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Proving once again that he will never shy away from a judicial-nominations fight, President George W. Bush has renominated five controversial circuit court judges, including the Pentagon’s general counsel, William Haynes II, and Terrence Boyle, who was voted out of the Senate Judiciary Committee more than two years ago but has never been voted on by the full Senate. Both Haynes and Boyle have been nominated for seats on the U.S. Court of Appeals for the 4th Circuit. “For Bush, it’s a win-win,” notes University of Richmond law professor Carl Tobias. “If you put up nominees who play to the base and are controversial, and you fight and get them through, you win. If they don’t get through, you can say, ‘We fought for them, but they were blocked by the Democrats.’” Also renominated were William Myers III and Norman Smith, for seats on the 9th Circuit, and Mississippi’s Michael Wallace, who was first nominated in February and has yet to have a Senate Judiciary Committee hearing. Wallace, who received a unanimous “not qualified” rating by a 15-member American Bar Association committee, was renominated to the 5th Circuit.
T.R. Goldman can be contacted at [email protected].

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