Boyle's nomination was again returned to the President because it did not receive unanimous consent to stay pending in the Senate over the long recess. President Bush will have to renominate Boyle, as he did on Sept. 5, to keep his confirmation chances alive.
The Senate Judiciary Committee today failed to vote on Boyle's nomination, passing up its last chance to move him out of committee before the Senate adjourns for the November election. The lack of action on Boyle and other appellate nominees has infuriated conservatives. The next chance for Boyle would be during a "lame duck" session of Congress after the election.