<?xml version="1.0" ?><VAST version="2.0"><Ad id="bvka11d699968055"><InLine><AdSystem>Altitude Digital</AdSystem><AdTitle>Altitude Arena</AdTitle><Impression></Impression><Creatives><Creative><Linear><AdParameters><![CDATA[{"calls":{"op":["http:\/\/track.eyeviewads.com\/sync\/altitude","http:\/\/match.adsrvr.org\/track\/cmf\/generic?ttd_pid=altitudedigital&ttd_tpi=1","http:\/\/sync.mathtag.com\/sync\/img?mt_exid=58&redir=http%3A%2F%2Fads.altitude-arena.com%2Fmatch%3Fbidder_id%3D452856%26external_user_id%3D%5BMM_UUID%5D","http:\/\/sync.rhythmxchange.com\/usersync2\/altitudedigital","http:\/\/bh.contextweb.com\/bh\/rtset?pid=558873&ev=1&rurl=http%3A%2F%2Fads.altitude-arena.com%2Fmatch%3Fbidder_id%3D8MK6U4TBG157PA64CVSM12PJNG%26external_user_id%3D%25%25VGUID%25%25"],"custom":{},"ip":["http:\/\/b.scorecardresearch.com\/p?cv=2.0&rn=1538236891&c2=16041093&c1=1&c5=09&c6=%5Bmedia_name%5D&c9=%5Bpage_referer%5D&c8=%5Bpage_title%5D&c7=%5Bpage_url%5D&c4=VideojamRON500FloorSmallPlayer&c3=VideojamRON500FloorSmallPlayer"]},"params":{"nhtCalled":"0","log":"0","fl":"5.0","siteg":"c1gb8fd06c868055","sort":"weightedPriority","tmeta":"eNoBKgDV\/wrLcAFpJeOZijIPueJxXKQGvCyAfqLbFvZ2JesvGulyFny8X\/rOd26J9pihFKA=","rto":3000,"tid":"DU9QSMSF988UDFT0AU6PQK1JO0","vto":0,"furi":"http:\/\/arena.altitude-arena.com\/pl?cb=1207885015&uid=bvka11d699968055&tid=DU9QSMSF988UDFT0AU6PQK1JO0&tm=eNoBKgDV%2FwrLcAFpJeOZijIPueJxXKQGvCyAfqLbFvZ2JesvGulyFny8X%2FrOd26J9pihFKA%3D&ua=Mozilla%2F5.0+%28X11%3B+Linux+x86_64%29+AppleWebKit%2F537.36+%28KHTML%2C+like+Gecko%29+Chrome%2F50.0.2661.37+Safari%2F537.36&devicecategory=desktop&osplatform=linux&cid=DU9QSMKF988UDFT0AU6PQK1JO0&cid_t=CID&adbd=0&dfiu=1&geo_con=NA&geo_co=US&geo_lat=42.38&geo_long=-71.1329&geo_code=02138&geo_sub=MA&geo_subname=Massachusetts&geo_city=Cambridge&geo_isp_name=Harvard+University&geo_isp_org=Harvard+University&geo_conn_type=Cable%2FDSL&geo_dma=506&geo_ip=140.247.201.10&pu=nationalreview.com&n=0&params=video_duration%3D%3Bctid%3D62571%3Bmedia_file_title%3D%257C%2BNational%2BReview%3Bmedia_description%3DSome%2B50%2Bor%2Bso%2Blaw%2Bprofessors%2B%2528including%2Bsome%2Bconservatives%2529%2Brecently%2Bsigned%2Ba%2Bletter%2Bto%2Bthe%2BSenate%2BJudiciary%2BCommittee%2Bcomplaining%2Babout%2Bnew%2BRepublican%2Bsenator%2BRon%2BJohnson%25E2%2580%2599s%2Bnon-return%2Bof%2Ba%2B%25E2%2580%259Cblue%2Bslip%25E2%2580%259D%2Bon%2BPresident%2BObama%25E2%2580%2599s%2Bnomination%2Bof%2BWisconsin%2Blaw%2Bprofessor%2BVictoria%2BNourse%2Bto%2Ba%2Bseat%2Bon%2Bthe%2BSeventh%2BCircuit.%2BIn%2Bmy%2Bjudgment%252C%2Bthe%2Bletter%2Bis%2Bvery%2Bunfair%2Bto%2BSenator%2BJohnson%252C%2Bas%2Bit%2Bfails%2Bto%2Backnowledge%2Bthat%2Bhis%2Bexercise%2Bof%2Bhis%2Bblue-slip%2Bprerogative%2Bis%2Bwell%2Bwithin%2Bthe%2Bbounds%2Bof%2BSenate%2Bpractice.%250A%250A%2509As%2BI%25E2%2580%2599ve%2Bmade%2Bclear%252C%2BI%25E2%2580%2599m%2Bno%2Bfan%2Bof%2Bthe%2BSenate%25E2%2580%2599s%2Bblue-slip%2Bpolicy%252C%2Bthe%2Binternal%2BSenate%2Bprocedure%2Bthat%2Bgives%2Bsenators%2Bin%2Ba%2Bparticular%2Bstate%2Bspecial%2Bpower%2Bto%2Bobstruct%2Bexecutive-branch%2Band%2Bjudicial%2Bnominations%2Bin%2Btheir%2Bstate.%2BI%25E2%2580%2599m%2Bespecially%2Bnot%2Ban%2Badmirer%2Bof%2Bthe%2Bexpanded%2Bversion%2Bof%2Bthe%2Bblue-slip%2Bpolicy%2Bthat%2BDemocrats%2Bextracted%2Bfrom%2Bthen-chairman%2BSpecter%2Bin%2Bthe%2BBush%2B41%2Byears%25E2%2580%2594which%2Bgave%2Bindividual%2Bsenators%2Ban%2Beffective%2Bveto%2Beven%2Bover%2Bfederal%2Bappellate%2Bjudgeships%2Bassociated%2Bwith%2Btheir%2Bstates%2B%2528even%2Bthough%2Bthe%2Blaws%2Bdo%2Bnot%2Bassign%2Bappellate%2Bjudgeships%2Bby%2Bstate%2Band%2Bthe%2Bcaseload%2Bof%2Ban%2Bappellate%2Bjudge%2Bhas%2Bno%2Bmore%2Bconnection%2Bto%2Bone%2Bstate%2Bthan%2Bto%2Bany%2Bother%2Bin%2Ba%2Bcircuit%2529.%2BAs%2BI%2Bexplained%2Bat%2Bthe%2Bend%2Bof%2Bthe%2BBush%2B41%2Bpresidency%252C%2B%25E2%2580%259CThis%2BSenate%2BRepublican%2Bconferral%2Bof%2Bextraordinary%2Bleverage%2Bon%2Bobstructionist%2BDemocrats%2Bexplains%252C%2Bfor%2Bexample%252C%2Bwhy%2Ba%2BFourth%2BCircuit%2Bseat%2Bregarded%2Bas%2Bbelonging%2Bto%2BMaryland%2Bhas%2Bbeen%2Bvacant%2Bthroughout%2BBush%25E2%2580%2599s%2Bpresidency%25E2%2580%2594and%2Bwhy%2Bso%2Bmany%2Bother%2Bseats%2Bwere%2Bfilled%2Bwith%2Bcompromise%2Bcandidates.%25E2%2580%259D%250A%250A%2509That%2Bsaid%252C%2Bthere%2Bis%2Bnothing%2Bremarkable%2Babout%2BSenator%2BJohnson%25E2%2580%2599s%2Bnon-return%2Bof%2Ba%2Bblue%2Bslip%2Bon%2BNourse.%250A%250A%2509Obama%2Bfirst%2Bnominated%2BNourse%2Bin%2BJuly%2B2010%252C%2Bbut%2Bthe%2BSenate%2BJudiciary%2BCommittee%2Bdid%2Bnot%2Bhold%2Ba%2Bhearing%2Bon%2Bher%2Bnomination%2Blast%2Byear.%2B%2528The%2Blaw%2Bprofessors%25E2%2580%2599%2Bletter%2Basserts%2Bthat%2Bno%2Bhearing%2Bwas%2Bheld%2B%25E2%2580%259Cbecause%2Bthe%2BJudiciary%2BCommittee%2Bstopped%2Bany%2Bhearings%2Bprior%2Bto%2Bthe%2Bmid-term%2Belections%252C%25E2%2580%259D%2Bbut%2Bin%2Bfact%2Bhearings%2Bon%2Bappellate%2Bnominations%2Btook%2Bplace%2Bon%2BSeptember%2B15%252C%2B2010%252C%2Band%2BSeptember%2B29%252C%2B2010%252C%2Band%2Bit%2Bis%2Bnot%2Bat%2Ball%2Bclear%2Bthat%2BNourse%2Bfaced%2Bany%2Btiming%2Bobstacle.%2529%2BThe%2BSenate%2Breturned%2Bpending%2Bjudicial%2Bnominations%252C%2Bincluding%2BNourse%25E2%2580%2599s%252C%2Bto%2BObama%2Bat%2Bthe%2Bend%2Bof%2Blast%2Byear.%2BObama%2Bthen%2Bproceeded%2Bto%2Brenominate%2BNourse%2Bon%2BJanuary%2B5%252C%2B2011%25E2%2580%2594the%2Bsame%2Bdate%2Bthat%2BSenator%2BJohnson%252C%2Bwho%2Bdefeated%2BRuss%2BFeingold%25E2%2580%2599s%2Bbid%2Bfor%2Bre-election%252C%2Bwas%2Bsworn%2Binto%2Boffice.%250A%250A%2509I%2Bam%2Breliably%2Binformed%2Bthat%2Bthe%2BWhite%2BHouse%2Bdid%2Bnot%2Bconsult%2Bat%2Ball%2Bwith%2BSenator%2BJohnson%2Bbefore%2Brenominating%2BNourse.%2BFurther%252C%2BJohnson%2Bhas%2Bplausibly%2Bcomplained%2Babout%2BNourse%25E2%2580%2599s%2Black%2Bof%2Bties%2Bto%2Bthe%2Blegal%2Bcommunity%2Bin%2BWisconsin%253A%2BNourse%2Bwas%2Bnot%2Beven%2Ba%2Bmember%2Bof%2Bthe%2Bstate%2Bbar%2Bwhen%2Bshe%2Bwas%2Bfirst%2Bnominated.%2B%2528She%2Bbecame%2Ba%2Bmember%2Bin%2BDecember%2B2010.%2529%2BThese%2Bare%2Bwell-accepted%2Band%2Bconventional%2Bgrounds%2Bfor%2Bdeclining%2Bto%2Breturn%2Ba%2Bfavorable%2Bblue%2Bslip.%250A%250A%2509As%2BI%2Bunderstand%2Bit%252C%2BJohnson%2Bhas%2Bnot%2Binvoked%2Bthe%2Bapparent%2Bideological%2Bgulf%2Bbetween%2Bhimself%2Band%2BNourse%2B%2528or%2Bbetween%2Bhis%2Bunderstanding%2Bof%2Bthe%2Brole%2Bof%2Bthe%2Bcourts%2Band%2Bhers%2529%2Bas%2Ba%2Bfurther%2Breason%2Bfor%2Bnot%2Breturning%2Ba%2Bblue%2Bslip.%2BBut%2Bhe%2Bwould%2Bbe%2Bwell%2Bwithin%2Bhis%2Brights%2Bto%2Bdo%2Bso%252C%2Bas%2Bmany%2Bof%2Bthe%2Bsenators%2Bwho%2Bdeclined%2Bto%2Breturn%2Bpositive%2Bblue%2Bslips%2Bon%25E2%2580%2594and%2Bthereby%2Bblocked%2Bconfirmation%2Bof%25E2%2580%2594ten%2Bof%2BPresident%2BGeorge%2BW.%2BBush%25E2%2580%2599s%2Bfederal%2Bappellate%2Bnominees%2Band%2Btwelve%2Bof%2Bhis%2Bfederal%2Bdistrict%2Bnominees%2Bcan%2Bamply%2Battest.%250A%250A%2509I%25E2%2580%2599ll%2Balso%2Bnote%2Bthat%2Bthe%2Blaw%2Bprofessors%25E2%2580%2599%2Bletter%2Bnever%2Bopenly%2Backnowledges%2Bthat%2BNourse%25E2%2580%2599s%2Binitial%2Bnomination%2Bwas%2Breturned%2Band%2Bthat%2Bthat%2Bshe%2Bhad%2Bto%2Bbe%2Brenominated%2Bduring%2BJohnson%25E2%2580%2599s%2Btenure.%2BIt%2Binstead%2Bresorts%2Bto%2Ba%2Bseries%2Bof%2Bodd%2Blocutions%2Bto%2Bobscure%2Bthis%2Bfact%253A%2Be.g.%252C%2Bit%2Basserts%2Bthat%2BJohnson%25E2%2580%2599s%2Bnon-return%2Bof%2Bthe%2Bblue%2Bslip%2Bcame%2B%25E2%2580%259Cmonths%2Bafter%2Bthe%2Bnomination%2Bwas%2Bcomplete%25E2%2580%259D%253B%2Bthat%2Bhe%2B%25E2%2580%259Cretroactively%2Bassert%255Bed%255D%2Bthis%2B%255Bblue-slip%255D%2Bprivilege%25E2%2580%259D%253B%2Band%2Bthat%2Bnew%2Bsenators%2B%25E2%2580%259Ctypically%2B%25E2%2580%25A6%2Bhave%2Bno%2Bpower%2Bto%2Bcountermand%2Bcompleted%2Bpresidential%2Bnominations.%25E2%2580%259D%3Bcb%3D437405252%3Bmedia_file_id%3D","bto":0,"evuri":"http:\/\/event.altitude-arena.com\/beacon?cb=385095134&sa=app-web-delivery_base%3Aprod%40tug9.ewr1&pm=eNpTyCoJSksxMDZKNE5ONDQxMlUoMk9JNE02TLRINjO1MDA1VUg2TE%2ByAKoxS7YwAwsklWUnGhqmmFlaWoIFOMoSi0sYGBY4PKwSsQcAm7QWsw%3D%3D&tid=DU9QSMSF988UDFT0AU6PQK1JO0&tm=eNoBKgDV%2FwrLcAFpJeOZijIPueJxXKQGvCyAfqLbFvZ2JesvGulyFny8X%2FrOd26J9pihFKA%3D&ua=Mozilla%2F5.0+%28X11%3B+Linux+x86_64%29+AppleWebKit%2F537.36+%28KHTML%2C+like+Gecko%29+Chrome%2F50.0.2661.37+Safari%2F537.36&devicecategory=desktop&osplatform=linux&cid=DU9QSMKF988UDFT0AU6PQK1JO0&cid_t=CID&adbd=0&dfiu=1&geo_con=NA&geo_co=US&geo_lat=42.38&geo_long=-71.1329&geo_code=02138&geo_sub=MA&geo_subname=Massachusetts&geo_city=Cambridge&geo_isp_name=Harvard+University&geo_isp_org=Harvard+University&geo_conn_type=Cable%2FDSL&geo_dma=506&geo_ip=140.247.201.10&px=1&ploc=nationalreview.com&nht=0","placeg":"bvka11d699968055","pubg":"r7da5c1a8c658055","cid":"DU9QSMKF988UDFT0AU6PQK1JO0","cto":0}}]]></AdParameters><Duration>00:00:30</Duration><MediaFiles><MediaFile delivery="progressive" type="application/x-shockwave-flash" width="300" height="250" apiFramework="VPAID"><![CDATA[http://cdn.altitude-arena.com/flash/flex-vpaid.swf]]></MediaFile><MediaFile delivery="progressive" type="application/javascript" width="300" height="250" apiFramework="VPAID"><![CDATA[http://cdn.altitude-arena.com/js/vpaid.min.js]]></MediaFile></MediaFiles></Linear></Creative></Creatives></InLine></Ad></VAST>