Boyle can't be Bush recess appointment

A procedural move has kicked U.S. District Judge Terrence Boyle's nomination back to the White House from the Senate, where it has been languishing for a year.

President Bush now must renominate Boyle.

Boyle, who serves in North Carolina's Eastern District, is up for a seat on the 4th U.S. Circuit Court of Appeals, a step below the U.S. Supreme Court. His nomination ran into opposition from Democrats and some Republicans.

Boyle was recommended by the Senate Judiciary Committee a year ago, but Senate Majority Leader Bill Frist has not brought the nomination up for a floor vote.

Congress is in a monthlong recess, and a routine procedure pushed by Democrats sent Boyle and several other White House nominees back to Bush.

If Boyle had remained up for consideration, Bush could have named him to the bench in a recess appointment, bypassing the Senate, said Carl Tobias, a professor at the University of Richmond School of Law who follows judicial appointments.

Unless Boyle opts out, Bush is almost certain to renominate him, Tobias said.

Congress returns Sept. 5, leaving Frist just a few weeks to bring Boyle up for a vote before the fall recess.

Law hits sexual predators

Gov. Mike Easley signed into law Wednesday a bill that toughens punishment of sex offenders and child predators.

The law includes a provision that requires the worst offenders -- those considered sexually violent predators, repeat offenders and those convicted of sexual assaults with aggravated circumstances -- to be fitted with satellite or GPS (global positioning system) tracking devices to monitor their location for life. Convicted offenders are required to report to law enforcement officials in person every six months, rather than the current one year by phone or mail.

Another section creates three new felonies related to human trafficking. Statutory rape of a 13-, 14-, or 15-year-old is now considered a sexually violent offense, increasing requirements for registering with the state from a 10-year period to a lifetime. It is also now a felony to harbor an improperly registered sex offender.

Easley was joined by Attorney General Roy Cooper and several lawmakers as he signed the bill.

Easley, a former prosecutor, said, "Child predators are about the meanest people you'll meet in the court system."

N.C. House fight is in top 10

The National Conference of State Legislatures on Wednesday named the fight for partisan control of the North Carolina House one of the nation's top 10 election-day battlegrounds.

Democrats have a 63-57 advantage over Republicans.

Questions about House Speaker Jim Black, a Mecklenburg County Democrat, inject volatility into House races, said Tim Storey, senior fellow at the national conference group. State and federal investigators are looking into Black's legislative and fundraising activities.

"There's just a real air of uncertainty heading into elections," Storey said, "and it's a competitive state when it comes to state offices -- more competitive than other Southern states."

McMahan says no term 7

Rep. Ed McMahan, a Charlotte Republican in his sixth term, has decided not to run for re-election so he can spend more time with his wife during her cancer treatments.

McMahan said he made extra trips to and from Raleigh this year to be home for his wife's medical appointments. His wife, Evangeline, has had a difficult time with her latest treatment, McMahan said, so he decided last weekend not to seek re-election.

"I was struggling to think is there a way to run a campaign and give her time and family the time I need to in Charlotte with us dealing with this crisis," he said.

McMahan plans to keep his seat on the Republican National Committee.

McMahan's influence grew quickly after his election in 1994. He was ranked the seventh-most-effective House member in his second term, in a survey sponsored by the N.C. Center for Public Policy Research.

McMahan was a potential candidate for House speaker in 2003. But his role shrank that year because he was aligned with a group of Republicans who lost a fight for control of the House.

"I felt very good about my first eight years," McMahan said. He called the last four years "extremely difficult."

McMahan said he may consider running for public office again.