Boxer still has not returned a “blue slip” on Kuhl, the paperwork circulated to home state senators for comment on a nominee. Democratic Sen. Dianne Feinstein returned her blue slip a month ago, but under Senate rules both blue slips must be returned before a nominee gets a hearing.

“All I can tell you is that she has not issued a new statement,” said Boxer’s chief of staff, Sam Chapman, when asked whether the senator has decided what to do about the nomination. He was referring to Boxer’s criticism of Kuhl’s record following her nomination by President Bush in June.

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