DAVID BERNSTEIN is Fisking a New York Times editorial on judicial nominee Janice Rogers Brown. I don’t pay close attention to these nomination battles, which tend to be devoid of substance. But if Bush really wants to get some motion here, he should offer recess appointments to people like, say, David Bernstein. . . .

UPDATE: Larry Solum has more on Janice Brown, though he doesn’t mention the Bernstein-appointment angle. But Jonah Goldberg seems to be on board. The momentum is building!

ANOTHER UPDATE: Here’s still more on Brown, from Reason.