seat that had sat empty since 1995.&nbsp; Many other seats were empty during those years, leaving the Sixth Circuit famously shorthanded.&nbsp; As Judge Gilman has announced his intention to take <a title="Future Judicial Vacancies" href="http://www.uscourts.gov/JudgesAndJudgeships/JudicialVacancies/FutureJudicialVacancies.aspx">senior status in November</a>, we can hope that the&nbsp;Senate will act before then.</p>]]></description>
         <link>http://www.sixthcircuitappellateblog.com/judicial-appointments-vacancies/more-delays-for-the-final-vacant-seat-on-the-sixth-circuit/</link>
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         <category domain="http://www.sixthcircuitappellateblog.com/">Judicial Appointments and Vacancies</category>
         <pubDate>Mon, 26 Jul 2010 08:38:19 -0500</pubDate>
         <dc:creator>Squire Sanders</dc:creator>

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