Keisler was later nominated for a position on the D.C. Circuit on June 29, 2006 by President George W. Bush to fill a seat vacated by John Roberts, whom Bush appointed Chief Justice of the United States in 2005. At the time, the 109th Senate was controlled by the Republican Party. On August 1, 2006, he received a hearing before the Senate Judiciary Committee. The Senate on September 29, 2006 returned the nomination to the President without acting on it, prior to adjourning for the 2006 elections, on September 30, 2006.