Today’s headlines suggesting that Justice James Graves’ nomination to the 5th Circuit Court of Appeals is dead are misleading. Judicial nominations not yet approved by the full Senate die as a matter of course when the Senate adjourns for the year. That does not mean that Graves will not be confirmed.
The key statement in the article is this:
This was not unexpected. Carlton Reeves barely got confirmed before the Senate adjourned and his nomination was months ahead of the Graves nomination. Barring something unexpected happening President Obama will re-nominate Graves and he will get confirmed by the full Senate in the first half of 2010.
Meanwhile, I’m hearing that Carlton Reeves will take the oath by the end of next week with a formal investiture later in the year.