But the high court Monday asked the Justice Department to file a response by Feb. 27 to Behenna's petition, which says a decision by the highest military appeals court in Behenna's case was “dangerously wrong.”
Bacharach vote scheduled
The Senate Judiciary Committee is scheduled to vote Thursday on the nomination of Robert E. Bacharach to be a judge on the 10th U.S. Circuit Court of Appeals, one of the appellate courts a step below the U.S. Supreme Court.
Bacharach, a U.S. magistrate judge in Oklahoma City, sailed through the committee last year and was expected to be confirmed overwhelmingly by the full Senate. Senate Republicans, however, began a midyear blockade of President Barack Obama's judicial nominations, hoping that Mitt Romney would win the White House and make his own picks.
Bacharach's nomination effectively died when the last Congress adjourned, but Obama submitted the nomination immediately when the new Congress convened. Bacharach was first nominated more than a year ago.
Chris Casteel, Washington Bureau