The Senate will vote Tuesday on the nomination of Steven Agee to a Virginia seat on the U.S. Court of Appeals for the Fourth Circuit, and Reid held out the possibility that Raymond Kethledge and Helene White would be confirmed for Michigan’s seats on the U.S. Court of Appeals for the Sixth Circuit. 

“It is still possible the Senate will consider these two Michigan nominees before the recess,” Reid said on the floor. “But if that does not happen, it will be despite my best efforts. It will be because of delaying tactics on the other side of the aisle.”

Reid said Republicans were employing stalling tactics to derail White’s nomination by demanding she respond to intrusive and complex written questions. Republicans, however, reject that contention and argue that Democrats have gone to lengths to run out the clock on President Bush so they won’t have to confirm any more of his judges to lifetime seats.

Republicans have complained that Democrats are on pace to confirm far fewer appeals court nominees in Bush’s final two years in office than the GOP-controlled Senate confirmed in President Clinton’s final two years. The GOP has held up legislation to voice its concerns over an issue that galvanizes its base. In response, Reid has said that he would try to hold confirmation votes on three Bush nominees before the end of this week.