It is being reported that Senator Menendez has agreed to meet again with Judge Shwartz, in connection with President Obama’s nomination of Judge Shwartz to the Third Circuit Court of Appeals. Throughout the legal community, including on this blog, the call has gone out for Senator Menendez to reconsider his position, since Judge Shwartz has a superlative reputation on her merits.
If the reports of a new meeting between Senator Menendez and Judge Shwartz are true, and if the meeting is a prelude to a decision by Senator Menendez to endorse the nomination, albeit belatedly, that would be a good thing. Time is of the essence, however. Now that it is a presidential election year, few if any judicial nominations, especially for Circuit Courts of Appeal, will move through the Senate after a certain point. Senator Menendez should reconsider and approve this nomination, and do so immediately.