On October 22, 1991, Boyle was nominated by President George H. W. Bush to a newly-created seat on the United States Court of Appeals for the Fourth Circuit, but his nomination was not acted upon by the Senate, which was controlled by the Democrats. His nomination was allowed to lapse at the end of Bush's presidency.
On May 9, 2001, Boyle was renominated by President George W. Bush to the Fourth Circuit, this time to the seat vacated by Phillips Jr, but his nomination was never brought to a vote on the floor of the Senate. For over five years, the nomination was stalled, the longest federal appeals court nomination that was never given a full Senate vote.
His nomination was adamantly opposed by the Democratic Party from the beginning. Democratic Senator John Edwards claimed Boyle was an opponent of civil rights and rights of disabled people legislation. Boyle's supporters viewed him as the victim of political payback and obstruction because of his ties to Helms, who had derailed several judicial nominations by Clinton because of Boyle.[citation needed]
In March 2005, after Bush's re-election and an increased Republican Party Senate majority, the Senate Judiciary Committee gave Boyle a hearing, almost a full four years after his nomination. On June 16, 2005, Boyle was voted out of Committee on a 10-8 party line vote.
In April 2006, Senate Majority Leader Bill Frist said he would try to schedule a vote in May on the nomination of Boyle.[3] No vote occurred, however; with the Democrats taking over the US Senate in the 110th Congress, Boyle's confirmation chances markedly decreased. On January 9, 2007, the White House announced that it would not renominate Boyle.[4] At the time, Boyle clearly stated he did not voluntarily withdraw his nomination.[5]
