Hillman was very quickly in consideration for the Sam Alito seat on the Appellate Court. Behind the scenes, we were making some noise and letting people know that Hillman was going to be challenged with this info during his confirmation. Although the two Dem Senators from NJ had expressed initial approval of Hillman, his name was quietly dropped from consideration for the Alito seat.
http://www.abovethelaw.com/2007/05/whats_up_with_that_third_circu_1.php