“The Senate’s attempt to initiate a confirmation hearing for Wolfe does seem to rest on very shaky legal ground,” UW-Madison Law School associate professor Robert Yablon said.
“When the commission met earlier this week, only three of members voted to re-appoint Wolfe,” Yablon said. “Notably, after this vote, the commission didn’t take the position that it had successfully reappointed her. It’s odd for the Senate to claim there’s been an appointment that the commission itself didn’t purport to make.”