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Order Code RL31868
U.S. Circuit and District Court Nominations
by President George W. Bush
During the 107th-109th Congresses
Updated January 23, 2007
Denis Steven Rutkus
Specialist in American National Government
Government and Finance Division
Kevin M. Scott
Analyst in American National Government
Government and Finance Division
Maureen Bearden
Information Research Specialist
Knowledge Services Group
U.S. Circuit and District Court Nominations by
President George W. Bush
During the 107th - 109th Congresses
Summary
During his presidency, as of the final adjournment of the 109th Congress, 51 of
President George W. Bush's 68 nominees to the U.S. circuit courts of appeals
received Senate confirmation. Of the 17 nominees not confirmed, the nominations
of three were withdrawn by the President, and the remaining 14 were returned at the
end of a Congress; however, four of the 14, after having their nominations returned
at the end of the 109th Congress, were renominated at the start of the 110th Congress.
None of President Bush's circuit nominees has been rejected in a Senate confirmation
vote. Two were defeated in committee votes, in the 107th Congress, although both
were renominated in the 108th Congress, where one was confirmed.
In the 108th Congress, the Senate could not agree to close debate on 10 circuit
court nominees. Following controversy over the propriety of filibusters on judicial
nominations, a compromise was reached in the 109th Congress which resulted in
confirmation votes for five of the 10 nominees. The other five, however, failed to
gain confirmation. Two of the 10 nominees were given temporary recess
appointments by President Bush. After the appointment of one of these nominees
expired at the end of the Congress, he was not renominated in the 109th Congress.
The other recess appointee, prior to the expiration of his appointment, was
renominated in the 109th Congress and subsequently confirmed.
Of President Bush's 237 nominees to the U.S. district courts, through the end
of the 109th Congress, 206 were confirmed (185 in the first Congress in which they
were nominated). Of the 31 not confirmed, the nominations of three were withdrawn,
and the other 28 were returned at the end of the 109th Congress. Twenty-four of the
28 had been renominated in the 110th Congress, as of January 19, 2007. None of
President Bush's district court nominees was defeated in a committee vote or
rejected in a Senate confirmation vote.
President Bush's circuit nominees, like those of most other recent Presidents,
have had more difficulty than his district nominees in receiving Senate confirmation.
As of the close of the 109th Congress, 75.0% of his circuit nominees had been
confirmed, compared with 86.9% of his district nominees. The average (mean) time
elapsed between first nomination and confirmation for his circuit nominees was 366
days, more than twice as much as the corresponding time interval of 171 days for
district nominees. With recent presidencies, the average time taken for circuit
nominees to be confirmed has risen steadily -- from an average time of 68 days, 104
days, 249 days, and 366 days, respectively for the circuit nominees of Presidents
Ronald Reagan, George H. W. Bush, William J. Clinton, and George W. Bush. With
recent presidencies, a steady, but less dramatic rise has also occurred in the average
time taken for district nominees to be confirmed.
This report will be updated upon the final adjournment of the 110th Congress.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
The Judicial Appointment Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Structure and Contents of the Nominee and Nominations Tables . . . . . . . . . . . . . 5
Nominee Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Nominations Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Statistical Findings from the Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Circuit Court Nominees During the Presidency of George W. Bush . . . . . . 10
Nominees Failing to Receive Senate Votes after Unsuccessful
Cloture Motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Recess Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Nominees Defeated in Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Length in Time of the Appointment Process . . . . . . . . . . . . . . . . . . . . 12
President Bush's Circuit Court Nominations During
Particular Congresses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
The 107th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
The 108th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
The 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
District Court Nominees During the Presidency of George W. Bush . . . . . 20
Confirmed Nominees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Withdrawn Nominees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
President Bush's District Court Nominations During
Particular Congresses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
The 107th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
The 108th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
The 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Comparison of President Bush's Circuit Court Nominations with
His District Court Nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Comparison of President Bush's Circuit and District Nomination Statistics
with Those of Other Recent Presidents . . . . . . . . . . . . . . . . . . . . . . . . 27
Number of Nominees, Number Confirmed, and Percent Confirmed . 28
Circuit Court Nominations: Average Number of Days from
Nomination to Confirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
District Court Nominations: Average Number of Days from
Nomination to Confirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Circuit Court Nominees: Average Number of Days from
Nomination to Final Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
District Court Nominees: Average Number of Days from
Nomination to Final Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Appendix 1: President George W. Bush's Nominees to the
U.S. Circuit Courts of Appeals, 107th-109th Congresses
(January 20, 2001-December 9, 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Appendix 2. President George W. Bush's Nominations to the
U.S. Circuit Courts of Appeals During the 107th Congress
(January 20, 2001-November 20, 2002) . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Appendix 3. President George W. Bush's Nominations to the
U.S. Circuit Courts of Appeals During the 108th Congress
(January 7, 2003-December 8, 2004) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Appendix 4. President George W. Bush's Nominations to the
U.S. Circuit Courts of Appeals During the 109th Congress
(January 4, 2005 - December 9, 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Appendix 5: President George W. Bush's Nominees to the
U.S. District Courts, 107th-109th Congresses
(January 20, 2001-December 9, 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Appendix 6. President George W. Bush's Nominations to the
U.S. District Courts During the 107th Congress
(January 20, 2001-November 20, 2002) . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Appendix 7. President George W. Bush's Nominations to the
U.S. District Courts During the 108th Congress
(January 7, 2003-December 8, 2004) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Appendix 8. President George W. Bush's Nominations to the
U.S. District Courts During the 109th Congress
(January 4, 2005-December 9, 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
List of Figures
Figure 1. U.S. Circuit Court Nominations: Average Number of Days from
Nomination to Confirmation, 95th Congress to 109th Congress (January 20, 1977
- December 9, 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Figure 2. U.S. District Court Nominations: Average Number of Days from
Nomination to Confirmation, 95th Congress to 109th Congress (January 20, 1977
- December 9, 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Figure 3. Average Time to Disposition, Confirmed and Unconfirmed Nominees to
the U.S. Courts of Appeals, by President (January 20, 1977 - December 9, 2006)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Figure 4. Average Time to Disposition, Confirmed and Unconfirmed Nominees to
the U.S. District Courts, by President (January 20, 1977 - December 9, 2006) 38
List of Tables
Table 1. Mean and Median Number of Days Elapsed from First Nomination
to Disposition of Last Nomination for President George W. Bush's
Nominees to U.S. Circuit or District Court Judgeships
(January 20, 2001 - December 9, 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Table 2. Number of Congresses in Which Persons Were Nominated by
President George W. Bush to U.S. Circuit or District Court Judgeships
(January 20, 2001 - December 9, 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Table 3. U.S. Circuit and District Court Nominees of Five Most Recent
Presidents (January 20, 1977 - December 9, 2006): Total and Per Year
Number of Nominees, Total and Per Year Number Confirmed, and
Percent of Total Confirmed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
U.S. Circuit and District Court Nominations
by President George W. Bush
During the 107th-109th Congresses
Introduction
In recent years, the process by which lower federal court judges are nominated
by the President and confirmed by the Senate has been of increasing interest to
Congress. In order to provide Congress with a continuing overview of this process,
this report provides statistics on all of President George W. Bush's nominations to
U.S. courts of appeals and U.S. district courts during the 107th, 108th, and 109th
Congresses, and any actions taken on these nominations by the Senate Judiciary
Committee and the full Senate.1
U.S. courts of appeals review appeals from federal trial court opinions and are
empowered to review and enforce the orders of many administrative agencies. Cases
presented to these courts are generally considered by judges sitting in three-member
panels. Altogether, 179 permanent appellate court judgeships are authorized by law.
Courts within the courts of appeals system are often called "circuit courts," because
they are divided into 12 geographic circuits and an additional nationwide circuit
having specialized subject matter jurisdiction. In this report, nominations to U.S.
courts of appeals judgeships are referred to as "circuit court nominations."
U.S. district courts are the trial courts of general federal jurisdiction. Each state
has at least one district court, while some states have as many as four. There are 678
district court judgeships authorized by law, including those for the District of
Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands,
and the territories of Guam and the U.S. Virgin Islands.2
1
This report is in keeping with earlier CRS reports which tracked actions taken on judicial
nominations by other recent Presidents. See CRS Report 98-510, Judicial Nominations by
President Clinton During the 103rd-106th Congresses, by Denis Steven Rutkus, and CRS
Report 93-395, President [George H. W.] Bush's Judicial Nominations During the 101st-
102nd Congresses, by Denis Steven Rutkus.
2
The 678 total consists of 667 permanently authorized judgeships and 11 "temporary"
judgeships (which, pursuant to statute, temporarily increase the number of judgeships for
specified judicial districts, with these districts reverting back to the permanently authorized
number of judgeships at a future time fixed by the statute -- typically, when, after a
specified number of years, a judgeship in the district is vacated). All but four of the 678
judgeships entail lifetime appointments. The four exceptions are the one judgeship each
in Guam and the Northern Marianas, and the two in the Virgin Islands, to which judges are
appointed for 10-year terms.
CRS-2
President Bush's nominations to these two court systems are listed in eight
appendix tables at the end of this report -- Appendices 1-4 for circuit court
nominations, and Appendices 5-8 for district court nominations. Appendices 1 and
5 list all the persons nominated by President Bush during his presidency, as of
December 9, 2006,3 to the circuit and district courts, respectively. The other six
tables list all of the circuit and district court nominations made by President Bush
during each Congress, -- Appendices 2, 3, and 4 for circuit court nominations in the
107th, 108th, and 109th Congresses, respectively; and Appendices 6, 7, and 8 for
district court nominations in the same respective Congresses.
Appendices 1-8, it should be emphasized, account for every instance in which
a district or circuit court nomination was made, including renominations of
individuals to the same judgeship. As discussed below, some of President Bush's
nominees were nominated to a circuit or district judgeship more than once within a
Congress, or nominated to the judgeship in more than one Congress. Accordingly,
discussion in this report regarding the number of nominations made by President
Bush to the circuit or district courts counts not only the initial nomination of a person
to a judgeship but any renominations as well. By contrast, discussion regarding the
actual number of persons nominated (or nominees) counts individual nominees only
once, even if they were nominated to the same judgeship more than once.
Within the text of this report are various statistical tables and bar graphs, using
data derived from Appendices 1-8. Table 1 presents, for President Bush's circuit
and district nominees, the average and median number of days that elapsed from their
first nomination to disposition of their last nomination. Table 2 breaks down the
total number of persons nominated by President Bush to circuit and district court
judgeships by the number of Congresses in which they were nominated. Table 3
provides statistics comparing President Bush's judicial nominations with those of his
four immediate predecessors in the White House. Table 3 shows, among other
things, the total number of persons nominated by President Bush -- as well as by
each of the four previous Presidents -- to district and circuit court judgeships and the
number and percentage of them who were confirmed. Figures 1 and 2 show, for
circuit and district nominations respectively, the average number of days that elapsed
from nomination date to confirmation, during each Congress from the 95th to the
109th, indicating which presidency coincided in time with each Congress. Figures
3 and 4 show, respectively, for the circuit and district court nominees of the five most
recent Presidents, the average number of days that elapsed from their first nomination
to final disposition of their last nomination.
The following text provides (1) a brief overview of the principal steps in the
judicial appointment process; (2) a more detailed description of the structure and
contents of Appendices 1-8 and the methodology used in gathering the tabular data;
and (3) a discussion of selected appointment statistics for circuit and district court
nominees and nominations in the 107th, 108th, and 109th Congresses, which are
derived from, or presented in, the appendices.4
3
December 9, 2006, is the date of final adjournment of the 109th Congress.
4
The statistics include total number of nominees to district and circuit judgeships; number
of nominees confirmed; number of nominations (including re-nominations of nominees);
(continued...)
CRS-3
This report focuses on judicial nominations made by the President and on Senate
actions taken on the nominations by the Senate Judiciary Committee and the Senate.
On rare occasions, appointments to federal courts also have been made without
submitting a nomination to the Senate, when a President exercises his constitutional
power to make "recess appointments." Specifically, Article II, Section 2, clause 3
of the Constitution of the United States empowers the President to "fill up all
Vacancies that may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next Session."5 President Bush
thus far during his presidency has made two recess appointments to circuit courts and
none to district courts.6
The Judicial Appointment Process
Under the Constitution of the United States, the President and the Senate share
the responsibility for filling vacancies within the federal judiciary.7 While it is the
President who nominates persons to fill federal judgeships, the appointment of each
nominee also requires Senate confirmation. Although not mentioned in the
Constitution, the Senate Committee on the Judiciary also plays an important role
midway in the process -- after the President selects, but before the Senate as a whole
considers, the nominee.
The process for making lifetime appointments to U.S. district court and circuit
courts of appeals judgeships entails the same formal steps as those involved in the
4
(...continued)
number receiving committee hearings, committee votes, and Senate or other final action; and
average time taken to conduct hearings, committee votes, and Senate votes on the
nominations. Careful distinction is made in the text between number of nominations
(including renominations) and number of persons actually nominated.
5
See CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by Henry
B. Hogue.
6
On Jan. 26, 2004, President Bush recess-appointed Charles W. Pickering Sr. of Mississippi
to the U.S. Court of Appeals for the Fifth Circuit. Judge Pickering's appointment expired
on Dec. 8, 2004, at the end of the second session of the 108th Congress, and he retired. On
Feb. 20, 2004, President Bush recess-appointed William H. Pryor Jr. of Alabama to the
Eleventh Circuit Court of Appeals. Judge Pryor's recess appointment was to last until the
end of the first session of the 109th Congress; however, before that appointment expired,
Judge Pryor was renominated by President Bush and confirmed by the Senate on June 9,
2005.
For more information on judicial recess appointments, see CRS Report RS22039,
Federal Recess Judges, by Louis Fisher; CRS Report RL33009, Recess Appointments: A
Legal Overview, by T.J. Halstead; and Henry B. Hogue, "The Law: Recess Appointments
to Article III Courts," Presidential Studies Quarterly, vol. 34, Sept. 2004, pp. 656-673.
7
Article II, Section 2, clause 2 of the Constitution provides that the President "shall
nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of
the supreme Court, and all other Officers of the United States, whose Appointments are not
herein otherwise provided for, and which shall be established by Law...."
CRS-4
appointment of justices to the Supreme Court.8 The process officially begins when
the President selects someone to fill a judicial vacancy, submitting a nomination in
writing to the Senate. Usually on the same day it is received by the Senate, the
nomination is referred to the Committee on the Judiciary (the Senate committee
having jurisdiction over district and circuit, as well as most other federal, court
nominations). The Judiciary Committee then holds a hearing on the nomination.
The committee subsequently meets to vote on whether to report the nomination to the
full Senate. A committee vote to report (even a vote to report with an unfavorable
recommendation) sends the nomination forward to be considered by the Senate as a
whole, while a vote against reporting (historically, a very rare occurrence) prevents
the nomination from going forward, and in effect defeats the nomination in
committee. The final step in the appointment process occurs when the Senate votes
to confirm or disapprove the nomination. A vote to confirm requires a simple
majority of Senators present and voting. If the Senate votes in the negative on
whether to confirm, the nomination is defeated, and a resolution of disapproval is
forwarded to the President.
As with nominations in general, judicial nominations sometimes fail to advance
through each procedural step in the appointment process. After referral to
committee, a nomination might not receive a hearing or, after receiving a hearing,
might not receive a committee vote on whether it should be reported. Even if
favorably reported by committee, the nomination might not receive a vote by the
Senate on whether to confirm. A nomination, for instance, will not, under Senate
rules, receive a vote on whether to confirm if some Senators oppose taking such a
vote and a "super-majority" of three-fifths of the full membership of the Senate fails
to vote in favor of a motion to close debate on the nomination.9 If it fails to receive
a Senate vote, the nomination ultimately will be either withdrawn by the President
or returned to the President by the Secretary of the Senate upon a Senate adjournment
or recess of more than 30 days.10
8
See CRS Report RL31989, Supreme Court Appointment Process: Roles of the President,
Judiciary Committee, and Senate, by Denis Steven Rutkus; and CRS Report RL31980,
Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth
Rybicki.
9
See CRS Report RL32878, Cloture Attempts on Nominations, by Richard S. Beth and
Betsy Palmer.
10
Rule XXXI, paragraph 6, Standing Rules of the Senate, provides, in part, that "if the
Senate shall adjourn or take a recess for more than thirty days, all nominations pending and
not finally acted upon at the time of taking such adjournment or recess shall be returned by
the Secretary to the President and shall not again be considered unless they shall again be
made to the Senate by the President."
CRS-5
Structure and Contents of the Nominee and
Nominations Tables
The tables at the end of this report, Appendices 1-8, were generated from a CRS
database of nomination dates and actions created by Kevin M. Scott, CRS Analyst
in American National Government.11 The data for the CRS database were collected
primarily from the Presidential Nominations database in the Legislative Information
System of the U.S. Congress (LIS)12 and from daily editions of volumes 147-152 of
the Congressional Record (for the years 2001-2006).
Nominee Tables
As noted previously, Appendices 1 and 5 list, alphabetically, the names of all
persons nominated by George W. Bush during his presidency (through the end of the
109th Congress) to the circuit courts and to the district courts. These tables show the
following for each nominee:
! how often and when the person was nominated to a particular
judgeship;
! dates of committee hearings and committee action on all
nominations;
! whether and when the nominee was confirmed;
! if confirmed, the number of days that elapsed between the date of the
first nomination and the confirmation;
! the outcome of the person's most recent nomination, if the final
disposition was not one of confirmation;13
! if not confirmed, the number of days that elapsed between the date of
the person's first nomination and the final outcome of the person's
most recent nomination.
The tables at the end also present, for all confirmed nominees, the average
number of days that elapsed between their first nomination and their confirmation, and
for all unconfirmed nominees, the average number of days that elapsed between their
first nomination and final disposition of their most recent nomination.
11
The database was created in part with the benefit of earlier nominations research
(conducted for previous versions of this report) by Mitchel A. Sollenberger, former CRS
Analyst in American National Government.
12
Available at [http://www.congress.gov/nomis/search.html]. The Presidential Nominations
database, covering the 97th through the 109th Congresses, provides for each nomination the
name of the nominee, nominee's state of residence, appointive position, date of nomination,
hearing date, date of committee vote, date of Senate action, and type of Senate vote
(including roll call vote numbers).
13
For each nominee not confirmed as of the close of the 109th Congress, his or her last
nomination was either (1) returned to the President when the Senate adjourned for, or took
a recess of, more than 30 days, or (2) withdrawn by the President. Columns in Appendices
1 and 5 indicate the last nominations of nominees which were returned or withdrawn, the
dates of such actions, and the Congress in which the actions occurred.
CRS-6
Appendices 1 and 5 show all of the persons nominated by President Bush to the
circuit and district courts. These tables, however, do not provide comprehensive
information on committee and full Senate actions taken on these individuals'
nominations -- such as Senate procedural votes and roll call votes on their
nominations, where Senate votes were by roll call. Detailed information of this sort
is provided in Appendices 2-4 (for circuit nominations) and 6-8 (for district
nominations).
Nominations Tables
The first six years of the presidency of George W. Bush roughly coincided in
time with three Congresses -- the 107th Congress (2001-2002), the 108th (2003-2004),
and the 109th (2005-2006). Six tables list all of the circuit and district court
nominations made by President Bush during each of the three Congresses, and any
committee or Senate actions taken on the nominations. Appendices 2, 3, and 4
provide this information for circuit court nominations in the 107th, 108th, and 109th
Congresses, respectively, and Appendices 6, 7, and 8 do so for district court
nominations in the same respective Congresses.14
Nominations in all six of these tables are listed in chronological order according
to the date on which each nomination was received by the Senate. The tables show
how far along each nomination progressed in the appointment process and how many
days elapsed in the process. The procedural progress of each nomination is shown by
separate columns which indicate, respectively, the date on which any of the following
occurred:
! the Judiciary Committee held a hearing on the nomination;
! the Judiciary Committee voted to report or take other action on the
nomination;
! the Senate voted for confirmation, or some other action occurred.
In the "final action" column, a date by itself indicates that the Senate confirmed
the nominee by voice vote or by unanimous consent. A confirmation date with a vote
tally underneath indicates that Senate confirmation was by a roll call vote. This
column also shows the final disposition of nominations failing to receive Senate
confirmation. An entry of "Returned, 11/20/02," for example, indicates that the
nomination was returned to the President on November 20, 2002 (upon the final
adjournment of the 107th Congress).15 An entry of "Withdrawn 03/19/01," as another
example, indicates that, on that date, the nomination was withdrawn by the
14
Appendix 2 excludes from its listing nine circuit court nominations submitted at the start
of the 107th Congress by outgoing President William J. Clinton. These nominations were
submitted at the very beginning of the 107th Congress but in the final weeks of President
Clinton's second term. All nine of these nominations were withdrawn by President Bush
on Mar. 19, 2001, although one of the nine nominees, Roger L. Gregory of Virginia, was
renominated by President Bush on May 9, 2001, and confirmed by the Senate on July 20,
2001.
15
Each such return occurs pursuant to Senate Rule XXXI, paragraph 6, which, as explained
earlier, provides for nominations to be returned to the President if the Senate adjourns or
takes a recess for more than 30 days.
CRS-7
President.16 The dates and roll call votes of other procedural actions affecting
nominations, such as motions to close debate, also have been entered in the "final
action" column.
The tables also show, for each nomination, the length of time that passed before
a committee hearing, committee vote, or final action took place. For each nomination,
separate columns present the number of days which elapsed between the Senate's
receipt of the nomination and the dates on which it received a hearing, committee
vote, or Senate vote. Also, at the bottom of each of these three columns, the tables
show the average number of days which elapsed between the President's submission
of judicial nominations to the Senate and the dates on which the nominations received
hearings, committee votes, or Senate votes. Each elapsed time average is shown in
two forms -- as the mean number, and as the median number, of elapsed days.17
Although the arithmetic mean is the true "average" number, it has the disadvantage
of being skewed by extremely high or low values in a distribution of numbers.
"Loosely speaking," one statistician has noted, "the median corresponds more closely
than the mean to the middle of a distribution [of a group of numbers]. It is unaffected
by extreme values."18
16
A President may withdraw a nomination for any number of reasons. The Mar. 19, 2001,
withdrawal by President Bush of nine nominations submitted earlier by President William
J. Clinton, mentioned in a table note to Appendix 2, was in keeping with the usual practice
of incoming Presidents to withdraw pending nominations submitted by their predecessors.
Presidents also sometimes withdraw their own nominations. A President might do so, for
example, if the Senate committee to which the nomination has been referred either has voted
against reporting the nomination to the Senate, or has made clear its intention not to act on
the nomination; if the nomination, even if reported, is likely to face substantial opposition
on the Senate floor; or if the nominee has requested that the nomination be withdrawn. By
the end of the 109th Congress, President Bush had withdrawn three of his circuit nominations
and three of his district court nominations. See, in Appendix 3, the Jan. 7, 2003, circuit
court nomination of Miguel A. Estrada, which, at the nominee's request, was withdrawn
by the President on Sept. 4, 2003, following seven unsuccessful votes in the Senate by
Estrada supporters to close debate on the nomination; in Appendix 4, the Feb. 14, 2005,
circuit court nomination of Henry W. Saad, which was withdrawn on Mar. 27, 2006, and the
Sept. 29, 2005, circuit court nomination of James H. Payne, which was withdrawn on Mar.
7, 2006; in Appendix 7, the Jan. 7, 2003, district nomination of Frederick W. Rohlfing III,
which was withdrawn on May 6, 2004; and, in Appendix 8, the Feb. 14, 2005, district
nomination of Daniel P. Ryan, which was withdrawn on Mar. 30, 2006, and the Feb. 14,
2006, district nomination of Jerome A. Holmes, which was withdrawn on May 4, 2006.
17
The mean number is the sum of the number of elapsed days for all of the nominations in
question divided by the number of those nominations. The median number is either (1) the
elapsed number of days for the nomination in the middle of the distribution of all the
nominations in question, with an equal number of the nominations having longer elapsed
times than that nomination, and an equal number of nominations having shorter elapsed
times; or (2) the mean of the elapsed number of days for the two nominations in the middle
of the distribution if there is no one middle nomination.
18
William H. Greene, Econometric Analysis, 5th ed. (Upper Saddle River, NJ: Prentice Hall,
2003), p. 847. For an introduction to median versus mean and arguments surrounding when
each should be used, see chapter 3 in Alan Agresti and Barbara Finlay, Statistical Methods
for the Social Sciences, 3rd ed. (Upper Saddle River, NJ: Prentice Hall, 1997).
CRS-8
The time averages presented in Appendices 2-4 and Appendices 6-8 are
calculated from time-elapsed data for specific nominations, as opposed to overall time
an individual might have been in nominee status. Thus, in the case of an individual
nominated twice to the same judgeship, time-elapsed data are counted separately for
each nomination -- rather than, for instance, measuring the time between a nominee's
first nomination and any action (hearing, committee vote, or Senate vote) on the
nominee's second nomination. A nomination not receiving a committee hearing,
committee vote, or Senate vote is excluded from the calculation of average time
between the nomination date and this particular procedural step. Also, three
nominations in which nominees received hearings were, nevertheless, excluded from
the calculations of average time between nomination and hearing because the hearings
in all three instances preceded the nomination dates.19
As noted above, some individuals were nominated more than once to a judgeship
within the same Congress. Appendix 2 includes 20 circuit court nominations,
submitted by President Bush during the 107th Congress, between May 9 and August
2, 2001, which the Senate returned to the President on August 3, 2001, at the start of
the Senate's August 2001 recess, pursuant to Senate Rule XXXI.20 Appendix 6
includes 20 district court nominations submitted by President Bush during the107th
Congress, between June 18 and August 2, 2001, which the Senate returned at the start
of its August 2001 recess. When the Senate reconvened on September 4, 2001,
President Bush renominated all 40 of the individuals involved.21 Similarly, footnotes
to the initial 20 circuit and 20 district court nominations that were returned to the
President indicate that the nominees in question were later renominated. In the 108th
and 109th Congresses, several additional nominees were renominated at least once in
the same Congress. In the 108th Congress, three individuals were nominated twice.22
19
In Appendix 2, see circuit court nomination of Sharon Prost on Sept. 4, 2001; in
anticipation of this nomination, the Judiciary Committee held a hearing for Ms. Prost on
Aug. 27, 2001. In Appendix 5, see district court nominations of Reggie B. Walton and
Terry L. Wooten on Sept. 4, 2001; in anticipation of these nominations, the Judiciary
Committee held a hearing for Walton on Aug. 22, 2001, and a hearing for Wooten on Aug.
27, 2001.
20
As noted earlier, Senate Rule XXXI, paragraph 6, provides that nominations pending in
the Senate at the time that the Senate adjourns or takes a recess of more than 30 days shall
be returned to the President. Usually, but not always, the Senate, before starting a recess
of more than 30 days, waives this rule by unanimous consent, allowing pending nominations
to remain in "status quo" and continue to be pending in the Senate after it reconvenes.
Sometimes, however, when Rule XXXI, paragraph 6, is not waived, nominations, pursuant
to the rule, are returned to the President and can only be considered again if they are
resubmitted by the President.
21
Footnotes to each of these "resubmitted" nominations are provided, indicating that the
nominees had been nominated earlier to the same judgeships.
22
In the 108th Congress, as Appendix 3 reveals, three persons were nominated more than
once to circuit judgeships; Claude A. Allen of Virginia was nominated to the Fourth Circuit
on Apr. 28, 2003, and Jan. 20, 2004; Charles W. Pickering Sr. of Mississippi was nominated
to the Fifth Circuit on Jan. 7, 2003, and Feb. 6, 2004; William H. Pryor Jr. of Alabama was
nominated to the Eleventh Circuit on Apr. 9, 2003, and Mar. 12, 2004. For both Pickering
and Pryor, the second nomination in the 108th Congress was to a life term to the position to
which they had been recess-appointed earlier in that same Congress.
CRS-9
In the 109th Congress, five individuals were nominated three times following returns
as the Senate went into recess in August and again in September.23
Several of President Bush's judicial nominees also have been nominated in more
than one Congress. Appendix 3, for example, shows that the first 14 circuit court
nominations in the 108th Congress were of individuals previously nominated in the
107th Congress. Likewise, Appendix 7 shows that the first 15 district court
nominations in the 108th Congress were of individuals previously nominated in the
107th Congress.24
More recently, in the 109th Congress, President Bush's first 20 judicial
nominations were all resubmissions from the 108th Congress. Submitted on February
14, 2005, the 20 resubmissions involved 12 circuit nominees and eight district court
nominees who had earlier nominations returned to the President at the final
adjournment of the 108th Congress.25 Moreover, six of the 12 circuit nominees had
been nominated in two prior Congresses -- in the 107th as well as in the 108th -- as
had two of the eight district court nominees.26
23
See, in Appendix 4, the Feb. 14, 2005, Sept. 5, 2006, and Nov. 15, 2006, nominations of
Terrence W. Boyle of North Carolina to the Fourth Circuit, William G. Myers III of Idaho
to the Ninth Circuit, and William J. Haynes II, of Virginia, also to the Fourth Circuit; the
Dec, 16, 2005, Sept. 5, 2006, and Nov. 15, 2006, nominations of N. Randy Smith of Idaho
to the Ninth Circuit; and the Feb. 8, 2006, Sept. 5, 2006, and Nov. 15, 2006, nominations
of Michael B. Wallace of Mississippi to the Fifth Circuit.
24
All of these resubmitted nominations are footnoted in Appendices 3 and 7 to indicate that
the persons involved also had been nominated in the 107th Congress.
25
All of the nominations returned at the end of the 108th Congress which were resubmitted
in the 109th Congress have footnotes in Appendices 3 and 7 to indicate that fact.
26
See in Appendices 2 and 3 the circuit court nominations in the 107th and 108th Congresses
of Terrence W. Boyle, Priscilla R. Owen, Richard A. Griffin, David W. McKeague, Susan
B. Neilson, and Henry W. Saad. See in Appendices 6 and 7 the district court nominations
in the 107th and 108th Congresses of Thomas L. Ludington and James C. Dever III.
CRS-10
Statistical Findings from the Tables
Circuit Court Nominees During the Presidency
of George W. Bush
Between January 20, 2001, and December 9, 2006, 51 of President George W.
Bush's 68 nominees to the U.S. circuit courts received Senate confirmation.27 Of the
17 nominees not confirmed, the nominations of three were withdrawn by the
President,28 and the remaining 14 were returned at the end of a Congress.29 Four of
the 14, after having their nominations returned at the end of the 109th Congress, were
renominated at the start of the110th Congress.30
Nominees Failing to Receive Senate Votes after Unsuccessful
Cloture Motions. None of President Bush's circuit court nominees has been
rejected by the Senate on a vote of whether to confirm. However, in the 108th
Congress, in the face of significant opposition to their nominations on the Senate
27
Appendix 1 identifies all of President Bush's confirmed circuit court nominees and their
confirmation dates, as of Dec. 9, 2006, listing the nominees in alphabetical order.
28
See, in Appendix 3, the Jan. 7, 2003, nomination of Miguel A. Estrada of Virginia and,
in Appendix 4, the Feb. 14, 2005, nomination of Henry W. Saad of Michigan and the Sept.
29, 2005, nomination of James H. Payne of Oklahoma -- all three of which subsequently
were withdrawn by President Bush.
29
The nominations of eight of the 14 were returned at the end of a Congress and not
resubmitted in a subsequent Congress. Specifically, the Oct. 8, 2001, nomination of
William H. Steele of Alabama (in Appendix 2) was returned to the President at the end of
the 107th Congress and not resubmitted in a subsequent Congress. The Jan. 7, 2003,
nomination of Carolyn B. Kuhl of California, the Jan. 7, 2003, and Feb. 6, 2004,
nominations of Charles W. Pickering Sr. of Mississippi, and the Jan. 20, 2004, nomination
of Claude A. Allen of Virginia (all in Appendix 3) were returned to the President at the end
of the 108th Congress and not resubmitted in the 109th Congress. The Nov. 15, 2006,i
nominations of Terrence W. Boyle of North Carolina, William G. Myers III of Idaho,
William J. Haynes II of Virginia, and Michael B. Wallace of Mississippi (all in Appendix
4) were returned at the end of the 109th Congress, and subsequent news accounts reported
that all four nominees had asked the President that they not be renominated in the 110th
Congress. See Neil A. Lewis, "Bush Drops Plans to Renominate 3 Judges," New York
Times, Jan. 10, 2007, p. A18, and Seth Stern, "Fifth Circuit Nominee Takes Himself Out of
the Running," CQ Today, Dec. 26, 2006, available at [http://www.cq.com].
The nominations of two of the 14 (see in Appendices 1 and 4, the June 28, 2006,
nominations to the Sixth Circuit of Raymond M. Kethledge of Michigan and Stephen J.
Murphy II, both of Michigan), after being returned at the end of the 109th Congress, were
reportedly, as of Jan. 9, 2007, under consideration for renomination in the 110th Congress.
See Ed Whelan, "Re: Court of Appeals Nominations," Bench Memos, Jan. 9, 2007, available
at [http://bench.nationalreview.com].
The nominations of four of the 14, as discussed in the next footnote, after being
returned at the end of the 109th Congress, were resubmitted at the beginning of the 110th
Congress.
30
As of Jan. 19, 2007, the four persons renominated to circuit judgeships in the 110th
Congress were Thomas M. Hardiman, Peter D. Keisler, and Debra A. Livingston (all
renominated on Jan. 9, 2007), and N. Randy Smith (renominated on Jan. 16, 2007). See
Appendices 1 and 4.
CRS-11
floor, 10 circuit court nominees failed to receive final Senate votes after one or more
motions to close debate on their nominations proved unsuccessful.31 Subsequently,
in the 109th Congress, following controversy over the propriety of filibusters on
judicial nominations, a compromise was reached in the Senate,32 which resulted in
confirmation votes for five of those 10 circuit nominees.33 The five others among the
10, however, ultimately failed to gain confirmation: the nomination of one of the five
was withdrawn in the 108th Congress (after seven unsuccessful votes on motions to
close debate);34 the nominations of two were returned at the end of the 108th Congress
and were not followed by renomination in the 109th Congress;35 a renomination of the
fourth was withdrawn in the 109th Congress;36 and the fifth nominee was renominated
in the 109th Congress but was not renominated at the beginning of the 110th
Congress.37
Recess Appointments. Two of the 10 circuit nominees on whom the Senate
could not agree to close debate in the 108th Congress were, later in that Congress,
given temporary recess appointments by President Bush. After the recess appointment
of one of these nominees expired at the end of the 108th Congress, he was not re-
nominated by President Bush in the 109th Congress.38 Prior to the expiration of the
31
The Senate can close debate by passing a cloture motion, which requires a super-majority
of three-fifths of the Senate, or 60 Members, voting in favor. During the 108th Congress,
the 10 nominations on which the Senate voted, on one or more occasions, not to close debate
were the Jan. 7, 2003, nominations of Miguel Estrada of Virginia, Richard A. Griffin of
Michigan, Carolyn B. Kuhl of California, David W. McKeague of Michigan, Priscilla R.
Owen of Texas, Charles W. Pickering Sr. of Mississippi, and Henry W. Saad of Michigan;
the Apr. 9, 2003, nomination of William H. Pryor Jr. of Alabama; the May 15, 2003,
nomination of William G. Myers III of Idaho; and the July 25, 2003, nomination of Janice
R. Brown of California. On each of these occasions, as Appendix 3 shows, the number of
votes needed to close debate fell short of 60.
32
For an account of how this compromise was reached, as well as of the details of the
compromise, see David Nather, "The Centrists Strike Back," CQ Weekly, vol. 63, May 30,
2005, p. 1420.
33
See, in Appendix 4, the Feb. 14, 2005, nominations of Richard A. Griffin, David W.
McKeague, Priscilla R. Owen, William H. Pryor Jr., and Janice R. Brown -- all
subsequently confirmed.
34
See, in Appendix 3, the Jan. 7, 2003, nomination of Miguel A. Estrada.
35
See, in Appendix 3, the Jan. 7, 2003, nominations of Carolyn B. Kuhl and Charles W.
Pickering Sr.
36
See, in Appendix 4, the Feb. 14, 2005, nomination of Henry W. Saad.
37
See, in Appendix 1, the nominations of William G. Myers III. Myers was renominated
three times in the 109th Congress, with each nomination returned to the President upon a
Senate recess of more than 30 days (the last return occurring at the final adjournment of the
109th Congress). Media accounts at the opening of the 110th Congress reported that
President George W. Bush did not intend to resubmit Myers in the 110th Congress. See
Keith Perine, "Bush Pulls Plug on Doomed Judicial Nominations, but Differences Remain,"
CQ Today News, Jan. 9, 2007, available at [http://www.cq.com].
38
On Jan. 16, 2004, between the first and second sessions of the 108th Congress, Charles W.
Pickering Sr. of Mississippi (whose nomination in the 107th Congress had been rejected by
(continued...)
CRS-12
other nominee's recess appointment, he was renominated by President Bush in the
109th Congress and subsequently confirmed by the Senate.39
Nominees Defeated in Committee. Two of President Bush's circuit
nominations were defeated in committee votes. These defeats occurred when the
Senate Judiciary Committee, in the 107th Congress, voted not to report their
nominations to the Senate.40 The two nominees were renominated by President Bush
in the 108th Congress and this time were reported out favorably by the Judiciary
Committee.41 However, they (along with eight other circuit nominees) failed to
receive final Senate votes in the 108th Congress, after motions to close debate on their
nominations proved unsuccessful. Ultimately, one of the two nominees was
renominated in the 109th Congress and confirmed by the Senate in a 55-43 roll call
vote.42 The other nominee was given a temporary recess appointment by President
between the first and second sessions of the 108th Congress; at the end of that
Congress, his recess appointment expired, and he was not renominated by President
Bush in the 109th Congress.43
Length in Time of the Appointment Process. Appendix 1 reveals that
President Bush's circuit court nominees have varied considerably in how quickly they
have advanced through the appointment process.44 For some who were nominated
38
(...continued)
the Senate Judiciary Committee) was recess appointed to the Fifth Circuit by President
Bush. The appointment expired on Dec. 8, 2004, at the end of the second session of the
108th Congress. Judge Pickering retired at that time and was not renominated by President
Bush in the 109th Congress. In Appendix 3, see the Jan. 7, 2003, and Feb. 6, 2004,
nominations of Judge Pickering, both of which were returned to the President on Dec. 8,
2004.
39
On Feb. 20, 2004, during a recess within the second session of the 108th Congress,
William H. Pryor Jr. of Alabama was recess appointed to the Eleventh Circuit by President
Bush. The appointment was to expire at the end of the Senate's first session in the 109th
Congress, the sine die adjournment of which occurred on Dec. 22, 2005. However, on Feb.
14, 2005, early in the 109th Congress, Pryor was renominated by President Bush and
confirmed on June 9, 2005, more than six months before his recess appointment would have
expired. See, in Appendix 3, the Apr. 9, 2003, and Mar. 12, 2004, nominations of Pryor,
both of which were returned to the President on Dec. 8, 2004, and, in Appendix 4, the Feb.
14, 2005, nomination, which was confirmed.
40
See, in Appendix 2, the Sept. 4, 2001, nominations of Priscilla R. Owen of Texas and
Charles W. Pickering Sr., of Mississippi, both to the Fifth Circuit. In the case of both
nominations, the committee defeated successive motions to report favorably, to report
without recommendation, and to report unfavorably (doing so with the Pickering nomination
on Mar. 14, 2002, and with the Owen nomination on Sept. 5, 2002).
41
See, in Appendix 3, the Jan. 7, 2003, nominations of Priscilla R. Owen and Charles W.
Pickering Sr.
42
See, in Appendix 4, the Feb. 14, 2005, nomination of Priscilla R. Owen.
43
See above footnote regarding the Jan. 16, 2004, recess appointment of Charles W.
Pickering Sr. of Mississippi to the Fifth Circuit by President Bush.
44
Specifically, it will be noted, the table shows, among other things, the number of days that
elapsed from the date of each nominee's first nomination to the date of the final disposition
(continued...)
CRS-13
more than once to a circuit judgeship, the elapsed time between first nomination and
final disposition on a subsequent nomination has extended over two or more
Congresses. For other individuals, though, the overall appointment process was
much briefer.
Specifically, Appendix 1 shows that, during the course of his presidency, 20 of
George W. Bush's 68 circuit court nominees have been nominated in two or more
Congresses -- with 14 nominated in two Congresses, and six nominated in three
successive Congresses. Of the six nominated in three Congresses, four have been
confirmed,45 one was withdrawn,46 and the nomination of the sixth person was
returned at the end of the 109th Congress and was not resubmitted at the beginning of
the 110th Congress.47
Confirmed Nominees. The longest interval between first nomination and
confirmation for a Bush circuit nominee was 1,477 days -- slightly more than four
years.48 The least amount of elapsed time for a circuit nominee between first
nomination and confirmation was 63 days.49 The bottom rows of Appendix 1 show
44
(...continued)
of the nominee's last nomination, as of the end of the 109th Congress.
45
See the nominations of: Priscilla R. Owen to the Fifth Circuit on May 9, 2001, and Sept.
4, 2001 (both in 107th Congress), Jan. 7, 2003 (108th Congress), and Feb. 14, 2005 (109th
Congress) -- the last confirmed on May 25, 2005; David W. McKeague to the Sixth Circuit
on Nov. 8, 2001 (107th Congress), Jan. 7, 2003 (108th Congress), and Feb. 14, 2005 (109th
Congress) -- the last confirmed on June 9, 2004; Susan B. Neilson to the Sixth Circuit on
Nov. 8, 2001 (107th Congress), Jan. 7, 2003 (108th Congress), and Feb. 14, 2005 (109th
Congress) -- - the last confirmed on Oct. 27, 2005; and Richard A. Griffin to the Sixth
Circuit on June 26, 2002 (107th Congress), Jan. 7, 2003 (108th Congress), and Feb. 14, 2005
(109th Congress) -- the last confirmed on June 9, 2005.
46
See the nominations of Henry W. Saad to the Sixth Circuit on Nov. 8, 2001 (107th
Congress), Jan. 8, 2003 (108th Congress), and Feb. 14, 2005 (109th Congress). The last
nomination was withdrawn on Mar. 27, 2006.
47
See the nominations of Terrence W. Boyle to the Fourth Circuit on May 9, 2001, and Sept.
4, 2001 (both in the 107th Congress), Jan. 7, 2003 (108th Congress), and Feb. 14, 2005, Sept.
5, 2006, and Nov. 15, 2006 (all in the 109th Congress).
48
See again, in Appendix 1, nominee Priscilla R. Owen, first nominated on May 9, 2001,
and confirmed on May 25, 2005. The circuit nominees with the next highest number of days
elapsed between their first nomination and confirmation were the other three nominees,
mentioned above, who were confirmed after being nominated in three straight Congresses:
Susan B. Neilson (1,449 days -- first nominated Nov. 8, 2001), David W. McKeague (1,309
days -- first nominated Nov. 8, 2001), and Richard A. Griffin (1,079 days -- first
nominated June 26, 2002).
49
See in Appendix 1 the nomination of Bobby E. Shepherd to the Eighth Circuit on May
18, 2006, which was confirmed on July 20, 2006. The circuit nominees with the next-fewest
number of days of elapsed time between their first (and only) nomination and confirmation
were Michael A. Chagares to the Third Circuit (69 days -- nominated Jan. 25, 2006),
William J. Riley to the Eighth Circuit (71 days -- nominated May 23, 2001), and Roger L.
Gregory to the Fourth Circuit (72 days -- nominated May 9, 2001). It should be noted that
Gregory had been nominated twice earlier by President William J. Clinton -- with the
(continued...)
CRS-14
that for President Bush's 51 circuit nominees confirmed, the average elapsed time
between first nomination and final disposition was 366 days. This average, or mean,
was arrived at by summing the number of days between first nomination and
confirmation for all 51 nominees in question, and then dividing by 51. However, the
median elapsed time (i.e., the time interval for the nominee in the midpoint of the
distribution of the 51 confirmed nominees) was significantly less -- 216 days. In
other words, for 25 of the 51 confirmed circuit nominees, the elapsed time between
first nomination and confirmation was less than 216 days; for one nominee, in the
midpoint of the distribution, the elapsed time was exactly 216 days;50 and for 25
others, the elapsed time was more than 216 days.51
Withdrawn or Returned Nominees. As discussed above,52 17 other circuit
court nominees, as of the end of the 109th Congress, saw their most recent
nominations withdrawn by the President or returned to the President. Among the 17
nominees, the most elapsed time between first nomination and final disposition of last
nomination was 2,040 days,53 whereas the least elapsed time for this interval was 87
days.54 The mean elapsed time for the relatively small number of nominees in this
category was 710 days, and the median elapsed time was 407 days.55
President Bush's Circuit Court Nominations
During Particular Congresses
49
(...continued)
second nomination occurring in the last days of the Clinton presidency -- and that President
Bush, upon assuming office, withdrew that second nomination, only to renominate Gregory
himself on May 9, 2001. However, Appendix 1 lists the May 9, 2001, nomination as not
the second or third, but the first and only nomination, of Gregory, because it is a table
devoted exclusively to President Bush's circuit court nominees.
50
See, in Appendix 1, the nomination of Michael J. Melloy to the Eighth Circuit. Melloy
was first nominated on July 10, 2001. That nomination was returned by the Senate on
August 3, 2001. Melloy was renominated on Sept. 4, 2001, and confirmed on Feb. 11, 2002
-- a nomination-to-confirmation time interval of 216 days.
51
The mean (366 days) was much higher than the median (216 days) because the amount
of time elapsed between certain nominees' first nominations and their confirmation dates
was markedly higher than nearly all other nominees. See in particular nominees Priscilla
R. Owen (elapsed time 1,477 days), Susan B. Neilson (1,449 days), David W. McKeague
(1,309 days), and Richard A. Griffin (1,079 days).
52
See, earlier in the body of this report, the first paragraph after the heading "Circuit Court
Nominees During the Presidency of George W. Bush."
53
See, in Appendix 1, the first nomination of Terrence W. Boyle to the Fourth Circuit on
May 9, 2001, and the return of his sixth, and last, nomination on Dec. 9, 2006 -- 2,040 days
later.
54
See, in Appendix 1, the first, nomination of Thomas M. Hardiman to the Third Circuit
on Sept. 13, 2006, which was returned to the President on Dec. 9, 2006, 87 days later.
Hardiman was renominated to the Third Circuit on Jan. 9, 2007.
55
See, in Appendix 1, the nomination of William H. Steele to the Eleventh Circuit. Steele
was nominated on Oct. 9, 2001, and that nomination was returned to the President on Nov.
20, 2002 -- a time interval of 407 days.
CRS-15
The following are among the key statistical findings concerning President Bush's
circuit court nominations during particular Congresses, and the actions and amount
of time taken on them.
The 107th Congress. President Bush submitted a total of 52 circuit court
nominations to the Senate during the 107th Congress. Twenty of the 52 nominations,
however, were resubmissions (i.e., renominations of persons nominated earlier in the
Congress). The resubmissions occurred when 20 circuit nominations, which had been
returned by the Senate to President Bush at the beginning of the Senate's August 2001
recess, were resubmitted as new nominations upon the Senate's reconvening in
September 2001. Hence, 32 individuals were nominated by President Bush to circuit
judgeships during the 107th Congress.
Of these 32 individuals, 17 were confirmed by the Senate (14 by roll call votes),56
and 15 saw their nominations returned to the President at the final adjournment of the
107th Congress. Of the 15 nominees not confirmed, 12 did not receive a Judiciary
Committee hearing; one received a committee hearing but not a committee vote;57 and
two were defeated in committee when the Judiciary Committee voted not to report
their nominations.58 The President renominated 14 of the 15 unconfirmed nominees
at the start of the 108th Congress.59
For circuit nominations that received committee hearings, committee votes, or
Senate confirmation votes in the 107th Congress, the average (mean) numbers of days
that elapsed between the date the nomination was received in the Senate and the
aforementioned actions were as follows:
! For 19 of the 20 circuit nominations receiving committee hearings,60
an average of 176 days elapsed between the date a nomination was
received in the Senate and the holding of a hearing; the briefest time
56
The closest roll call was the 55-44 vote, on Nov. 19, 2002, confirming Dennis Shedd of
South Carolina to the Fourth Circuit; the second-closest was the 64-35 vote, on July 31,
2002, confirming D. Brooks Smith of Pennsylvania to the Third Circuit. In all the other roll
call votes on whether to confirm circuit court nominations, the Senate voted unanimously
in favor of confirmation, except for one roll call, in which one "nay" vote was recorded.
See Appendix 2.
57
See, in Appendix 2, the Sept. 4, 2001, nomination of Miguel A. Estrada to the D.C.
Circuit.
58
See, in Appendix 2, the Sept. 4, 2001, nominations of Priscilla R. Owen and Charles W.
Pickering Sr., both to the Fifth Circuit.
59
The Oct. 9, 2001, nomination of William H. Steele to the Eleventh Circuit, in Appendix
2, was returned to the President at the final adjournment of the 107th Congress on Nov. 20,
2002. Steele was not re-nominated in the 108th Congress. Table notes in Appendix 3
identify the 14 other circuit nominees who were renominated in the 108th Congress, after
their earlier nominations were returned to the President at the end of the 107th Congress.
60
A 20th circuit court nomination also received a committee hearing, but it was excluded
from the calculation of average elapsed time between date of nomination and committee
hearing because its hearing date preceded its nomination date. See, in Appendix 2, the
Sept. 24, 2001, nomination of Sharon Prost, in anticipation of which the Senate Judiciary
Committee held a hearing, on Aug. 27, 2001.
CRS-16
elapsing from Senate receipt to committee hearing was nine days, and
the longest time was 387 days.
! For the 19 circuit nominations receiving committee votes, an average
of 194 days elapsed between Senate receipt and committee vote; the
briefest time elapsing from Senate receipt to committee vote was two
days,61 and the longest time (for two nominations) was 436 days.
! For the 17 circuit nominations receiving final Senate votes (all in
favor of confirmation), an average of 210 days elapsed between
Senate receipt and final Senate vote; the briefest time elapsing from
Senate receipt to Senate confirmation vote was 17 days, and the
longest time was 441 days.
For the 35 circuit nominations that were not confirmed, an average of 204 days
elapsed between Senate receipt and final action; the briefest time elapsing was one
day, and the longest time was 442 days.
The 108th Congress. President Bush submitted a total of 37 circuit court
nominations to the Senate during the 108th Congress. Three of the 37 nominations,
however, were renominations of persons nominated earlier in the Congress.62 Hence,
34 individuals were nominated by President Bush to circuit judgeships during the
108th Congress.
The 34 individuals nominated by President Bush to circuit judgeships during the
108th Congress included 14 who had first been nominated in the 107th Congress and
then resubmitted. Of the 34 nominees, 18 (including five of the resubmissions) were
confirmed by the Senate (14 by roll call votes),63 the nomination of one was
withdrawn by the President during the first session of the 108th Congress, and the
nominations of 15 were returned at the Congress's final adjournment. All but one of
61
The nomination which received a committee vote just two days after its receipt by the
Senate was a resubmission of an earlier nomination to the same judgeship. See, in Appendix
2, the Sept. 4, 2001, nomination of Sharon Prost of the District of Columbia to the District
of Columbia Circuit. A hearing was held on Aug. 27, 2001, in anticipation of Ms. Prost's
renomination, paving the way for a committee vote after Senate receipt of the nomination
without the need for a hearing first.
62
See in Appendix 3 the nomination of Charles W. Pickering Sr. to the Fifth Circuit on Jan.
7, 2003, followed by his renomination on Feb. 6, 2004; of Claude A. Allen to the Fourth
Circuit on Apr. 28, 2003, followed by his renomination on Jan. 20, 2004; and of William H.
Pryor Jr. to the Eleventh Circuit on Apr. 9, 2003, followed by his renomination on Mar. 12,
2004.
63
The closest roll call vote on whether to confirm was the 52-41 vote, on Apr. 29, 2003,
confirming Jeffrey S. Sutton of Ohio to the Sixth Circuit; the second-closest was the 58-41
vote, on Apr. 1, 2003, confirming Timothy M. Tymkovich of Colorado to the Tenth Circuit.
Substantial, though lesser, numbers of votes against confirmation were cast in the 66-25 vote
on May 5, 2003, to confirm Deborah L. Cook of Ohio to the Sixth Circuit; the 70-27 vote
on June 24, 2004, to confirm Diane S. Sykes of Wisconsin to the Seventh Circuit; and the
74-19, vote on Mar. 13, 2003, to confirm Jay S. Bybee of Nevada to the Ninth Circuit. In
the 10 other roll call confirmation votes for circuit nominees, the Senate voted in favor of
confirmation unanimously or with one "nay" vote recorded. See Appendix 3.
CRS-17
the 34 nominees received a hearing (31 during the 108th Congress, two during the
prior Congress),64 and 30 were reported out of committee, all favorably. Of the 16
circuit nominees not confirmed, one did not receive a committee hearing; no
committee vote was taken on three others; and 12 did not receive final Senate votes.
In the case of 10 of the 12 nominees, cloture motions filed to close debate on their
nominations failed to receive the required 60 votes.65 Two of the 10 nominations on
which motions to close debate failed were of the two persons who had been defeated
in the Senate Judiciary Committee in the 107th Congress.66 The nomination of one of
the other 10 nominees was withdrawn by the President, after seven unsuccessful
motions were made in the Senate to close debate on the nomination.67
For circuit nominations that received committee hearings, committee votes, or
Senate confirmation votes in the 108th Congress, the average (mean) numbers of days
that elapsed between the date the nomination was received in the Senate and the
aforementioned actions were as follows:
! For the 31 circuit nominations receiving hearings, an average of 145
days elapsed between the date the nomination was received in the
Senate and the holding of a hearing; the briefest time elapsing from
Senate receipt to committee hearing was (for three nominations) 22
days, and the longest time was 610 days.
! For the 30 circuit nominations receiving committee votes, an average
of 173 days elapsed between Senate receipt and committee vote; the
64
Two of the three circuit court nominees during the 108th Congress who did not receive
hearings during that Congress -- Miguel Estrada of Virginia and Charles W. Pickering Sr.
of Mississippi -- had received hearings during the 107th Congress. The third circuit
nominee not to receive a hearing during the 108th Congress, Terrence W. Boyle of North
Carolina, had been nominated twice earlier, during the 107th Congress, and had not received
a hearing on either of these nominations as well. Between his first nomination on May 9,
2001, in the 107th Congress and the return of his third nomination to the President at the
final adjournment of the 108th Congress on Dec. 8, 2004, Boyle was a circuit court nominee
for more than three sessions of Congress without receiving a hearing. Subsequently,
however, in the 109th Congress, Boyle was nominated to the circuit court a fourth time by
President Bush, on Feb. 14, 2005, and received a hearing on this nomination on Mar. 3,
2005. See Appendices 2, 3, and 4.
65
As noted earlier, the 10 nominations on which the Senate voted, on one or more occasions,
not to close debate were the Jan. 7, 2003, nominations of Miguel A. Estrada of Virginia,
Richard A. Griffin of Michigan, Carolyn B. Kuhl of California, David W. McKeague of
Michigan, Priscilla R. Owen of Texas, Charles W. Pickering Sr. of Mississippi, and Henry
W. Saad of Michigan; the Apr. 9, 2003, nomination of William H. Pryor Jr. of Alabama; the
May 15, 2003, nomination of William G. Myers III of Idaho; and the July 25, 2003,
nomination of Janice R. Brown of California. See Appendix 3.
66
See, in Appendix 2 , the Mar. 14, 2002, votes by the Senate Judiciary Committee against
reporting the nomination of Charles W. Pickering Sr., and the Sept. 5, 2002, votes by the
committee against reporting the nomination of Priscilla R. Owen.
67
See, in Appendix 3, the Jan. 7, 2003, nomination of Miguel A. Estrada, which was
withdrawn by the President on Sept. 4, 2003, following seven Senate votes on motions to
close debate on the nomination.
CRS-18
briefest time elapsing from Senate receipt to committee vote was 23
days, and the longest time 636 days.
! For the 18 circuit nominations which received Senate confirmation
votes, an average of 140 days elapsed between Senate receipt and
final Senate vote; the briefest time elapsing from Senate receipt to
Senate confirmation vote was 65 days, and the longest time was 234
days.68
For the 19 circuit nominations that were not confirmed, an average of 516 days
elapsed between Senate receipt and final action, the briefest time elapsing was 212
days, and the longest time was 701 days (for eight nominations).
The 109th Congress. President Bush submitted a total of 40 circuit
nominations to the Senate during the 109th Congress. Twelve of the nominations,
however, were renominations of persons nominated earlier in the Congress. (The
renominations followed the return to the President of one nomination at the end of the
1st session of the Congress,69 the return of five nominations at the start of the Senate's
August 2006 recess,70 and the return of six nominations when the Senate recessed
again for more than 30 days on September 29, 2006.71) Hence, 28 individuals were
nominated by President Bush to circuit judgeships during the 109th Congress.
The 28 individuals nominated by President Bush to circuit judgeships during the
109th Congress included 12 who were nominated in the 108th Congress and then
renominated in the 109th Congress. Seven of the 12 had seen one or more
unsuccessful votes on the Senate floor to close debate on their nominations in the
108th Congress. Of the 28 nominees in the 109th Congress, the nominations of 16
(seven of them resubmissions from the 108th Congress) were confirmed by the Senate
(all but two by roll call);72 two were withdrawn by the President;73 and 10 were
68
Appendix 3 excludes from the measurement and averaging of times from Senate receipt
to final Senate vote the 10 circuit nominations during the 108th Congress on which there
were votes on motions to close Senate debate but no final votes on whether to confirm.
69
See in Appendix 4 the return of the Feb. 14, 2005, nomination of Brett M. Kavanaugh,
followed by his renomination on Jan. 25, 2006.
70
See in Appendix 4 the return of the Feb. 14, 2005, nominations of Terrence W. Boyle,
William J. Haynes II and William G. Myers III, the Dec. 16, 2005, nomination of N. Randy
Smith, and the Feb. 8, 2006, nomination of Michael B. Wallace, all of whom were
renominated on Sept. 5, 2006.
71
See in Appendix 4 the return of the June 29, 2006, nomination of Peter D. Keisler and the
return of the Sept. 5, 2006, nominations of Terrence W. Boyle, William J. Haynes II,
William G. Myers III, N. Randy Smith, and Michael B. Wallace, all of whom were
renominated on Nov. 15, 2006.
72
On three of the nominations, the roll call votes were relatively close. See in Appendix
4, the 53-45 vote on June 9, 2005, confirming William H. Pryor Jr. of Alabama to the
Eleventh Circuit; the 55-43 vote on May 25, 2005, confirming Priscilla R. Owen of Texas
to the Fifth Circuit; and the 56-43 vote on June 8, 2005, confirming Janice R. Brown of
California to the Ninth Circuit. On three other roll call votes, there was less, but still
(continued...)
CRS-19
returned at the end of the Congress. Two of the 28 nominees were nominated twice
in the 109th Congress;74 five were nominated three times.75 Twenty-four of the 28
circuit nominees in the 109th Congress had received hearings (either in the 109th or in
the prior Congress), and the nominations of 21 had been reported out of committee,
all favorably. Of the 10 nominees returned to the President at the end of the 109th
Congress, three did not receive a hearing, while the other seven received hearings on
at least one of their nominations in the 109th Congress.
For circuit nominations that received committee hearings, committee votes, or
Senate confirmation votes in the 109th Congress, the average (mean) numbers of days
that elapsed between the date the nomination was received in the Senate and the
aforementioned actions were as follows:
! For the 17 circuit nominations receiving hearings in the 109th
Congress,76 an average of 76 days elapsed between the date the
nomination was received in the Senate and the holding of a hearing;
the briefest time elapsing from Senate receipt to committee hearing
was 15 days, and the longest time was 512 days.
! For the 20 circuit nominations receiving committee votes, an average
of 87 days elapsed between Senate receipt and committee vote; the
72
(...continued)
substantial, recorded opposition to confirmation. See in Appendix 4 the 73-24 vote on June
14, 2005, confirming Thomas B. Griffith to the District of Columbia Circuit; the 57-36 vote
on May 26, 2006, confirming Brett M. Kavanaugh to the District of Columbia Circuit; and
the 67-30 vote on July 25, 2006, confirming Jerome A. Holmes to the Tenth Circuit. On the
eight other roll call votes, the Senate voted unanimously in favor of confirmation. Two
other nominees, Neil M. Gorsuch (Tenth Circuit) and Bobby Shepherd (Eighth Circuit),
were confirmed in an en bloc voice vote on July 20, 2006.
73
See in Appendix 4 the Feb. 14, 2005, nomination of Henry W. Saad of Michigan to the
Sixth Circuit (withdrawn on Mar. 27, 2006), and the Sept. 29, 2005, nomination of James
H. Payne of Oklahoma to the Tenth Circuit (withdrawn on Mar. 7, 2006).
74
See in Appendix 4 the Feb. 14, 2005, and Jan. 25, 2006, nominations of Brett M.
Kavanaugh of Maryland to the District of Columbia Circuit and the June 29, 2006, and Nov.
15, 2006, nominations of Peter D. Keisler to the District of Columbia Circuit.
75
See, in Appendix 4, the Feb. 14, 2005, Sept. 5, 2006, and Nov. 15, 2006, nominations of
Terrence W. Boyle of North Carolina to the Fourth Circuit, William G. Myers III of Idaho
to the Ninth Circuit, and William J. Haynes II, of Virginia, also to the Fourth Circuit; the
Dec, 16, 2005, Sept. 5, 2006, and Nov. 15, 2006, nominations of N. Randy Smith of Idaho
to the Ninth Circuit; and the Feb. 8, 2006, Sept. 5, 2006, and Nov. 15, 2006, nominations
of Michael B. Wallace of Mississippi to the Fifth Circuit.
76
Seven other circuit court nominees in the109th Congress had received hearings earlier, on
nominations referred to the Judiciary Committee in the 108th Congress. In addition to those
seven, Brett M. Kavanaugh received hearings in both the 108th and 109th Congresses. See
Appendix 1.
CRS-20
briefest time elapsing from Senate receipt to committee vote was 16
days,77 and the longest time was 248 days.
! For the 16 circuit nominations which received Senate confirmation
votes, an average of 115 days elapsed between Senate receipt and
final Senate vote; the briefest time elapsing from Senate receipt to
Senate confirmation vote was 63 days, and the longest time was 255
days.
For the 24 circuit nominations that were not confirmed, an average of 159 days
elapsed between Senate receipt and final action; the briefest time elapsing was 24
days, and the longest time was 535 days.
District Court Nominees During the Presidency
of George W. Bush
During the presidency of George W. Bush -- from January 20, 2001, through
December 9, 2006 -- 206 of his 237 nominees to the U.S. district courts received
Senate confirmation. Of the 31 nominees not confirmed, the nominations of three
were withdrawn by the President,78 and the other 28 were returned at the end of the
109th Congress.79 (As of January 19, 2007, 24 of the 28 were renominated to the same
district court judgeships in the 110th Congress, while one other was nominated again,
but this time to a circuit judgeship.)80 None of President Bush's district nominees has
been defeated in a committee vote or rejected in a Senate confirmation vote.
An examination of Appendix 5 reveals that President Bush's district court
nominees have varied considerably in how quickly they have advanced through the
appointment process. Of the 237 individuals nominated by the President to district
judgeships (as of the end of the 109th Congress), 216 were nominated in only one
Congress (with 187 confirmed in their respective Congresses, 28 returned at the end
of the 109th Congress, and one withdrawn in the same Congress as his first
77
This calculation is the time from receipt of the second nomination of N. Randy Smith to
the Ninth Circuit. The committee vote on Sept. 21, 2006, came 279 days after the first
nomination on Dec. 16, 2005. If this nomination is excluded, the shortest interval from
nomination to committee vote in the 109th Congress was 31 days.
78
See, in Appendices 5 and 7, the Jan. 7, 2003, nomination of Frederick W. Rohlfing III
to the District of Hawaii (withdrawn on May 6, 2004), and in Appendices 5 and 8 the Feb.
14, 2005, nomination of Daniel P. Ryan to the Eastern District of Michigan (withdrawn on
Mar. 30, 2006) and the Feb. 14, 2006, nomination of Jerome A. Holmes to the Northern
District of Oklahoma (withdrawn on May 4, 2006).
79
See, in Appendix 8, the 28 nominations with the listing of "Returned 12/09/06" in the
"Final Action" column.
80
See notes in Appendices 5 and 8 that identify nominees who were renominated in the
110th Congress. The district court nominee in the 109th Congress who was renominated in
the 110th Congress to a circuit judgeship was Leslie Southwick (initially nominated to
Southern District of Mississippi, then nominated to the Fifth Circuit).
CRS-21
nomination).81 Of the remaining 21 individuals, 19 were nominated in two
Congresses,82 and two were nominated in three Congresses.83 Nineteen of the 21
nominated in more than one Congress were confirmed; 18 in the second Congress in
which they were nominated, one in the third Congress in which he was nominated.84
The other two nominees whose nominations were submitted in more than one
Congress were withdrawn by the President.85
Confirmed Nominees. Of President Bush's 206 confirmed district court
nominees, 187 were confirmed within the same Congress in which they were first
nominated, with 19 confirmed in a subsequent Congress. The most elapsed time for
a district court nominee between first nomination and confirmation was 1,365 days,
almost three years and nine months.86 The least amount of elapsed time for a district
nominee between first nomination and confirmation was 56 days.87 The bottom rows
of Appendix 5 show that for President Bush's 206 district court nominees confirmed
as of December 9, 2006, the average, or mean, elapsed time between first nomination
and confirmation was 171 days, whereas the median elapsed time (i.e., the time
interval for the nominee in the midpoint of the distribution of the 206 confirmed
nominees) was 134 days.
81
See in Appendices 5 and 8 the Feb. 14, 2006, nomination of Jerome A. Holmes to the
Northern District of Oklahoma; Holmes was withdrawn on May 4, 2006, and nominated to
the Tenth Circuit that same day.
82
Examination of Appendix 5 reveals that 13 individuals were nominated to district
judgeships in both the 107th and 108th Congresses, and that six others were nominated to
district judgeships in both the 108th and 109th Congresses.
83
The two were James C. Dever (first nominated to the Eastern District of North Carolina
on May 22, 2002, and ultimately confirmed on Apr. 28, 2005), and Thomas L. Ludington
(first nominated to the District of Eastern Michigan on Sept. 12, 2002, and whose third
nomination was confirmed on June 8, 2006). See Appendix 5.
84
See, in Appendix 5, nominee James C. Dever III, first nominated on May 22, 2002, in the
107th Congress, nominated again on Jan. 7, 2003, in the 108th Congress, and nominated a
third time, on Feb. 14, 2005, in the 109th Congress, and who ultimately was confirmed, on
Apr. 28, 2005.
85
See, in Appendix 5, nominees Frederick W. Rohlfing III, first nominated on Jan. 23,
2002, in the 107th Congress, and whose second nomination, on Jan. 7, 2003, in the 108th
Congress, was withdrawn on May 6, 2004, and Daniel P. Ryan, first nominated on Apr. 28,
2003, in the 108th Congress, whose second nomination on Feb. 14, 2004, in the 109th
Congress, was withdrawn, on Mar. 30, 2006.
86
See again, in Appendix 5, nominee Thomas L. Ludington for the Eastern District of
Michigan, 1,365 days between first nomination on Sept. 12, 2002, and confirmation on June
8, 2006. The nominees with the next highest number of days elapsed between first
nomination and confirmation are James C. Dever III, nominated to the Eastern District of
North Carolina, 1,072 days between first nomination on May 22, 2002, and confirmation on
Apr. 28, 2005; and Peter Sheridan, nominated to the District of New Jersey, 946 days
between first nomination on Nov. 5, 2003, and confirmation on June 8, 2006.
87
See, in Appendix 5, nominee L. Scott Coogler for the Northern District of Alabama,
nominated on Mar. 27, 2003, and confirmed on May 22, 2003. Nominees James V. Selna
for the Central District of California and Philip P. Simon for the Northern District of
Indiana, were both nominated on Jan. 29, 2003, and both confirmed on Mar. 27, 2003 -- an
interval of 57 days.
CRS-22
Withdrawn Nominees. Three of President Bush's district court nominees saw
their nominations withdrawn. One had been nominated in the 107th and 108th
Congresses, another in the 108th and 109th Congresses, and one was nominated only
in the 109th Congress. The elapsed times between their first nomination and the
withdrawal of their final or only nomination were 834 days, 1,067 days, and 79 days,
respectively.88
President Bush's District Court Nominations
During Particular Congresses
The following are among the key statistical findings concerning President Bush's
district court nominations during particular Congresses, and the actions and amounts
of time taken on them.
The 107th Congress. President Bush submitted a total of 118 district court
nominations to the Senate during the 107th Congress.89 Twenty of the 118
nominations, however, were resubmissions (renominations). The resubmissions
occurred when 20 district nominations, which had been returned by the Senate to
President Bush at the beginning of the Senate's August 2001 recess, were resubmitted
as new nominations upon the Senate's reconvening in September 2001. Hence, 98
individuals were nominated by President Bush to district judgeships during the 107th
Congress.
Of these 98 individuals, 83 were confirmed by the Senate (45 by roll call votes),90
after receiving committee hearings and being reported out of committee favorably.
The 15 district court nominees who failed to be confirmed saw their nominations
returned to the President at the final adjournment of the 107th Congress, with none
having received committee hearings or committee votes. (All 15, however, were
renominated by President Bush in the 108th Congress, with 12 of the 15 confirmed in
that Congress, one withdrawn by the President in that Congress,91 and two confirmed
in the 109th Congress.)92
88
See again, in Appendix 5, nominee Frederick W. Rohlfing III for the District of Hawaii,
834 days between first nomination, on Jan. 23, 2002, in the 107th Congress, and withdrawal
of second nomination, on May 6, 2004, in the 108th Congress; Daniel P. Ryan for Eastern
District of Michigan, 1,067 days between first nomination on Apr. 28, 2003, in the 108th
Congress, and withdrawal of second nomination, on Mar. 30, 2006, in the 109th Congress;
and Jerome A. Holmes, 79 days between nomination on Feb. 14, 2006, and withdrawal on
May 4, 2006.
89
See Appendix 6.
90
In all except one of the roll calls, the Senate voted unanimously in favor of confirmation.
The sole roll call in which "nay" votes were cast against a district court nomination was the
67-20 vote, on May 13, 2002, to confirm Paul G. Cassell to the U.S. District Court for the
District of Utah. See Appendix 6.
91
See, in Appendix 5 the first nomination of Frederick W. Rohlfing III for the District of
Hawaii, in the 107th Congress and his second nomination, and its withdrawal, in the 108th
Congress.
92
See in Appendix 5 the nominations in the 107th, 108th, and 109th Congresses -- and
(continued...)
CRS-23
For district court nominations which received committee hearings, committee
votes, or Senate confirmation votes in the 107th Congress, the average (mean) numbers
of days that elapsed between the date the nomination was received in the Senate and
the aforementioned actions were as follows:
! For 81 district nominations receiving committee hearings, an average
of 89 days elapsed between the date a nomination was received in the
Senate and the holding of a hearing;93 the briefest time elapsing for
a district nomination from Senate receipt to committee hearing was
nine days, and the longest time (for three nominations) was 257 days.
! For the 83 district nominations receiving committee votes, an average
of 102 days elapsed between Senate receipt and committee vote; the
briefest time elapsing from Senate receipt to committee vote was two
days,94 and the longest time (for two nominations) was 258 days.
! For the 83 district nominations receiving final Senate votes (all for
confirmation), an average of 127 days elapsed between Senate receipt
and Senate vote; the briefest time elapsing for a district nomination
from Senate receipt to Senate confirmation was 17 days, and the
longest time (for three nominations) was 295 days.
For the 35 district court nominations that were not confirmed, an average of 51
days elapsed between Senate receipt and final action; the briefest time elapsing was
17 days, and the longest time was 301 days.
The 108th Congress. President Bush submitted a total of 96 district court
nominations to the Senate during the 108th Congress.95 The number of individuals
nominated was also 96, as there were no district judge renominations during the
Congress. Of the 96 total, 87 were confirmed (58 by roll call votes), eight saw their
nominations returned at the end of the Congress, and the nomination of one was
92
(...continued)
ultimate confirmation in the 109th Congress -- of James C. Dever III for the Eastern District
of North Carolina and Thomas L. Ludington for the Eastern District of Michigan.
93
Two other district nominations also received hearings; however, they were not included
in calculating average time between nomination date and hearing because the individuals'
hearings preceded their nomination dates. See, in Appendix 6, the nominations of Reggie
B. Walton for the District of South Carolina and Terry L. Wooten for the District Court for
the District of Columbia on Sept. 4, 2001, which were preceded by hearings on Aug. 22 and
Aug. 27, 2001, respectively.
94
The nomination which received a committee vote just two days after its receipt by the
Senate was a resubmission of an earlier nomination to the same judgeship. See the Sept. 4,
2001, nomination of Reggie B. Walton to the District Court for the District of Columbia.
A hearing was held on Aug. 22, 2001, in anticipation of Walton's renomination, paving the
way for a committee vote after Senate receipt of the nomination without the need for a
hearing first. See Appendix 6.
95
See Appendix 7.
CRS-24
withdrawn.96 In all but three of the 58 roll calls, the Senate voted unanimously in
favor of confirmation.97 All of the 87 nominees who were confirmed received
committee hearings and were reported out of committee favorably, except for one,
whose nomination was reported out of committee without recommendation.98 Of the
nine nominees not confirmed, seven did not receive a hearing, and no committee vote
was taken on two others.99 One of the nine district nominees not confirmed, as already
noted, was withdrawn by the President, and the other eight were returned to the
President at the end of the 108th Congress. Early in the 109th Congress, the President
renominated all of these eight returnees.
For district court nominations in the 108th Congress which received committee
hearings, committee votes, or Senate confirmation votes, Appendix 7 shows that the
average (mean) numbers of days that elapsed between date of nomination and the
aforementioned actions were as follows:100
! For the 89 district court nominations receiving hearings during the
108th Congress, an average of 85 days elapsed from Senate receipt of
nomination to committee hearing; the briefest time elapsing from
Senate receipt to committee hearing was (for three nominations) 22
days, and the longest time was 300 days.
! For the 87 district nominations receiving committee votes, an average
of 111 days elapsed from Senate receipt to committee vote; the
briefest such time interval (for two district nominations) was 30 days,
and the longest time (for two nominations) was 336 days.
! For the 87 district nominations receiving final Senate votes (all for
confirmation), an average of 156 days elapsed between Senate
receipt and Senate vote; the briefest time elapsing for a district court
nomination from Senate receipt to Senate confirmation was 34 days
(for three nominations), and the longest time was 524 days.
96
See in Appendix 7 the Jan. 7, 2003, nomination of Frederick W. Rohlfing III to the U.S.
District Court for the District of Hawaii, which was withdrawn by the President on May 6,
2004.
97
In two of the three other roll calls votes, only one "nay" vote was cast against
confirmation. However, in the third roll call that was not unanimously in favor of
confirmation, a substantial number of "nay" votes were cast. See in Appendix 7 the Jan.
29, 2003, nomination of J. Leon Holmes to the U.S. District Court for the Eastern District
of Arkansas, which was confirmed by the Senate on July 6, 2004, by a 51-46 vote.
98
See, in Appendix 7, the Jan. 29, 2003, nomination of J. Leon Holmes to the U.S. District
Court for the Eastern District of Arkansas, which the Senate Judiciary Committee, on May
1, 2003, voted 10-9 to report without recommendation.
99
Two of the nominees not confirmed were nominated relatively late in the Congress, in
September 2004. Although they received committee hearings in November 2004, they were
not reported out of committee in the remaining three weeks of the Congress. See, in
Appendix 7, the Sept. 7, 2004, nomination of Paul A. Crotty to the Southern District of New
York and the Sept. 15, 2004, nomination of J. Michael Seabright to the District of Hawaii.
100
For time interval averages and longest and shortest elapsed times in the confirmation
process for district court nominations in the 108th Congress, see Appendix 7.
CRS-25
For the nine district court nominations that were not confirmed, an average of
415 days elapsed between Senate receipt and final action; the briefest time elapsing
was 84 days, and the longest time was 701 days.
The 109th Congress. President Bush submitted a total of 66 district court
nominations to the Senate during the109th Congress.101 The number of individuals
nominated was also 66, as there were no district judge renominations during the
Congress, although eight of the nominees had been nominated previously in the 108th
Congress. The nominations of 36 of the 66, including seven of the eight resubmissions
from the 108th Congress, were confirmed (eight by roll call);102 two were withdrawn;103
and 28 were returned at the end of the 109th Congress. Fifty of the 66 nominees had
received hearings (48 in the 109th Congress, two in the 108th), and the nominations of
49 had been reported out of committee, all favorably. Of the 28 nominees returned
at the end of the 109th Congress, 14 awaited hearings, one awaited a committee vote,
and 13 awaited Senate floor action.
For district court nominations which received committee hearings, committee
votes, or Senate confirmation votes in the 109th Congress, the average (mean) numbers
of days that elapsed between the date the nomination was received in the Senate and
the aforementioned actions were as follows:104
! For the 48 district nominations receiving committee hearings,105 an
average of 105 days elapsed between the date a nomination was
received in the Senate and the holding of a hearing; the briefest time
elapsing from Senate receipt to committee hearing was 17 days, and
the longest time was 442 days.
! For the 48 district court nominations receiving committee votes, an
average of 118 days elapsed between Senate receipt and committee
vote; the briefest time elapsing from Senate receipt to committee vote
was 31 days, and the longest time was 451 days.
! For the 36 district nominations receiving final Senate votes (all for
confirmation), an average of 143 days elapsed between Senate receipt
and Senate vote; the briefest time elapsing from Senate receipt to
Senate confirmation was 56 days, and the longest time was 479 days.
101
See Appendix 8.
102
On all eight roll calls, the Senate voted unanimously in favor of confirmation.
103
See, in Appendix 8, the Feb. 14, 2005, nomination of Daniel P. Ryan (withdrawn on
Mar. 30, 2006), and the Feb. 14, 2006, nomination of Jerome A. Holmes (withdrawn on May
4, 2006).
104
For time interval averages and longest and shortest elapsed times in the confirmation
process for district court nominations in the 109th Congress, see Appendix 8.
105
Excluded from this average were the Feb. 14, 2005, nominations of J. Michael Seabright
and Paul A. Crotty. These nominees had received a hearing earlier, in the previous
Congress.
CRS-26
For the 30 district court nominations that were not confirmed, an average of 140
days elapsed between Senate receipt and final Senate action; the briefest time elapsing
was two days, and the longest time was 409 days.
Comparison of President Bush's Circuit Court
Nominations with His District Court Nominations
Notable differences can be found between President Bush's circuit court
nomination statistics and those for his district court nominations. Perhaps most
notable, as of the end of the 109th Congress, 75.0% of President Bush's circuit court
nominees (51 of 68) had received Senate confirmation, compared with 86.9% (206 of
237) of his district court nominees.106 For President Bush's immediate predecessor
in the White House, President Clinton, the confirmation rate for his circuit court
nominees (71.4%) was also notably less than for his district court nominees (87.2%).
However, such differences in confirmation rates for circuit and district nominees were
either slight or nonexistent for the three Presidents prior to Clinton.107
Also, the Senate has tended to take much longer to act on President Bush's
circuit court nominees than on his district court nominees. As Table 1, below,
shows, the mean number of days elapsing from first nomination to confirmation for
circuit nominees, 366 days, was more than twice as much as the corresponding time
interval of 171 days for district nominees. Also, the median number of days, from
first nomination to confirmation, was 216 days for circuit nominees, 62% longer than
the corresponding time interval, of 134 days, for district nominees. For circuit
nominees returned to the President or withdrawn, the mean interval of 710 days
between date of first nomination and date of disposition of most recent nomination (as
of the end of the 109th Congress), was nearly four times the corresponding mean
interval of 184 days for district nominees; the median number of days for this time
interval for circuit nominees was 407, almost three times higher than the
corresponding interval of 149 days for district nominees.
Table 1. Mean and Median Number of Days Elapsed from First
Nomination to Disposition of Last Nomination for President
George W. Bush's Nominees to U.S. Circuit or District Court
Judgeships (January 20, 2001 - December 9, 2006)
Number of days elapsed
Courts to which from first nomination to ...
nominated Other final
Confirmation
disposition a
Mean Circuit (N=68) 366 (N=51) 710 (N=17)
District (N=237) 171 (N=206) 184 (N=31)
106
These numbers and percentages are derived from the circuit and district nominee lists
for President Bush in Appendices 1 and 5, respectively.
107
See Table 3 and related discussion later in this report, concerning comparative judicial
nominations statistics for the five most recent Presidents.
CRS-27
Median Circuit (N=68) 216 (N=51) 407 (N=17)
District (N=237) 134 (N=206) 149 (N=31)
Legend: N = Number of nominees.
Sources: Appendices 1 and 5 at end of this report.
a. The most recent nominations for these nominees were either withdrawn by the President or returned
to the President.
Another indicator that President Bush's circuit court nominees have tended to
spend more time in the confirmation process than have his district court nominees is
the number of Congresses in which they have been nominated. Table 2, below,
shows that roughly 30% of the persons President Bush nominated to circuit judgeships
through the end of the 109th Congress, were nominated in two or more Congresses,108
whereas fewer than 10% of the persons he nominated to district judgeships were
nominated in more than one Congress.109 As these percentages suggest, President
Bush's usual practice, when his judicial nominees failed to receive Senate
confirmation in one Congress, was to renominate them in the next Congress.
Table 2. Number of Congresses in Which Persons Were
Nominated by President George W. Bush to U.S. Circuit or
District Court Judgeships (January 20, 2001 - December 9, 2006)
Courts to Total number of Number of Congresses in which nominated
which persons
nominated nominated One Two Three
Circuit 68 (100%) 48 (70.6%) 14 (20.6%) 6 (8.8%)
District 237 (100%) 216 (91.1%) 19 (8.0%) 2 (0.8%)
Circuit and
District 305 (100%) 264 (86.6 %) 33 (10.8%) 8 (2.6%)
combined
Sources: Appendices 1-8 at end of this report.
Comparison of President Bush's Circuit and District
Nomination Statistics with Those of Other Recent Presidents
The following paragraphs compare selected nominations statistics for the
presidency of George W. Bush, during the 107th-109th Congresses, with corresponding
statistics for the four previous Presidents. The statistics for President Bush are derived
from the tables presented at the end of this report, whereas corresponding statistics for
108
Specifically, 20.6% were nominated in two Congresses, and 8.8% were nominated in
three Congresses.
109
Specifically, 8.0% were nominated in two Congresses, and 0.9% were nominated in
three Congresses.
CRS-28
the four previous Presidents have been taken from an earlier CRS report.110 These
comparative statistics should be interpreted with caution, as they represent the
complete presidencies of President George W. Bush's predecessors, but only the first
three Congresses of the presidency of George W. Bush. Final confirmation
percentages and time elapsed for the current President could change considerably over
the next two years.
Number of Nominees, Number Confirmed, and Percent Confirmed.
Table 3 provides, for each of the five most recent Presidents, the following judicial
nomination statistics:111
! the total number of persons nominated to circuit and district court
judgeships;
! the number of persons nominated to these judgeships per year;
! the total number of persons who were confirmed;
! the number of persons who were confirmed per year; and
! the percentage of the total number nominated who were confirmed.
The cells in the table, it should be noted, account only for the number of
individuals who were nominees, and do not count "re-submitted" nominations made
when individuals were renominated to the same judgeship during a particular
presidency.
Circuit Court Nominees. Table 3 shows that, through the 109th Congress,
the total number of persons nominated by President George W. Bush to be circuit
judges (68) was less than the number nominated by Presidents Ronald Reagan in eight
years (94), William J. Clinton in eight years (91), and more than the number of
nominees of Jimmy Carter in four years (61), and his father, George H. W. Bush, in
four years (53).112 The number of persons nominated by President Bush per year to
be circuit judges (11.3), was lowest among the five Presidents, although only slightly
110
See CRS Report RL31635, Judicial Nomination Statistics: U.S. District and Circuit
Courts, 1977-2003, by Denis Steven Rutkus and Mitchel A. Sollenberger. This report
provided a comparative look -- from presidency to presidency, from Congress to Congress,
and from one congressional session to another -- at, among other things, the number of
district and circuit court nominations submitted to the Senate, the number and percentage
receiving committee and Senate action, and the average time taken to hold hearings, conduct
committee votes, and conduct Senate votes on the nominations. CRS Report RL31635,
however, did not compile one kind of judicial nomination statistic contained in the current
report on George W. Bush's lower court nominations -- namely, the number of days which
elapsed between the first nominations of a President's circuit and district court nominees
and the final disposition of their last nomination.
111
Table 3 is an updated and expanded version of Table 2(b) in the previously noted CRS
Report RL31635.
112
Presidents Carter, Reagan, George H. W. Bush, and Clinton, it should be noted, were
presented with additional opportunities to make circuit court nominations, over and above
those created by vacancies of existing judgeships, when Congress passed legislation in 1978,
1984, and 1990 creating, respectively, 34, 24, and 11 new circuit judgeships. By contrast,
thus far in George W. Bush's presidency, no legislation has been enacted creating new
circuit judgeships.
CRS-29
lower than the corresponding numbers for Presidents Clinton (11.4) and Reagan
(11.8).113
The total number of persons nominated by George W. Bush who were confirmed
(51) was less than the corresponding confirmation numbers for Presidents Reagan
(83), Clinton (65) and Carter (56), but more than for George H. W. Bush (42). The
per year number of confirmed circuit nominees for the current President Bush (8.5)
was slightly above the corresponding number for President Clinton (8.1) and less than
those for Presidents Carter (14), George H. W. Bush (10.5), and Reagan (10.4).
Over the course of four successive presidencies, Table 3 reveals, the Senate
confirmation percentage for a President's circuit court nominees declined -- from
91.8% for Jimmy Carter, 88.3% for Ronald Reagan, and 79.2% for George H. W.
Bush, to 71.4% for William J. Clinton. Through the 109th Congress, however, the
presidency of George W. Bush had reversed that downward confirmation trend
somewhat, with a 75.0% confirmation rate for the President's circuit nominees.
District Court Nominees. Through the end of the 109th Congress, Table 3
shows, the total number of President George W. Bush's district court nominees (237)
was the median (middle value) among those for the five most recent Presidents:
President Clinton had the most district nominees (352), followed by Presidents
Reagan (309), the current President Bush (237), Carter (224), and George H. W. Bush
(189).114 The per year number of persons nominated by the current President Bush
to be district judges (39.5) was second-lowest among the five Presidents, just above
the corresponding number for President Reagan (38.6), and below the numbers for
Presidents Carter (56), George H. W. Bush (47.3), and Clinton (44).
Table 3. U.S. Circuit and District Court Nominees of Five Most
Recent Presidents (January 20, 1977 - December 9, 2006): Total
and Per Year Number of Nominees, Total and Per Year Number
Confirmed, and Percent of Total Confirmed
Circuit Court District Court Circuit and District
President Nominees Nominees a Combined
(Congresses, years) Per Per Per
Total Total Total
year year year
Jimmy Carter N 61 15.3 224 b 56 285 71.3
(95th to 96th,
1977-1980) C 56 14 206 51.5 262 65.5
113
President Carter nominated the most circuit nominees per year (15.3), and George H. W.
Bush the second-most (13.3).
114
Presidents Carter, Reagan, George H. W. Bush, and Clinton were presented with
additional opportunities to make district court nominations, over and above those created
by vacancies of existing judgeships, when Congress passed legislation in 1978, 1984, and
1990 authorizing, respectively, 117, 63, and 86 new district judgeships. By contrast, during
George W. Bush's presidency, through the end of the 109th Congress, relatively few new
district judgeships, 20, had been authorized, in one piece of legislation enacted in 2002 (P.L.
107-273, 116 Stat. 1758).
CRS-30
Circuit Court District Court Circuit and District
President Nominees Nominees a Combined
(Congresses, years) Per Per Per
Total Total Total
year year year
% 91.8% -- 92.0% -- 91.9%
Ronald Reagan N 94 11.8 309 38.6 403 50.4
(97th to 100th,
1981-1988) C 83 10.4 292 36.5 375 46.9
% 88.3% -- 94.5% -- 93.1%
George H. W. Bush N 53 13.3 189 47.3 242 60.5
(101st to 102nd,
1989-1992) C 42 10.5 150 37.5 192 48
% 79.2% -- 79.4% -- 79.3% --
William J. Clinton N 91 11.4 352 44 443 55.4
(103rd to 106th,
1993-2000) C 65 8.1 307 38.4 372 46.5
% 71.4% -- 87.2% 84.0% --
George W. Bush N 68 11.3 237 39.5 305 50.8
(107th to 109th,
2001-2006) C 51 8.5 206 34.3 257 42.8
% 75.0% -- 86.9% -- 84.3% --
Note: The cells in this table account only for the number of individuals who were nominees to U.S.
circuit and district court judgeships during each of the five most recent presidential administrations.
The cells do not count "re-submitted" nominations made when individuals were renominated to the
same judgeship during a particular presidency.
Legend: N=number of persons nominated by the President; C=number confirmed; %=percent
confirmed.
a. Includes nominees to the territorial district courts in the U.S. Virgin Islands, Guam, and the Northern
Mariana Islands.
b. Includes one district court nominee whose nomination was submitted by President Carter on Jan. 8
1981, at the start of the 97th Congress, and withdrawn by President Reagan on Jan. 21, 1981.
The number of persons nominated by George W. Bush who were confirmed
(206) was less than the corresponding confirmation numbers for Presidents Clinton
(307), Reagan (292), but the same as Carter (206), and more than for George H. W.
Bush (150). The per year number of confirmed district nominees for the current
President Bush (34.3) was lowest among those of the five Presidents, below the
corresponding numbers for Presidents Reagan (36.5), George H. W. Bush (37.5), and
Clinton (38.4), with Jimmy Carter having the highest number (51.5).
Table 3 also shows that George W. Bush's confirmation percentage of 86.9% for
district court nominees through the end of the 109th Congress was the second lowest
for the five Presidents. Ronald Reagan, Jimmy Carter, and William J. Clinton had
higher confirmation percentages for their district court nominees (94.5%, 92.0%, and
87.2%, respectively), whereas George H. W. Bush had a lower confirmation
percentage (79.4%).
CRS-31
Circuit Court Nominations: Average Number of Days from
Nomination to Confirmation. Figure 1, below, shows the average number of
days that elapsed for circuit court nominations, from nomination date to confirmation,
during each Congress from the 95th (starting in January 1977) through the 109th
(which adjourned for last time on December 9, 2006). These Congresses spanned the
years of the administrations of the five most recent Presidents, from Jimmy Carter to
George W. Bush. Each bar in Figure 1 indicates the average number of elapsed days
from nomination date to confirmation for a specified Congress, and under each bar is
the name of the President whose presidency coincided in time with that Congress.
Note: The averages shown in Figure 1 are those only for circuit court
nominations which ultimately were confirmed in a particular Congress. Excluded
from the calculation of averages were the pendency times in a Congress for
nominations that ultimately were not confirmed (i.e., nominations withdrawn by the
President or returned to the President at some point in the Congress, with most returns
occurring at a Congress's final adjournment). Calculations of time averages for all
nominations in a Congress, from nomination date to final disposition (including not
only nominations confirmed, but also those withdrawn or returned) would, it is
acknowledged, produce higher average times, in cases where unconfirmed
nominations were pending for longer times than the average pendency times for
confirmed nominations.115
Figure 1. U.S. Circuit Court Nominations: Average Number of Days
from Nomination to Confirmation, 95th Congress to 109th Congress
(January 20, 1977 - December 9, 2006)
250
200
150
100
50
0
95th 96th 97th 98th 99th 100th 101st 102nd 103rd 104th 105th 106th 107th108th109th
115
See Table 8 in CRS Report RL31635, Judicial Nomination Statistics: U.S. District and
Circuit Courts, 1977-2003. This table presents, by Congress (from the 95th through the 1st
session of the 108th) the average number of days elapsing from nomination date to final
action for confirmed nominations, unconfirmed nominations, and confirmed and
unconfirmed nominations combined. The table shows that, from the 100th to the 108th
Congress, the average elapsed time from nomination to final action in a Congress, for circuit
as well as district nominations, was usually, but not always, higher for unconfirmed
nominations than it was for confirmed nominations.
CRS-32
Figure 1 shows, for the circuit nominations of each of the first four Presidents
since January 1977 (Carter, Reagan, George H. W. Bush, and Clinton), a consistent
pattern -- namely, that the lowest average number of days from nomination to
confirmation was recorded in the first Congress during the presidency, and the highest
corresponding average was recorded in the last Congress during the presidency.
Among the first four Presidents, the most dramatic proportional increase within this
pattern was the almost four-fold increase in average number of days from nomination
to confirmation during the Reagan presidency, with a 34-day average in the 97th
Congress (the first Congress during that presidency) to a 119-day average in the 100th
Congress (the last Congress during that presidency). During the years of the first four
presidencies, the highest average number of days from nomination to confirmation,
227 days, was recorded in the 106th Congress, the last Congress during the Clinton
presidency -- an average more than twice as long as the 103-day average in the 103rd
Congress, the first Congress during that presidency.
Figure 1 reveals that, thus far, the presidency of the current White House
occupant, George W. Bush, has seen a reversal of the pattern just described. For
President Bush's circuit court nominations, the lowest average number of days
elapsing from nomination to confirmation, 125 days, was recorded not in the first
Congress during his presidency (the 107th), but in the 109th Congress. Thus far in the
Bush presidency, the highest average number of days elapsing from nomination to
confirmation, 210 days, was recorded in the first Congress during his presidency, the
107th Congress.
Figure 1 also shows that during every Congress from the 102nd to the 109th, the
average nomination-to-confirmation time interval for circuit court nominations has
been more than 100 days. Well above this 100-plus average was the 210-day average
for George W. Bush's circuit court nominations during the 107th Congress, the first
Congress during his presidency. This average, however, can be seen as roughly at the
same level as the corresponding time averages for William J. Clinton's circuit court
nominations during the 105th and 106th Congresses (212 days and 227 days
respectively). The average elapsed time of 125 days between nomination and
confirmation for George W. Bush's circuit nominations in the 109th Congress can be
seen as being in the same approximate range as the corresponding averages for
President Ronald Reagan's circuit nominations in the 100th Congress (119 days),
George H. W. Bush's circuit nominations in the 102nd Congress (108 days), and
President Clinton's circuit nominations in the 103rd and 104th Congresses (103 and 124
days respectively).
District Court Nominations: Average Number of Days from
Nomination to Confirmation. Figure 2, below, like the preceding Figure 1 for
circuit nominations, shows the average number of days that elapsed for district court
nominations, from nomination date to confirmation, during each Congress from the
95th Congress to the 109th Congress. Each bar in Figure 2 indicates the average
number of elapsed days from nomination date to confirmation for a specified
Congress, and under each bar is the name of the President whose presidency coincided
in time with that Congress.
Note: The averages shown in Figure 2 are those only for district court
nominations which ultimately were confirmed in a particular Congress. Excluded
from the calculation of averages were the pendency times in a Congress for
CRS-33
nominations that ultimately were not confirmed, but were withdrawn by the President
or returned to the President at some point in the Congress.
Figure 2. U.S. District Court Nominations: Average Number of Days
from Nomination to Confirmation, 95th Congress to 109th Congress
(January 20, 1977 - December 9, 2006)
Figure 2 shows, among other things, that from the 95th Congress (during the first
two years of the Carter presidency) through the 105th Congress (during the fifth and
sixth years of the Clinton presidency), the average number of elapsed days from
nomination to confirmation for district court nominations per Congress increased
significantly -- from a 40-day average in the 95th Congress, to a 165-day average in
the 105th. This overall pattern of increase, however, was marked by drops in the
nomination-to-confirmation time average during the first two years of a presidency
(i.e., with the average dropping from a significantly higher average recorded in the last
two years of the previous presidency), only to be followed by increases in the average
during the subsequent Congress or Congresses of the successor presidency.
The average nomination-to-confirmation time intervals for George W. Bush's
district court nominations, during the three Congresses coinciding with his presidency,
have all been below the peak average of 165 days, recorded for President Clinton's
district nominees in the 105th Congress. Relatively close to that peak, however, was
the 156-day average interval recorded for President Bush's confirmed district
nominees in the 108th Congress and the 143-day average interval recorded for
confirmed district court nominees in the 109th Congress.
Comparison of time averages in Figure 2 with those in Figure 1 also reveals that
in nine of the 15 Congresses in the 1977-2006 time frame, the average time intervals
between nomination and confirmation were less for district than for circuit court
nominations.116 For instance, the nomination-to-confirmation average interval for
William J. Clinton's district nominations in the 106th Congress was 133 days,
compared with 227 days for his circuit nominations in the same Congress; likewise,
116
In one of the 15 Congresses, the 96th, the average time interval between nomination and
confirmation was the same for circuit and district court nominations -- 79 days.
CRS-34
the average interval for George W. Bush's district nominations in the 107th Congress
was 127 days, compared with 210 days for his circuit nominations in the same
Congress. This, however, was not the pattern for the two most recent Congresses. In
the 108th Congress the average elapsed time between nomination and confirmation for
George W. Bush's district nominations (156 days) was higher than for his circuit
nominations (140 days), as it was, again, in the 109th Congress (for district court
nominations, 143 days; for circuit nominations, 110 days).
It should be emphasized, as a caveat, that Figures 1 and 2, in accounting only for
nominations confirmed within a Congress, have certain limitations. The figures focus
on the elapsed times of nominations, rather than on nominees, and the time which
elapsed from their first nomination to confirmation of their most recent nomination.
Focusing only on nominations, rather than persons nominated, underestimates how
long individuals awaited confirmation. This is particularly true for courts of appeals
nominees, whose nominations have been returned at a greater rate than district court
nominees under President George W. Bush. Further, failing to account for nominees
who never were confirmed may also understate the average time in pendency for
judicial nominations.
To provide a clearer comparative snapshot, by presidency, of the average time
pending for all nominees, Figures 3 and 4 follow. Over the five most recent
presidencies, the two figures provide, for circuit and district court nominees,
respectively, the average elapsed time from their first nomination to final disposition
of their last nomination, separating confirmed and unconfirmed nominees.
CRS-35
Circuit Court Nominees: Average Number of Days from Nomination
to Final Action. Figure 3, below, shows by President (from Jimmy Carter to
George W. Bush) the average number of days elapsed from date of first nomination
to final action for circuit nominees confirmed, as well as for those not confirmed.117
Figure 3. Average Time to Disposition, Confirmed and Unconfirmed
Nominees to the U.S. Courts of Appeals, by President (January 20,
1977 - December 9, 2006)
800
710
700
600
Average Number of Days
500
439
400 366
319
300
257 249
195
200
104
100 69 68
0
Carter Reagan G.H.W. Bush Clinton G.W. Bush
President
Confirmed Nominees Unconfirmed Nominees
Figure 3 demonstrates that the average time to confirmation for circuit court
nominees, after being almost the same for the circuit nominees of Presidents Carter
and Reagan, has since risen steadily. The average elapsed time between first
nomination and confirmation was 69 days for Carter circuit nominees and 68 days for
Reagan nominees. Subsequently, however, with each succeeding presidency, this
time average increased significantly. President George H. W. Bush's confirmed
nominees to the circuit courts on average waited 104 days to be confirmed (53%
longer than President Reagan's confirmed nominees), President Clinton's confirmed
circuit nominees on average waited 249 days (139% longer than George H.W. Bush's
nominees), and George W. Bush's circuit court nominees waited, on average, 366
days to be confirmed (47% longer than President Clinton's nominees). When using
the Reagan and current Bush presidencies as points of reference, Figure 3 shows,
George W. Bush's confirmed circuit court nominees have taken, on average, more
than five times as long as President Reagan's circuit nominees to be confirmed (366
versus 68 days).
117
The numbers shown in Figure 3 were calculated from a CRS nominations database
derived in large part from data available in the Presidential Nominations database in the
Legislative Information System of the U.S. Congress (LIS), available at
[http://www.congress.gov/nomis/search.html]. Data for the 95th and 96th Congresses were
collected from the Journal of the Executive Proceedings of the Senate.
CRS-36
For circuit court nominees not confirmed, Figure 3 reveals that the average
elapsed time between first nomination and final disposition of last nomination has, by
presidency, also risen steadily, since the presidency of Jimmy Carter. Specifically,
the average elapsed times for unconfirmed circuit court nominees between first
nomination and final disposition of their last nomination was as follows: for nominees
of President Carter, 195 days; nominees of President Reagan, 257 days; nominees of
President George H.W. Bush, 319 days; nominees of President Clinton, 439 days; and
nominees of President George W. Bush, 710 days -- three and a half times longer
than the corresponding elapsed time average of 195 days for President Carter's
unconfirmed circuit court nominees.
The preceding discussion, it should be noted, compares time averages for circuit
nominees of four completed presidencies (Carter through Clinton) with those of a
presidency (George W. Bush's) which is still in progress. It is, of course, unclear
to what extent the time averages for President Bush's circuit nominees, for his
presidency after two completed terms, will be affected by Senate consideration of his
nominations in the 110th Congress.
District Court Nominees: Average Number of Days from Nomination
to Final Action. Figure 4, below, shows, by President (from Jimmy Carter to
George W. Bush) the average number of days elapsed from date of first nomination
to final action for district court nominees confirmed, as well as for those not
confirmed.118
Figure 4 demonstrates that the average time to confirmation, after being 70 days
both for the district court nominees of President Carter and of President Reagan, rose
steadily during the next three presidencies. President George H. W. Bush's
confirmed nominees to the district courts on average waited 107 days to be confirmed
(52.9% longer than Reagan and Carter district nominees), President Clinton's
confirmed district nominees on average waited 133 days to be confirmed (24.3%
longer than George H.W. Bush's nominees), and George W. Bush's district court
nominees waited 171 days (28.6% longer than Clinton nominees).
Viewed from the perspective of the entire 1977-2006 period in question, George
W. Bush's district court nominees have taken, on average, almost two and a half times
as long as the district nominees of Presidents Carter and Reagan to be confirmed (171
days for Bush versus 70 days for Carter and Reagan nominees). The magnitude of this
increase, however, was not as great as the above-discussed 500+% increase in average
time taken for George W. Bush's circuit court nominees to be confirmed (366 days)
over the average confirmation time taken by President Reagan's circuit nominees (68
days). In other words, over the course of the last four presidencies (Reagan through
George W. Bush) there has been a steady rise in the average times taken to confirm
118
The numbers shown in Figure 4, as for Figure 3 above, were calculated from a CRS
nominations database derived in large part from data available in the Presidential
Nominations database in the Legislative Information System of the U.S. Congress (LIS),
available at [http://www.congress.gov/nomis/search.html]. Data for the 95th and 96th
Congresses were collected from the Journal of the Executive Proceedings of the Senate.
CRS-37
district as well as circuit court nominees; however, circuit nominees have experienced
a higher rate of increase in their average confirmation time than have district
nominees, ultimately resulting in an average confirmation time during the presidency
of George W. Bush (366 days) more than twice as long as the average confirmation
time for district court nominees (171 days).
For district court nominees not confirmed, Figure 4 shows, there has not been
a steady increase, by presidency, in the average elapsed time between first nomination
and final disposition of last nomination. Rather, the average elapsed time stayed at
about the same level over the course of the Carter, Reagan, and George H. W. Bush
presidencies, increased dramatically, by more than 100%, with the Clinton presidency,
and then, for the first six years of the presidency of George W. Bush, fell back to
about the same level as the average elapsed times of the Carter, Reagan, and George
H.W. Bush presidencies. Specifically, the average elapsed times for unconfirmed
district court nominees between first nomination and final disposition of their last
nomination was as follows: for Carter nominees, 183 days; Reagan nominees, 165
days; nominees of George H.W. Bush, 174 days; Clinton nominees, 400 days; and
nominees of George W. Bush, 184 days.
Figure 4. Average Time to Disposition, Confirmed and Unconfirmed
Nominees to the U.S. District Courts, by President (January 20, 1977
- December 9, 2006)
450
400
400
350
Average Number of Days
300
250
200 183 184
165 174 171
150 133
107
100
70 70
50
0
Carter Reagan G.H.W. Bush Clinton G.W. Bush
President
Confirmed Nominees Unconfirmed Nominees
The preceding discussion, it is useful to remember, compares time averages for
the district court nominees of four completed presidencies (Carter through Clinton)
with those of a presidency (George W. Bush's) which is still in progress. For the
current Bush presidency, the nominations of four individuals in the last month of the
109th Congress, all of whom were returned by the Senate and renominated in the 110th
Congress, had a downward effect on the average time in pendency for unconfirmed
CRS-38
nominees (184 days).119 It is, of course, unclear to what extent the time averages for
President Bush's district nominees, for his presidency after two completed terms, will
be affected by Senate consideration of his nominations in the 110th Congress.
119
The four nominations (and districts) were of James E. Rogan (Central California) and
Benjamin H. Settle (Western Washington) on Nov. 15, 2006; Frederick J. Kapala (Northern
Illinois) on Dec. 5, 2006; and Thomas A. Farr (Eastern North Carolina) on Dec. 7, 2006.
All of these nominations were returned on Dec. 9, 2006, and resubmitted to the 110th
Congress on Jan. 9, 2007. The lengths of pendency for each nominee, in the 109th Congress,
as of Dec. 9, 2006, were 24, 24, four, and two days, respectively. See Appendix 8.
Whether these nominees are confirmed or not in the 110th Congress, the overall time
between their first nomination in the 109th Congress and final disposition of their last
nomination in the 110th Congress can be expected to significantly exceed the pendency
lengths of 24, 24, four, and two days listed in Appendix 8.
CRS-39
Appendix 1: President George W. Bush's Nominees to the U.S. Circuit Courts of Appeals,
107th-109th Congresses (January 20, 2001-December 9, 2006)
Days
Elapsed,
Date
Name of Nominee Initial
Nomination
State Circuit Congress Disposition
(Nominees Not Confirmed to Disposition
In Italics) Committee of Most
Nomination Hearinga Final Action
Actionb Recent
Nomination
04/28/03 10/28/03 -- 12/09/03 Returned
Allen, Claude A. VA Fourth 108th 590
01/20/04 -- -- 12/08/04 Returned
Bea, Carlos T. CA Ninth 108th 04/11/03 09/03/03 09/25/03 9/29/03 Confirmed 171
Benton, William D. MO Eighth 108th 02/12/04 04/08/04 04/29/04 6/24/04 Confirmed 133
05/09/01 -- -- 08/03/01 Returned
107th
09/04/01 -- -- 11/20/02 Returned
108th 01/07/03 -- -- 12/08/04 Returned
Boyle, Terrence W. NC Fourth 2,040
02/14/05 03/03/05 06/16/05 08/03/06 Returned
109th 09/05/06 -- -- 09/29/06 Returned
11/15/06 -- -- 12/09/06 Returned
108th 07/25/03 10/22/03 11/06/03 12/08/04 Returned
Brown, Janice R. CA D.C. 684
109th 02/14/05 -- 04/21/05 06/08/05 Confirmed
107th 05/22/02 -- -- 11/20/02 Returned
Bybee, Jay S. NV Ninth 295
108th 01/07/03 02/05/03 02/27/03 03/13/03 Confirmed
Callahan, Consuelo M. CA Ninth 108th 02/12/03 05/07/03 05/08/03 05/22/03 Confirmed 99
Chagares, Michael A. NJ Third 109th 01/25/06 03/14/06 03/30/06 04/04/06 Confirmed 69
CRS-40
Days
Elapsed,
Date
Name of Nominee Initial
Nomination
State Circuit Congress Disposition
(Nominees Not Confirmed to Disposition
In Italics) Committee of Most
Nomination Hearinga Final Action
Actionb Recent
Nomination
Chertoff, Michael NJ Third 108th 03/05/03 05/7/03 05/22/03 06/09/03 Confirmed 96
05/09/01 -- -- 08/03/01 Returned
Clement, Edith B. LA Fifth 107th 188
09/04/01 10/04/01 11/01/01 11/13/01 Confirmed
06/22/01 -- -- 08/03/01 Returned
Clifton, Richard R. HI Ninth 107th 391
09/04/01 05/09/02 05/16/02 07/18/02 Confirmed
Colloton, Steven M. IA Eighth 108th 02/12/03 07/22/03 07/31/03 09/04/03 Confirmed 204
05/09/01 -- -- 08/03/01 Returned
107th
Cook, Deborah L. OH Sixth 09/04/01 -- -- 11/20/02 Returned 726
108th 01/07/03 01/29/03 02/27/03 05/05/03 Confirmed
Duncan, Allyson K. NC Fourth 108th 04/28/03 06/25/03 07/10/03 07/17/03 Confirmed 80
05/09/01 -- -- 08/03/01 Returned
107th
Estrada, Miguel A. VA DC 09/04/01 09/26/02 -- 11/20/02 Returned 848
108th 01/07/03 -- 01/30/03 09/04/03 Withdrawn
Fisher, D. Michael PA Third 108th 05/01/03 10/15/03 11/06/03 12/09/03 Confirmed 222
Gibbons, Julia S. TN Sixth 107th 10/09/01 04/25/02 05/02/02 07/29/02 Confirmed 293
Gorsuch, Neil M. CO Tenth 109th 05/10/06 06/21/06 07/13/06 07/20/06 Confirmed 71
Gregory, Roger L. VA Fourth 107th 05/09/01 07/11/01 07/19/01 07/20/01 Confirmed 72
107th 06/26/02 -- -- 11/20/02 Returned
Griffin, Richard A. MI Sixth 108th 01/07/03 06/16/04 07/20/04 12/08/04 Returned 1,079
109th 02/14/05 -- 05/26/05 06/09/05 Confirmed
CRS-41
Days
Elapsed,
Date
Name of Nominee Initial
Nomination
State Circuit Congress Disposition
(Nominees Not Confirmed to Disposition
In Italics) Committee of Most
Nomination Hearinga Final Action
Actionb Recent
Nomination
108th 05/10/04 11/16/04 -- 12/08/04 Returned
Griffith, Thomas B. UT DC 400
109th 02/14/05 03/08/05 04/14/05 06/14/05 Confirmed
Gruender, Raymond W. MO Eighth 108th 09/29/03 01/22/04 03/04/04 05/20/04 Confirmed 234
Hall, Peter W. VT Second 108th 12/09/03 03/10/04 04/01/04 06/24/04 Confirmed 198
Hardiman, Thomas M. c PA Third 109th 09/13/06 11/14/06 -- 12/09/06 Returned 87
06/21/01 -- -- 08/03/01 Returned
Hartz, Harris L. NM Tenth 107th 168
09/04/01 10/25/01 11/29/01 12/06/01 Confirmed
108th 09/29/03 11/19/03 03/11/04 12/08/04 Returned
02/14/05 07/11/06 -- 08/03/06 Returned
Haynes, William J., II VA Fourth 1,167
109th 09/05/06 -- -- 09/29/06 Returned
11/15/06 -- -- 12/09/06 Returned
Holmes, Jerome A. OK Tenth 109th 05/04/06 06/15/06 07/13/06 07/25/06 Confirmed 82
08/02/01 -- -- 08/03/01 Returned
Howard, Jeffrey R. NH First 107th 264
09/04/01 04/11/02 04/18/02 04/23/02 Confirmed
Ikuta, Sandra S. CA Ninth 109th 02/08/06 05/02/06 05/25/06 06/19/06 Confirmed 131
Jordan, Kent A. DE Third 109th 06/28/06 09/06/06 09/26/06 12/08/06 Confirmed 163
108th 07/25/03 04/27/04 -- 12/08/04 Returned
Kavanaugh, Brett M. MD DC 02/14/05 -- -- 12/21/05 Returned 1,036
109th
01/25/06 05/09/06 05/11/06 05/26/06 Confirmed
06/29/06 08/01/06 -- 09/29/06 Returned
Keisler, Peter D. c MD DC 109th 163
11/15/06 -- -- 12/09/06 Returned
CRS-42
Days
Elapsed,
Date
Name of Nominee Initial
Nomination
State Circuit Congress Disposition
(Nominees Not Confirmed to Disposition
In Italics) Committee of Most
Nomination Hearinga Final Action
Actionb Recent
Nomination
Kethledge, Raymond M. MI Sixth 109th 06/28/06 -- -- 12/09/06 Returned 164
06/22/01 -- -- 08/03/01 Returned
107th
Kuhl, Carolyn B. CA Ninth 09/04/01 -- -- 11/20/02 Returned 1,265
108th 01/07/03 04/01/03 05/08/03 12/08/04 Returned
Livingston, Debra A.c NY Second 109th 06/28/06 -- -- 12/09/06 Returned 164
05/09/01 -- -- 08/03/01 Returned
McConnell, Michael W. UT Tenth 107th 555
09/04/01 09/18/02 11/14/02 11/15/02 Confirmed
107th 11/08/01 -- -- 11/20/02 Returned
McKeague, David W. MI Sixth 108th 01/07/03 06/16/04 07/20/04 12/08/04 Returned 1,309
109th 02/14/05 -- 05/26/05 06/09/05 Confirmed
07/10/01 -- -- 08/03/01 Returned
Melloy, Michael J. IA Eighth 107th 216
09/04/01 01/24/02 02/07/02 02/11/02 Confirmed
Moore, Kimberly A. VA Federal 109th 05/18/06 06/28/06 07/27/06 09/05/06 Confirmed 110
Murphy, Stephen J., II MI Sixth 109th 06/28/06 -- -- 12/09/06 Returned 164
108th 05/15/03 02/05/04 04/01/04 12/08/04 Returned
02/14/05 03/01/05 03/17/05 08/03/06 Returned
Myers, William G., III ID Ninth 1,304
109th 09/05/06 -- -- 09/29/06 Returned
11/15/06 -- -- 12/09/06 Returned
107th 11/08/01 -- -- 11/20/02 Returned
Neilson, Susan B. MI Sixth 108th 01/07/03 09/08/04 10/04/04 12/08/04 Returned 1,449
109th 02/14/05 -- 10/20/05 10/27/05 Confirmed
CRS-43
Days
Elapsed,
Date
Name of Nominee Initial
Nomination
State Circuit Congress Disposition
(Nominees Not Confirmed to Disposition
In Italics) Committee of Most
Nomination Hearinga Final Action
Actionb Recent
Nomination
08/02/01 -- -- 08/03/01 Returned
O'Brien, Terrence L. WY Tenth 107th 223
09/04/01 03/19/02 04/11/02 04/15/02 Confirmed
05/09/01 -- -- 08/03/01 Returned
107th
09/04/01 07/23/02 09/05/02d 11/20/02 Returned
Owen, Priscilla R. TX Fifth 1,477
108th 01/07/03 03/13/03 03/27/03 12/08/04 Returned
109th 02/14/05 -- 04/21/05 05/25/05 Confirmed
05/09/01 -- -- 08/03/01 Returned
Parker, Barrington D., Jr. CT Second 107th 155
09/04/01 09/13/01 10/04/01 10/11/01 Confirmed
Payne, James H. OK Tenth 109th 09/29/05 -- -- 03/07/06 Withdrawn 159
05/25/01 -- -- 08/03/01 Returned
107th
09/04/01 10/18/01 03/14/02e 11/20/02 Returned
Pickering, Charles W., Sr. MS Fifth 1,293
01/07/03 -- 10/02/03 12/08/04 Returned
108th
02/06/04 -- -- 12/08/04 Returned
Prado, Edward C. TX Fifth 108th 02/06/03 03/27/03 04/03/03 05/01/03 Confirmed 84
05/21/01 -- -- 08/03/01 Returned
Prost, Sharon DC Federal 107th 123
09/04/01 08/27/01 09/06/01 09/21/01 Confirmed
04/09/03 06/11/03 07/23/03 12/08/04 Returned
108th
Pryor, William H., Jr. AL Eleventh 03/12/04 -- -- 12/08/04 Returned 792
109th 02/14/05 -- 05/12/05 06/09/05 Confirmed
Raggi, Reena NY Second 107th 05/01/02 08/01/02 09/05/02 09/20/02 Confirmed 142
Riley, William J. NE Eighth 107th 05/23/01 07/24/01 08/02/01 08/02/01 Confirmed 71
CRS-44
Days
Elapsed,
Date
Name of Nominee Initial
Nomination
State Circuit Congress Disposition
(Nominees Not Confirmed to Disposition
In Italics) Committee of Most
Nomination Hearinga Final Action
Actionb Recent
Nomination
05/09/01 -- -- 08/03/01 Returned
107th
Roberts, John G., Jr. MD DC 09/04/01 -- -- 11/20/02 Returned 729
108th 01/07/03 01/29/03 02/27/03 05/08/03 Confirmed
Rogers, John M. KY Sixth 107th 12/19/01 06/13/02 07/11/02 11/14/02 Confirmed 330
107th 11/08/01 -- -- 11/20/02 Returned
Saad, Henry W. MI Sixth 108th 01/07/03 07/30/03 06/17/04 12/08/04 Returned 1,600
109th 02/14/05 -- -- 03/27/06 Withdrawn
05/09/01 -- -- 08/03/01 Returned
Shedd, Dennis W. SC Fourth 107th 559
09/04/01 06/27/02 11/14/02 11/19/02 Confirmed
Shepherd, Bobby E. AR Eighth 109th 05/18/06 06/28/06 07/13/06 07/20/06 Confirmed 63
Smith, D. Brooks PA Third 107th 09/10/01 02/26/02 05/23/02 07/31/02 Confirmed 324
05/22/01 -- -- 08/03/01 Returned
Smith, Lavenski R. AR Eighth 107th 419
09/04/01 05/23/02 06/27/02 07/15/02 Confirmed
Smith, Milan D., Jr. CA Ninth 109th 02/14/06 04/25/06 05/04/06 05/16/06 Confirmed 91
12/16/05 03/01/06 05/04/06 08/03/06 Returned
Smith, N. Randy c, f ID Ninth 109th 09/05/06 -- 09/21/06 09/29/06 Returned 358
11/15/06 -- -- 12/09/06 Returned
Steele, William H. AL Eleventh 107th 10/09/01 -- -- 11/20/02 Returned 407
05/09/01 -- -- 08/03/01 Returned
107th
Sutton, Jeffrey S. OH Sixth 09/04/01 -- -- 11/20/02 Returned 720
108th 01/07/03 01/29/03 02/13/03 04/29/03 Confirmed
CRS-45
Days
Elapsed,
Date
Name of Nominee Initial
Nomination
State Circuit Congress Disposition
(Nominees Not Confirmed to Disposition
In Italics) Committee of Most
Nomination Hearinga Final Action
Actionb Recent
Nomination
Sykes, Diane S. WI Seventh 108th 11/14/03 02/11/04 03/11/04 06/24/04 Confirmed 223
05/25/01 -- -- 08/03/01 Returned
107th
Tymkovich, Timothy M. CO Tenth 09/04/01 -- -- 11/20/02 Returned 676
108th 01/07/03 02/12/03 03/06/03 04/01/03 Confirmed
Van Antwerpen, Franklin S. PA Third 108th 11/21/03 01/28/04 03/04/04 05/20/04 Confirmed 181
02/08/06 -- -- 08/03/06 Returned
Wallace, Michael B. MS Fifth 109th 09/05/06 09/26/06 -- 09/29/06 Returned 304
11/15/06 -- -- 12/09/06 Returned
Wesley, Richard C. NY Second 108th 03/05/03 05/22/03 06/05/03 06/11/03 Confirmed 98
g
Mean 366.0
Days elapsed, initial nomination to disposition of most recent nomination, confirmed nominees (51 nominees)
Medianh 216
g
Mean 710.4
Days elapsed, initial nomination to disposition of most recent nomination, nominees not confirmed (17 nominees)
Medianh 407
Notes:
a. Hearing date listed is the first date the nomination received a hearing by the Senate Judiciary Committee.
b. Unless otherwise noted, date of committee action is the date the motion to report favorably carried.
c. Resubmitted in the 110th Congress on Jan. 9, 2007. As of Jan. 19, 2007, four nominees had been resubmitted in the 110th Congress.
d. On September 5, 2002, motion to report Priscilla Owen favorably failed; a motion to report without recommendation failed, and a motion to report unfavorably also failed. Sen.
Jon Kyl, "Judge Priscilla Owen," remarks in the Senate, Congressional Record, daily edition, vol. 148, pp. S8253-S8255.
e. On March 14, 2002, motion to report Charles Pickering Sr. favorably failed; a motion to report without recommendation failed, and a motion to report unfavorably also failed. Sen.
Trent Lott, "Nomination of Charles Pickering," remarks in the Senate, Congressional Record, daily edition, vol. 148, pp. S1915-S1917.
CRS-46
f. N. Randy Smith's nomination of Jan. 9, 2007, was withdrawn by President Bush on Jan. 16, 2007, and renominated to a different seat on the Ninth Circuit Court of Appeals on that
same day.
g. The "Mean" is the sum of the number of elapsed days for all of the nominations in question divided by the number of those nominations.
h. The "Median" is the elapsed time for the nomination that is the "middle case," with an equal number of the nominations having longer elapsed times than that nomination and an
equal number of nominations having shorter elapsed times. If there are an even number of nominations, the median is the arithmetic mean of the elapsed times for the two
nominations in the middle of the distribution.
CRS - 47
Appendix 2. President George W. Bush's Nominations to the U.S. Circuit Courts of Appeals
During the 107th Congress (January 20, 2001-November 20, 2002)
Date Days from Nomination Date To:
No. Name of Nominee State Circuit Received Committee Final Committee
Hearing Hearing C Final Action
By Senate Action a Action B Action
1 Boyle, Terrence W. d NC Fourth 05/09/01 -- -- Returned -- -- 86
08/03/01
2 Clement, Edith B. d LA Fifth 05/09/01 -- -- Returned -- -- 86
08/03/01
3 Cook, Deborah L. d OH Sixth 05/09/01 -- -- Returned -- -- 86
08/03/01
4 Estrada, Miguel A. d VA DC 05/09/01 -- -- Returned -- -- 86
08/03/01
5 Gregory, Roger L. e VA Fourth 05/09/01 07/11/01 07/19/01 07/20/01 63 71 72
93-1 vote
6 McConnell, Michael W. d UT Tenth 05/09/01 -- -- Returned -- -- 86
08/03/01
7 Owen, Priscilla R. d TX Fifth 05/09/01 -- -- Returned -- -- 86
08/03/01
8 Parker, Barrington D., Jr. d CT Second 05/09/01 -- -- Returned -- -- 86
08/03/01
9 Roberts, John G., Jr. d MD DC 05/09/01 -- -- Returned -- -- 86
08/03/01
CRS - 48
Date Days from Nomination Date To:
No. Name of Nominee State Circuit Received Committee Final Committee
Hearing Hearing C Final Action
By Senate Action a Action B Action
10 Shedd, Dennis W. d SC Fourth 05/09/01 -- -- Returned -- -- 86
08/03/01
11 Sutton, Jeffrey S. d OH Sixth 05/09/01 -- -- Returned -- -- 86
08/03/01
12 Prost, Sharon d DC Federal 05/21/01 -- -- Returned -- -- 74
08/03/01
13 Smith, Lavenski R. d AR Eighth 05/22/01 -- -- Returned -- -- 73
08/03/01
14 Riley, William J. NE Eighth 05/23/01 07/24/01 08/02/01 08/02/01 62 71 71
97-0 vote
15 Pickering, Charles W., Sr. d MS Fifth 05/25/01 -- -- Returned -- -- 70
08/03/01
16 Tymkovich, Timothy M. d CO Tenth 05/25/01 -- -- Returned -- -- 70
08/03/01
17 Hartz, Harris L. d NM Tenth 06/21/01 -- -- Returned -- -- 43
08/03/01
18 Clifton, Richard R. d HI Ninth 06/22/01 -- -- Returned -- -- 42
08/03/01
19 Kuhl, Carolyn B. d CA Ninth 06/22/01 -- -- Returned -- -- 42
08/03/01
CRS - 49
Date Days from Nomination Date To:
No. Name of Nominee State Circuit Received Committee Final Committee
Hearing Hearing C Final Action
By Senate Action a Action B Action
20 Melloy, Michael J. d IA Eighth 07/10/01 -- -- Returned -- -- 24
08/03/01
d
21 Howard, Jeffrey R. NH First 08/02/01 -- -- Returned -- -- 1
08/03/01
22 O'Brien, Terrence L. d WY Tenth 08/02/01 -- -- Returned -- -- 1
08/03/01
23 Boyle, Terrence W. e NC Fourth 09/04/01 -- -- Returned -- 442
11/20/02
24 Clement, Edith B. e LA Fifth 09/04/01 10/04/01 11/01/01 11/13/01 30 58 70
99-0 vote
25 Clifton, Richard R. e HI Ninth 09/04/01 05/09/02 05/16/02 Cloture 247 254 317
97-1 vote
07/18/02
07/18/02
98-0 vote
26 Cook, Deborah L. e OH Sixth 09/04/01 -- -- Returned -- -- 442
11/20/02
27 Estrada, Miguel A. e VA DC 09/04/01 09/26/02 -- Returned 387 -- 442
11/20/02
28 Hartz, Harris L. e NM Tenth 09/04/01 10/25/01 11/29/01 12/06/01 51 86 93
99-0 vote
29 Howard, Jeffrey R. e NH First 09/04/01 04/11/02 04/18/02 04/23/02 219 226 231
99-0 vote
CRS - 50
Date Days from Nomination Date To:
No. Name of Nominee State Circuit Received Committee Final Committee
Hearing Hearing C Final Action
By Senate Action a Action B Action
30 Kuhl, Carolyn B. e CA Ninth 09/04/01 -- -- Returned -- -- 442
11/20/02
31 McConnell, Michael W. e UT Tenth 09/04/01 09/18/02 11/14/02 11/15/02 379 436 437
32 Melloy, Michael J. e IA Eighth 09/04/01 01/24/02 02/07/02 02/11/02 142 156 160
91-0 vote
33 O'Brien, Terrence L. e WY Tenth 09/04/01 03/19/02 04/11/02 04/15/02 196 219 223
98-0 vote
e
34 Owen, Priscilla R. TX Fifth 09/04/01 07/23/02 Defeated Returned 322 366 442
09/05/02 f 11/20/02
35 Parker, Barrington D. e CT Second 09/04/01 09/13/01 10/04/01 10/11/01 9 30 37
100-0 vote
e
36 Pickering, Charles W., Sr. MS Fifth 09/04/01 10/18/01 Defeated Returned 44 191 442
03/14/02 g 11/20/02
02/07/02
37 Prost, Sharon e DC Federal 09/04/01 08/27/01h 09/06/01 09/21/01 i 2 17
97-0 vote
38 Roberts, John G., Jr. e MD DC 09/04/01 -- -- Returned -- -- 442
11/20/02
39 Shedd, Dennis W. e SC Fourth 09/04/01 06/27/02 11/14/02 Cloture 296 436 441
vitiated
11/18/02
11/19/02
55-44 vote
CRS - 51
Date Days from Nomination Date To:
No. Name of Nominee State Circuit Received Committee Final Committee
Hearing Hearing C Final Action
By Senate Action a Action B Action
40 Smith, Lavenski R. e AR Eighth 09/04/01 05/23/02 06/27/02 Cloture 261 296 314
94-3 vote
07/15/02
07/15/02
33 Sutton, Jeffrey S. e OH Sixth 09/04/01 -- -- Returned -- -- 442
11/20/02
34 Tymkovich, Timothy M. e CO Tenth 09/04/01 -- -- Returned -- -- 442
11/20/02
43 Smith, D. Brooks PA Third 09/10/01 02/26/02 05/23/02 07/31/02 169 255 324
64-35 vote
44 Gibbons, Julia S. TN Sixth 10/09/01 04/25/02 05/02/02 Cloture 198 205 293
89-0 vote
07/26/02
07/29/02
95-0 vote
45 Steele, William H. AL Eleventh 10/09/01 -- -- Returned -- -- 407
11/20/02
46 McKeague, David W. MI Sixth 11/08/01 -- -- Returned -- -- 377
11/20/02
47 Neilson, Susan B. MI Sixth 11/08/01 -- -- Returned -- -- 377
11/20/02
CRS - 52
Date Days from Nomination Date To:
No. Name of Nominee State Circuit Received Committee Final Committee
Hearing Hearing C Final Action
By Senate Action a Action B Action
48 Saad, Henry W. MI Sixth 11/08/01 -- -- Returned -- -- 377
11/20/02
49 Rogers, John M. KY Sixth 12/19/01 06/13/02 07/11/02 11/14/02 176 204 330
50 Raggi, Reena NY Second 05/01/02 08/01/02 09/05/02 09/20/02 92 127 142
85-0 vote
51 Bybee, Jay S. NV Ninth 05/22/02 -- -- Returned -- -- 182
11/20/02
52 Griffin, Richard A. MI Sixth 06/26/02 -- -- Returned -- -- 147
11/20/02
Number of days elapsed from date received in Senate: Meanj 176.0k 194.2 210.1 204.1
Medianl 176.0k 204.0 223.0 86.0
17 confirmed nominations
35 unconfirmed nominations
Note: The above table does not include nine circuit court nominations submitted by President William J. Clinton, on either Jan. 3, 2001, or Jan. 4. 2001, at the start of the 107th Congress.
(For a list of the nine nominations, see p. 15 of CRS Report 98-510 GOV, Judicial Nominations by President Clinton During the 103rd-106th Congresses, by Denis Steven Rutkus.)
All nine nominations were withdrawn by President Bush on Mar. 19, 2001, although one of the nine nominees, Roger L. Gregory of Virginia, was renominated by President Bush on
May 9, 2001, and confirmed by the Senate on July 20, 2001.
a. The "Committee action" date, unless there is a note indicating otherwise, is the date on which the Senate Judiciary Committee voted to report a nomination favorably to the Senate.
b. A date standing alone is the date of Senate confirmation. A vote tally underneath the date is the roll call vote by which the nomination was confirmed. The absence of a roll call
vote indicates that the nomination was confirmed by voice vote or by unanimous consent. Where final action was not a Senate vote to confirm, the type of final action is specified,
along with the date. "Cloture" indicates that the Senate voted on a motion to close debate (with passage of the motion requiring three-fifths of the Senate, or 60 Members, voting
in favor). "Cloture vitiated" indicates that the Senate by unanimous consent vitiated (undid) a motion to close debate. "Withdrawn" indicates that a nomination was withdrawn
by the President. "Returned" indicates that the Senate returned a nomination to the President (upon a Senate adjournment or recess of more than 30 days).
CRS - 53
c. Where a judicial nomination received more than one day of hearings, the "Days from nomination date to:" "Hearing" is the number of days from the nomination date to the first
hearing date.
d. This was the nominee's first of two nominations to the judgeship. After the nomination was returned to President Bush on Aug. 3, 2001, the individual was renominated on Sept.
4, 2001.
e. This was the nominee's second nomination to the judgeship. See the earlier nomination in the 107th Congress.
f. The committee vote to report favorably failed (9-10); the vote to report without recommendation failed (9-10); and the vote to report unfavorably failed (9-10).
g. The committee vote to report favorably failed (9-10); the vote to report without recommendation failed (9-10); and the vote to report unfavorably failed (9-10).
h. On Aug. 27, 2001, during the August recess of the first session of the 107th Congress, the Senate Judiciary Committee held a hearing for Ms. Prost in expectation of her renomination
to the circuit court. An earlier nomination of Ms. Prost had been returned to the President at the beginning of the August recess.
i. The hearing, on Aug. 27, 2001, preceded the nomination date; therefore, no elapsed time between Senate receipt and hearing date has been calculated. See preceding note.
j. The "Mean," or average, is the sum of the number of elapsed days for all of the nominations in question divided by the number of those nominations. Note: Calculation of the mean
in the "Hearing" column excluded the time that elapsed between the hearing date and Senate receipt of the Sept. 4, 2001, nomination of Sharon Prost, since the hearing date for
that nomination preceded the nomination date. (See two preceding table notes regarding the Prost nomination.)
k. Calculation of this time average excluded the times between hearing date and Senate receipt for the September 2001 nomination of Sharon Prost, since her hearing date preceded
her nomination date. (See preceding table note "i" regarding the Prost nomination.)
l. In each "Median" cell, the number represents (1) the elapsed time for the nomination in the middle of the distribution of all the nominations in question, with an equal number of
the nominations having longer elapsed times than that nomination and an equal number of nominations having shorter elapsed times; or (2) the arithmetic mean of the elapsed times
for the two nominations in the middle of the distribution if there is no one middle nomination.
CRS - 54
Appendix 3. President George W. Bush's Nominations to the U.S. Circuit Courts of Appeals
During the 108th Congress (January 7, 2003-December 8, 2004)
Date Days from Nomination Date To:
No. Name of Nominee State Circuit
Received by Committee Final Committee
Hearing Hearing C Final Action
Senate Action a Action B Action
1 Boyle, Terrence W. d NC Fourth 01/07/03 -- -- Returned -- -- 701
12/08/04 e
2 Bybee, Jay S. d NV Ninth 01/07/03 02/05/03 02/27/03 03/13/03 29 51 65
74-19 vote
3 Cook, Deborah L. d OH Sixth 01/07/03 01/29/03 02/27/03 05/05/03 22 51 118
66-25 vote
4 Estrada, Miguel A. d VA DC 01/07/03 -- 01/30/03 Cloture -- 23 240
55-44 vote
03/06/03
Cloture
55-42 vote
03/13/03
Cloture
55-45 vote
03/18/03
Cloture
55-44 vote
04/02/03
Cloture
52-39 vote
05/05/03
CRS - 55
Date Days from Nomination Date To:
No. Name of Nominee State Circuit
Received by Committee Final Committee
Hearing Hearing C Final Action
Senate Action a Action B Action
Cloture
54-43 vote
05/08/03
Cloture
55-43 vote
07/30/03
Withdrawn
09/04/03
5 Griffin, Richard A. d MI Sixth 01/07/03 06/16/04 07/20/04 Cloture 526 560 701
54-44 vote
07/22/04
Returned
12/08/04 e
6 Kuhl, Carolyn A. d CA Ninth 01/07/03 04/01/03 05/08/03 Cloture 84 121 701
vitiated
07/31/03
Cloture
53-43 vote
11/14/03
Returned
12/08/04
CRS - 56
Date Days from Nomination Date To:
No. Name of Nominee State Circuit
Received by Committee Final Committee
Hearing Hearing C Final Action
Senate Action a Action B Action
7 McKeague, David W. d MI Sixth 01/07/03 06/16/04 07/20/04 Cloture 526 560 701
53-44 vote
07/22/04
Returned
12/08/04 e
8 Neilson, Susan B. d MI Sixth 01/07/03 09/08/04 10/04/04 Returned 610 636 701
12/08/04 e
9 Owen, Priscilla R. d TX Fifth 01/07/03 03/13/03 03/27/03 Cloture 65 79 701
52-45 vote
05/01/03
Cloture
52-45 vote
05/08/03
Cloture
53-43 vote
07/29/03
Cloture
53-42 vote
11/14/03
Returned
12/08/04 e
CRS - 57
Date Days from Nomination Date To:
No. Name of Nominee State Circuit
Received by Committee Final Committee
Hearing Hearing C Final Action
Senate Action a Action B Action
10 Pickering, Charles W., Sr. d MS Fifth 01/07/03 -- 10/02/03 Cloture -- 268 701
54-43 vote
10/30/03
Returned
12/08/04
11 Roberts, John G., Jr. d MD DC 01/07/03 01/29/03 02/27/03 Recommit f 22 51 121
04/30/03
04/30/03 05/08/03 05/08/03
12 Saad, Henry W. d MI Sixth 01/07/03 07/30/03 06/17/04 Cloture 204 527 701
52-46 vote
07/22/04
Returned
12/08/04 e
13 Sutton, Jeffrey S. d OH Sixth 01/07/03 01/29/03 02/13/03 04/29/03 22 37 112
52-41 vote
14 Tymkovich, Timothy M. d CO Tenth 01/07/03 02/12/03 03/06/03 04/01/03 36 58 84
58-41 vote
15 Prado, Edward C. TX Fifth 02/06/03 03/27/03 04/03/03 05/01/03 49 56 84
97-0 vote
16 Callahan, Consuelo M. CA Ninth 02/12/03 05/07/03 05/08/03 05/22/03 84 85 99
99-0 vote
17 Colloton, Steven M. IA Eighth 02/12/03 07/22/03 07/31/03 09/04/03 160 169 204
94-1 vote
CRS - 58
Date Days from Nomination Date To:
No. Name of Nominee State Circuit
Received by Committee Final Committee
Hearing Hearing C Final Action
Senate Action a Action B Action
18 Chertoff, Michael NJ Third 03/05/03 05/07/03 05/22/03 06/09/03 63 78 96
88-1 vote
19 Wesley, Richard C. NY Second 03/05/03 05/22/03 06/05/03 06/11/03 78 92 98
96-0 vote
20 Pryor, William H., Jr. AL Eleventh 04/09/03 06/11/03 07/23/03 Cloture 63 105 609
53-44 vote
07/31/03
Cloture
51-43 vote
11/06/03
Returned
12/08/04
21 Bea, Carlos T. CA Ninth 04/11/03 09/03/03 09/25/03 09/29/03 145 167 171
86-0 vote
22 Allen, Claude A. VA Fourth 04/28/03 10/28/03 -- Returned 183 -- 225
12/09/03
23 Duncan, Allyson K. NC Fourth 04/28/03 06/25/03 07/10/03 07/17/03 58 73 80
93-0 vote
24 Fisher, D. Michael PA Third 05/01/03 10/15/03 11/06/03 12/09/03 167 189 222
25 Myers, William G., III ID Ninth 05/15/03 02/05/04 04/01/04 Cloture 266 322 573
53-44 vote
07/20/04
Returned
12/08/04 e
CRS - 59
Date Days from Nomination Date To:
No. Name of Nominee State Circuit
Received by Committee Final Committee
Hearing Hearing C Final Action
Senate Action a Action B Action
26 Brown, Janice R. CA DC 07/25/03 10/22/03 11/06/03 Cloture 89 104 502
53-43 vote
11/14/03
Returned
12/08/04 e
27 Kavanaugh, Brett M. MD DC 07/25/03 04/27/04 -- Returned 277 -- 502
12/08/04 e
28 Gruender, Raymond W. MO Eighth 09/29/03 01/22/04 03/04/04 05/20/04 115 157 234
97-1 vote
29 Haynes, William J., II VA Fourth 09/29/03 11/19/03 03/11/04 Returned 51 164 436
12/08/04 e
30 Sykes, Diane S. WI Seventh 11/14/03 02/11/04 03/11/04 06/24/04 89 118 223
70-27 vote
31 Van Antwerpen, Franklin S. PA Third 11/21/03 01/28/04 03/04/04 05/20/04 68 104 181
96-0 vote
32 Hall, Peter W. VT Second 12/09/03 03/10/04 04/01/04 06/24/04 92 114 198
33 Allen, Claude A. g VA Fourth 01/20/04 -- -- Returned -- -- 323
12/08/04
34 Pickering, Charles W., Sr. h, i MS Fifth 02/06/04 -- -- Returned -- -- 306
12/08/04
35 Benton, William D. MO Eighth 02/12/04 04/08/04 04/29/04 06/24/04 56 77 133
CRS - 60
Date Days from Nomination Date To:
No. Name of Nominee State Circuit
Received by Committee Final Committee
Hearing Hearing C Final Action
Senate Action a Action B Action
36 Pryor, William H., Jr. g ,j AL Eleventh 03/12/04 -- -- Returned -- -- 271
12/08/04 e
37 Griffith, Thomas B. UT DC 05/10/04 11/16/04 -- Returned 190 -- 212
12/08/04 e
Mean k 144.8 173.2 140.2 516.2
Number of days elapsed from date received in Senate:
Median l 84.0 104.5 119.5 573.0
18 confirmed nominations
19 unconfirmed nominations
a. The "Committee action" date, unless there is a note indicating otherwise, is the date on which the Senate Judiciary Committee voted to report a nomination favorably to the Senate.
b. A date standing alone is the date of Senate confirmation. A vote tally underneath the date is the roll call vote by which the nomination was confirmed. The absence of a roll call
vote indicates that the nomination was confirmed by voice vote or by unanimous consent. Where final action was not a Senate vote to confirm, the type of final action is specified,
along with the date. "Cloture" indicates that the Senate voted on a motion to close debate (with passage of the motion requiring three-fifths of the Senate, or 60 Members, voting
in favor). "Cloture vitiated" indicates that the Senate by unanimous consent vitiated (undid) a motion to close debate. "Withdrawn" indicates that a nomination was withdrawn
by the President. "Returned" indicates that the Senate returned a nomination to the President (upon a Senate adjournment or recess of more than 30 days).
c. Where a judicial nomination received more than one day of hearings, the "Days from nomination date to:" "Hearing" is the number of days from the nomination date to the first
hearing date.
d. Resubmission; see earlier nomination(s) in 107th Congress.
e. Nominee was renominated in the 109th Congress, on 02/14/2005.
f. Senate by unanimous consent agreed to recommit the nomination to the Senate Judiciary Committee.
g. Resubmission; see earlier nomination in 108th Congress.
h. Resubmission; see three earlier nominations -- one in 108th Congress and two in 107th Congress.
i. On 01/16/2004, between the first and second sessions of the 108th Congress, the nominee was appointed to the court by presidential "recess appointment," an appointment which
expired on 12/08/2004, at the end of the second session of the 108th Congress.
j. On 02/20/2004, during a recess within the second session of the 108th Congress, the nominee was appointed to the court by presidential "recess appointment,"an appointment that
was to expire at the end of the first session of the 109th Congress. However, early in the 109th Congress, on 02/14/2005, he was renominated and then, on 06/09/05, confirmed,
more than six months before his recess appointment would have expired.
k. The "Mean," or average, is the sum of the number of elapsed days for all of the nominations in question divided by the number of those nominations.
l. In each "Median" cell, the number represents (1) the elapsed time for the nomination in the middle of the distribution of all the nominations in questions, with an equal number of
the nominations having longer elapsed times than that nomination and an equal number of nominations having shorter elapsed times; or (2) the arithmetic mean of the elapsed
times for the two nominations in the middle of the distribution if there is no one middle nomination.
CRS - 61
Appendix 4. President George W. Bush's Nominations to the U.S. Circuit Courts of Appeals
During the 109th Congress (January 4, 2005 - December 9, 2006)
Date Days from Nomination Date To:
No. Name of Nominee State Circuit Received by Committee Final Committee
Hearing Hearing C Final Action
Senate Action a Action B Action
1 Boyle, Terrence W. d NC Fourth 02/14/05 03/03/05 06/16/05 Returned 17 122 535
08/03/06
e
2 Brown, Janice R. d CA DC 02/14/05 04/21/05 Cloture -- 66 114
65-32 vote
06/07/05
06/08/05
56-43 vote
e
3 Griffin, Richard A. d MI Sixth 02/14/05 05/26/05 06/09/05 -- 101 115
95-0 vote
4 Griffith, Thomas B. d UT DC 02/14/05 03/08/05 04/14/05 06/14/05 22 59 120
73-24 vote
5 Haynes, William J., II d VA Fourth 02/14/05 07/11/06 -- Returned 512 -- 535
08/03/06
e
d
6 Kavanaugh, Brett M. MD DC 02/14/05 -- Returned -- -- 310
12/22/05
e
7 McKeague, David W. d MI Sixth 02/14/05 05/26/05 06/09/05 -- 101 115
96-0 vote
8 Myers, William G., III d ID Ninth 02/14/05 03/01/05 03/17/05 Returned 15 31 535
08/03/06
e
9 Neilson, Susan B. d MI Sixth 02/14/05 10/20/05 10/27/05 -- 248 255
97-0 vote
CRS - 62
Date Days from Nomination Date To:
No. Name of Nominee State Circuit Received by Committee Final Committee
Hearing Hearing C Final Action
Senate Action a Action B Action
e
10 Owen, Priscilla R. d TX Fifth 02/14/05 04/21/05 Cloture -- 66 100
81-18 vote
05/24/05
05/25/05
55-43 vote
e
11 Pryor, William H., Jr. d AL Eleventh 02/14/05 05/12/05 Cloture -- 87 115
67-32 vote
06/08/05
06/09/05
53-45 vote
e
12 Saad, Henry W. MI Sixth 02/14/05 -- Withdrawn -- -- 406
03/27/06
13 Payne, James H. OK Tenth 09/29/05 -- -- Withdrawn -- -- 159
03/07/06
14 Smith, N. Randy ID Ninth 12/16/05 03/01/06 05/04/06 Returned 75 139 230
08/03/06
15 Chagares, Michael A. NJ Third 01/25/06 03/14/06 03/30/06 04/04/06 48 64 69
98-0 vote
16 Kavanaugh, Brett M. f MD DC 01/25/06 05/09/06 05/11/06 Cloture 104 106 121
67-30 vote
05/26/06
05/26/06
57-36 vote
17 Ikuta, Sandra S. CA Ninth 02/08/06 05/02/06 05/25/06 06/19/06 83 106 131
81-0 vote
CRS - 63
Date Days from Nomination Date To:
No. Name of Nominee State Circuit Received by Committee Final Committee
Hearing Hearing C Final Action
Senate Action a Action B Action
18 Wallace, Michael B. MS Fifth 02/08/06 -- -- Returned -- -- 176
08/03/06
19 Smith, Milan D., Jr. CA Ninth 02/14/06 04/25/06 05/04/06 05/16/06 70 79 91
93-0 vote
20 Holmes, Jerome A. OK Tenth 05/04/06 06/15/06 07/13/06 07/25/06 42 70 82
67-30 vote
21 Gorsuch, Neil M. CO Tenth 05/10/06 06/21/06 07/13/06 07/20/06 42 64 71
22 Moore, Kimberly A. VA Federal 05/18/06 06/28/06 07/27/06 09/05/06 41 70 110
92-0 vote
23 Shepherd, Bobby E. AR Eighth 05/18/06 06/28/06 07/13/06 07/20/06 41 56 63
24 Jordan, Kent A. DE Third 06/28/06 09/06/06 09/26/06 Cloture 70 90 163
93-0 vote
12/08/06
12/08/06
91-0 vote
25 Kethledge, Raymond MI Sixth 06/28/06 -- -- Returned -- -- 164
12/09/06
26 Livingston, Debra A. g NY Second 06/28/06 -- -- Returned -- -- 164
12/09/06
27 Murphy, Stephen J. MI Sixth 06/28/06 -- -- Returned -- -- 164
12/09/06
28 Keisler, Peter D. MD DC 06/29/06 08/01/06 -- Returned 33 -- 164
09/29/06
29 Boyle, Terrence W. f NC Fourth 09/05/06 -- -- Returned -- -- 92
09/29/06
CRS - 64
Date Days from Nomination Date To:
No. Name of Nominee State Circuit Received by Committee Final Committee
Hearing Hearing C Final Action
Senate Action a Action B Action
30 Haynes, William J., II f VA Fourth 09/05/06 -- -- Returned -- -- 24
09/29/06
31 Myers, William G., III f ID Ninth 09/05/06 -- -- Returned -- -- 24
09/29/06
32 Smith, N. Randy f ID Ninth 09/05/06 -- 09/21/06 Returned -- 16 24
09/29/06
33 Wallace, Michael B. f MS Ninth 09/05/06 09/26/06 -- Returned 21 -- 24
09/29/06
34 Hardiman, Thomas M. g PA Third 09/13/06 11/14/06 -- Returned 62 -- 87
12/09/06
35 Boyle, Terrence W. f NC Fourth 11/15/06 -- Returned -- -- 24
12/09/06
36 Haynes, William J. f VA Fourth 11/15/06 -- Returned -- -- 24
12/09/06
37 Keisler, Peter D. f, g MD DC 11/15/06 -- Returned -- -- 24
12/09/06
38 Myers, William G., III f ID Ninth 11/15/06 -- Returned -- -- 24
12/09/06
39 Smith, N. Randy f, g, h ID Ninth 11/15/06 Returned -- -- 24
12/09/06
40 Wallace, Michael B. f MS Fifth 11/15/06 Returned -- -- 24
12/09/06
CRS - 65
Date Days from Nomination Date To:
No. Name of Nominee State Circuit Received by Committee Final Committee
Hearing Hearing C Final Action
Senate Action a Action B Action
Mean i 76.4 87.1 114.7 159.2
Number of days elapsed from date received in Senate:
Median j 42 74.5 114.5 89.5
16 confirmed nominations
24 unconfirmed nominations
a. The "Committee action" date, unless there is a note indicating otherwise, is the date on which the Senate Judiciary Committee voted to report a nomination favorably to the Senate.
b. A date standing alone is the date of Senate confirmation. A vote tally underneath the date is the roll call vote by which the nomination was confirmed. The absence of a roll call
vote indicates that the nomination was confirmed by voice vote or by unanimous consent. Where final action was not a Senate vote to confirm, the type of final action is specified,
along with the date. "Cloture" indicates that the Senate voted on a motion to close debate (with passage of the motion requiring three-fifths of the Senate, or 60 Members, voting
in favor). "Cloture vitiated" indicates that the Senate by unanimous consent vitiated (undid) a motion to close debate. "Withdrawn" indicates that a nomination was withdrawn
by the President. "Returned" indicates that the Senate returned a nomination to the President (upon a Senate adjournment or recess of more than 30 days).
c. Where a judicial nomination received more than one day of hearings, the "Days from nomination date to:" "Hearing" is the number of days from the nomination date to the first
hearing date.
d. Resubmission; see earlier nomination(s) in 108th Congress.
e. Hearing held on earlier nomination in 108th Congress.
f. Resubmission; see earlier nomination(s) in 109th Congress.
g. Resubmitted in the 110th Congress on Jan. 9, 2007. As of Jan. 19, 2007, four nominees had been resubmitted in the 110th Congress.
h. N. Randy Smith's nomination of Jan. 9, 2007 was withdrawn by President Bush on Jan. 16, 2007 and renominated to a different seat on the Ninth Circuit Court of Appeals on that
same day.
i. The "Mean," or average, is the sum of the number of elapsed days for all of the nominations in question divided by the number of those nominations.
j. In each "Median" cell, the number represents (1) the elapsed time for the nomination in the middle of the distribution of all the nominations in questions, with an equal number of
the nominations having longer elapsed times than that nomination and an equal number of nominations having shorter elapsed times; or (2) the arithmetic mean of the elapsed
times for the two nominations in the middle of the distribution if there is no one middle nomination.
CRS - 66
Appendix 5: President George W. Bush's Nominees to the U.S. District Courts, 107th-109th
Congresses (January 20, 2001-December 9, 2006)
Days Elapsed,
Name of Nominee Date Initial Nomination
Districta Congress Disposition to Disposition of
(Nominees Not Confirmed Committee
Nomination Hearing Final Action Most Recent
In Italics) Actionb Nomination
107th 10/10/02 -- -- 11/20/02 Returned
Adams, John R. N.OH 123
108th 01/07/03 01/29/03 02/06/03 02/10/03 Confirmed
Africk, Lance M. E.LA 107th 01/23/02 03/29/02 04/11/02 04/17/02 Confirmed 84
Altonaga, Cecilia M. S.FL 108th 01/15/03 04/01/03 04/10/03 05/06/03 Confirmed 111
Alvarez, Micaela S.TX 108th 06/16/04 09/08/04 09/30/04 11/21/04 Confirmed 158
Anderson, Percy C.CA 107th 01/23/02 04/11/02 04/18/02 04/25/02 Confirmed 92
08/02/01 -- -- 08/03/01 Returned
Armijo, M. Christina NM 107th 96
09/04/01 10/18/01 11/01/01 11/06/01 Confirmed
Autrey, Henry E. E.MO 107th 03/21/02 05/24/02 06/13/02 08/01/02 Confirmed 133
Bailey, John P. c N.WV 109th 06/28/06 -- -- 12/09/06 Returned 164
Baker, Valerie L. c C.CA 109th 05/04/06 08/01/06 09/21/06 12/09/06 Returned 219
Barrett, Michael R. S.OH 109th 12/16/05 03/29/06 04/27/06 05/01/06 Confirmed 136
06/20/01 -- -- 08/03/01 Returned
Bates, John D. DC 107th 174
09/04/01 10/25/01 11/29/01 12/11/01 Confirmed
Batten, Timothy C., Sr. N.GA 109th 09/28/05 02/07/06 02/16/06 03/06/06 Confirmed 159
Baylson, Michael M. E.PA 107th 01/23/02 04/11/02 04/18/02 04/30/02 Confirmed 97
Beistline, Ralph R. AK 107th 11/08/01 02/26/02 03/07/02 03/12/02 Confirmed 124
Benitez, Roger T. S.CA 108th 05/01/03 02/25/04 04/01/04 06/17/04 Confirmed 413
Bennett, Richard D. MD 108th 01/29/03 03/27/03 04/03/03 04/09/03 Confirmed 70
Besosa, Francisco A. PR 109th 05/16/06 08/01/06 09/21/06 09/25/06 Confirmed 132
Bianco, Joseph F. E.NY 109th 07/28/05 11/01/05 11/17/05 12/21/05 Confirmed 146
Blackburn, Robert E. DC 107th 09/10/01 01/24/02 02/07/02 02/26/02 Confirmed 169
CRS - 67
Days Elapsed,
Name of Nominee Date Initial Nomination
Districta Congress Disposition to Disposition of
(Nominees Not Confirmed Committee
Nomination Hearing Final Action Most Recent
In Italics) Actionb Nomination
08/02/01 -- -- 08/03/01 Returned
Bowdre, Karon O. N.AL 107th 96
09/04/01 10/18/01 11/01/01 11/06/01 Confirmed
Boyko, Christopher A. N.OH 108th 07/22/04 09/22/04 10/04/04 11/21/04 Confirmed 122
Boyle, Jane J. N.TX 108th 11/24/03 03/10/04 04/01/04 06/17/04 Confirmed 206
Brack, Robert C. NM 108th 04/28/03 06/25/03 07/10/03 07/14/03 Confirmed 77
107th 10/10/02 -- -- 11/20/02 Returned
Breen, J. Daniel W.TN 154
108th 01/07/03 02/12/03 03/06/03 03/13/03 Confirmed
Browning, James O. NM 108th 04/28/03 07/09/03 07/24/03 07/31/03 Confirmed 94
Bryant, Vanessa L.c CT 109th 01/25/06 09/26/06 -- 12/09/06 Returned 318
Bumb, Renee M. NJ 109th 01/25/06 04/25/06 05/04/06 06/06/06 Confirmed 132
08/02/01 -- -- 08/03/01 Returned
Bunning, David L. E.KY 107th 196
09/04/01 12/10/01 02/07/02 02/14/02 Confirmed
Burgess, Timothy M. AK 109th 07/28/05 11/01/05 11/17/05 12/21/05 Confirmed 146
Burns, Larry A. S.CA 108th 05/01/03 07/30/03 09/04/03 09/24/03 Confirmed 146
Bury, David C. AZ 107th 09/10/01 02/26/02 03/07/02 03/15/02 Confirmed 186
08/02/01 -- -- 08/03/01 Returned
Caldwell, Karen K. E.KY 107th 82
09/04/01 10/04/01 10/18/01 10/23/01 Confirmed
107th 06/19/01 -- -- 08/03/01 Returned
Camp, Laurie S. NE 126
107th 09/04/01 10/04/01 10/18/01 10/23/01 Confirmed
Campbell, David G. AZ 108th 03/13/03 04/30/03 06/12/03 07/08/03 Confirmed 117
Cardone, Kathleen W.TX 108th 05/01/03 07/09/03 07/17/03 07/28/03 Confirmed 88
107th 10/10/02 -- -- 11/20/02 Returned
Carney, Cormac J. C.CA 179
108th 01/07/03 03/12/03 03/20/03 04/07/03 Confirmed
06/19/01 -- -- 08/03/01 Returned
Cassell, Paul G. UT 107th 328
09/04/01 03/19/02 05/02/02 05/13/02 Confirmed
Castel, P. Kevin S.NY 108th 03/05/03 07/22/03 07/31/03 09/17/03 Confirmed 196
Cebull, Richard F. MT 107th 05/17/01 07/11/01 07/19/01 07/20/01 Confirmed 64
Cercone, David S. W.PA 107th 03/21/02 06/13/02 06/20/02 08/01/02 Confirmed 133
CRS - 68
Days Elapsed,
Name of Nominee Date Initial Nomination
Districta Congress Disposition to Disposition of
(Nominees Not Confirmed Committee
Nomination Hearing Final Action Most Recent
In Italics) Actionb Nomination
Chesler, Stanley R. NJ 107th 01/23/02 09/26/02 10/08/02 11/14/02 Confirmed 295
Clark, Ronald H. E.TX 107th 01/23/02 08/01/02 09/19/02 10/02/02 Confirmed 252
Cogan, Brian M. E.NY 109th 01/25/06 03/29/06 04/27/06 05/04/06 Confirmed 99
Cohn, James I. S.FL 108th 05/01/03 07/09/03 07/17/03 07/31/03 Confirmed 91
Collyer, Rosemary M. DC 107th 08/01/02 10/07/02 10/08/02 11/14/02 Confirmed 105
Conner, Christopher C. M.PA 107th 02/28/02 05/09/02 05/16/02 07/26/02 Confirmed 148
Conrad, Glen E. W.VA 108th 04/28/03 07/30/03 09/04/03 09/22/03 Confirmed 147
108th 04/28/03 -- -- 12/08/04 Returned
Conrad, Robert J., Jr. W.NC 731
109th 02/14/05 03/03/05 04/14/05 04/28/05 Confirmed
Conti, Joy F. W.PA 107th 01/23/02 05/09/02 05/16/02 07/29/02 Confirmed 187
Coogler, L. Scott N.AL 108th 03/27/03 05/07/03 05/15/03 05/22/03 Confirmed 56
Cooke, Marcia G. S.FL 108th 11/25/03 03/10/04 04/01/04 05/18/04 Confirmed 175
Corrigan, Timothy J. M.FL 107th 05/22/02 07/23/02 07/31/02 09/12/02 Confirmed 113
Covington, Virginia M. H. M.FL 108th 04/20/04 06/16/04 07/20/04 09/07/04 Confirmed 140
108th 09/10/04 -- -- 12/08/04 Returned
Cox, Sean F. E.MI 636
109th 02/14/05 05/02/06 05/11/06 06/08/06 Confirmed
Crane, Randy S.TX 107th 09/21/01 02/26/02 03/03/02 03/18/02 Confirmed 178
Crone, Marcia A. E.TX 108th 05/01/03 09/03/03 09/25/03 09/30/03 Confirmed 152
108th 09/07/04 11/16/04 -- 12/08/04 Returned
Crotty, Paul A. S.NY 216
109th 02/14/05 -- 03/17/05 04/11/05 Confirmed
Davis, Legrome D. E.PA 107th 01/23/02 03/19/02 04/11/02 04/18/02 Confirmed 85
Davis, Leonard E. E.TX 107th 01/23/02 04/25/02 05/02/02 05/09/02 Confirmed 106
Delgado-Colon, Aida M. PR 109th 10/25/05 02/07/06 02/16/06 03/06/06 Confirmed 132
Der-Yeghiayan, Samuel N.IL 108th 03/05/03 06/25/03 07/10/03 07/14/03 Confirmed 131
107th 05/22/02 -- -- 11/20/02 Returned
Dever, James C., III E.NC 108th 01/07/03 -- -- 12/08/04 Returned 1,072
109th 02/14/05 03/03/05 04/14/05 04/28/05 Confirmed
Diamond, Paul S. E.PA 108th 01/20/04 03/24/04 04/01/04 06/16/04 Confirmed 148
CRS - 69
Days Elapsed,
Name of Nominee Date Initial Nomination
Districta Congress Disposition to Disposition of
(Nominees Not Confirmed Committee
Nomination Hearing Final Action Most Recent
In Italics) Actionb Nomination
Donohue, Mary O. c N.NY 109th 06/28/06 -- -- 12/09/06 Returned 164
Dorr, Richard E. W.MO 107th 03/21/02 05/24/02 06/13/02 08/01/02 Confirmed 133
Drell, Dee D. W.LA 108th 01/15/03 03/27/03 04/03/03 04/09/03 Confirmed 84
DuBose, Kristi K. S.AL 109th 09/28/05 11/15/05 11/17/05 12/21/05 Confirmed 84
Duffey, William S., Jr.. N.GA 108th 11/05/03 02/05/04 03/04/04 06/16/04 Confirmed 224
08/02/01 -- -- 08/03/01 Returned
Eagan, Clair V. N.OK 107th 82
09/04/01 10/04/01 10/18/01 10/23/01 Confirmed
08/02/01 -- -- 08/03/01 Returned
Engelhardt, Kurt D. E.LA 107th 131
09/04/01 10/25/01 11/29/01 12/11/01 Confirmed
England, Morrison C., Jr. E.CA 107th 03/21/02 06/13/02 06/20/02 08/01/02 Confirmed 133
107th 09/12/02 -- -- 11/20/02 Returned
Erickson, Ralph R. ND 181
108th 01/07/03 02/05/03 02/27/03 03/12/03 Confirmed
Farr, Thomas A. c E.NC 109th 12/07/06 -- -- 12/09/06 Returned 2
107th 07/25/02 -- -- 11/20/02 Returned
Feuerstein, Sandra J. E.NY 419
108th 01/07/03 07/22/03 07/31/03 09/17/03 Confirmed
Figa, Phillip S. CO 108th 06/09/03 09/03/03 09/25/03 10/02/03 Confirmed 115
Filip, Mark R. N.IL 108th 04/28/03 10/28/03 11/06/03 02/04/04 Confirmed 282
Finch, Raymond L. VI 108th 02/21/04 09/08/04 09/30/04 11/21/04 Confirmed 274
Fischer, Dale S. C.CA 108th 05/01/03 10/15/03 10/23/03 10/27/03 Confirmed 179
Fischer, Nora B. c W.PA 109th 07/13/06 09/12/06 09/29/06 12/09/06 Returned 149
Flanagan, Louise W. E.NC 108th 01/29/03 06/25/03 07/10/03 07/17/03 Confirmed 169
Floyd, Henry F. SC 108th 05/15/03 07/30/03 09/04/03 09/22/03 Confirmed 130
08/02/01 -- -- 08/03/01 Returned
Friot, Stephen P. W.OK 107th 96
09/04/01 10/18/01 11/01/01 11/06/01 Confirmed
Frizzell, Gregory K. c N.OK 109th 06/07/06 09/12/06 09/29/06 12/09/06 Returned 185
107th 08/01/02 -- -- 11/20/02 Returned
Frost, Gregory L. S.OH 221
108th 01/07/03 02/05/03 02/27/03 03/10/03 Confirmed
Fuller, Mark E. M.AL 107th 08/01/02 10/07/02 10/08/02 11/14/02 Confirmed 105
CRS - 70
Days Elapsed,
Name of Nominee Date Initial Nomination
Districta Congress Disposition to Disposition of
(Nominees Not Confirmed Committee
Nomination Hearing Final Action Most Recent
In Italics) Actionb Nomination
Gardner, James K. E.PA 107th 04/22/02 08/01/02 09/05/02 10/02/02 Confirmed 163
Gelpi, Gustavo A. PR 109th 04/24/06 06/15/06 07/13/06 07/20/06 Confirmed 87
Gibson, Kim R. W.PA 108th 04/28/03 07/30/03 09/04/03 09/23/03 Confirmed 148
Godbey, David C. N.TX 107th 01/23/02 04/25/02 06/13/02 08/01/02 Confirmed 190
Golden, Thomas M. E.PA 109th 01/25/06 03/29/06 04/27/06 05/04/06 Confirmed 99
Gomez, Curtis V. VI 108th 11/25/03 04/08/04 04/29/04 11/21/04 Confirmed 362
08/02/01 -- -- 08/03/01 Returned
Granade, Callie V. S.AL 107th 153
09/04/01 12/05/01 12/13/01 02/04/02 Confirmed
Greer, J. Ronnie E.TN 108th 04/09/03 05/22/03 06/05/03 06/11/03 Confirmed 63
Griesbach, William C. E.WI 107th 01/23/02 04/11/02 04/18/02 04/25/02 Confirmed 92
07/10/01 -- -- 08/03/01 Returned
Gritzner, James E. S.IA 107th 219
09/04/01 01/24/02 02/07/02 02/14/02 Confirmed
Guilford, Andrew J. C.CA 109th 01/25/06 05/24/06 06/09/06 06/22/06 Confirmed 148
Guirola, Louis, Jr. S.MS 108th 09/23/03 11/19/03 03/04/04 03/12/04 Confirmed 171
Gutierrez, Philip S. c C.CA 109th 04/24/06 08/01/06 09/21/06 12/09/06 Returned 229
Haddon, Sam E. MT 107th 05/17/01 07/11/01 07/19/01 07/20/01 Confirmed 64
Hanen, Andrew S. S.TX 107th 01/23/02 04/25/02 05/02/02 05/09/02 Confirmed 106
Hardiman, Thomas M. W.PA 108th 04/09/03 05/22/03 06/26/03 10/22/03 Confirmed 196
Harwell, Robert B. SC 108th 01/20/04 04/08/04 04/29/04 06/24/04 Confirmed 156
Hayes, William Q. S.CA 108th 05/01/03 09/03/03 09/25/03 10/02/03 Confirmed 154
08/02/01 -- -- 08/03/01 Returned
Heaton, Joe L. W.OK 107th 126
09/04/01 11/07/01 11/29/01 12/06/01 Confirmed
Herrera, Judith C. NM 108th 09/23/03 11/12/03 03/04/04 06/03/04 Confirmed 254
107th 08/02/01 -- -- 08/03/01 Returned
Hicks, Larry R. NV 95
107th 09/04/01 10/18/01 11/01/01 11/05/01 Confirmed
107th 09/12/02 -- -- 11/20/02 Returned
Hicks, S. Maurice, Jr. W.LA 249
108th 01/07/03 04/30/03 05/08/03 05/19/03 Confirmed
Hillman, Noel L. NJ 109th 01/25/06 04/25/06 05/04/06 06/08/06 Confirmed 134
CRS - 71
Days Elapsed,
Name of Nominee Date Initial Nomination
Districta Congress Disposition to Disposition of
(Nominees Not Confirmed Committee
Nomination Hearing Final Action Most Recent
In Italics) Actionb Nomination
Holmes, J. Leon E.AR 108th 01/29/03 03/27/03 05/01/03c 07/06/04 Confirmed 524
Holmes, Jerome A. N.OK 109th 02/14/06 -- -- 05/04/06 Withdrawn 79
107th 08/01/02 -- -- 11/20/02 Returned
Holwell, Richard J. S.NY 412
108th 01/07/03 07/22/03 07/31/03 09/17/03 Confirmed
Hopkins, Virginia E. N.AL 108th 10/14/03 11/19/03 03/04/04 06/15/04 Confirmed 245
Houston, John A. S.CA 108th 05/01/03 09/03/03 09/25/03 10/02/03 Confirmed 154
Hovland, Daniel L. ND 107th 06/26/02 09/26/02 10/08/02 11/14/02 Confirmed 141
Howard, Marcia M. c M.FL 109th 06/06/06 09/06/06 09/29/06 12/09/06 Returned 186
Hudson, Henry E. E.VA 107th 01/23/02 05/23/02 06/13/02 08/01/02 Confirmed 190
Irizarry, Dora L. E.NY 108th 04/28/03 10/01/03 10/30/03 06/24/04 Confirmed 423
Jarvey, John A. c S.IA 109th 06/28/06 09/06/06 09/26/06 12/09/06 Returned 164
08/02/01 -- -- 08/03/01 Returned
Johnson, William P. NM 107th 133
09/04/01 10/25/01 11/29/01 12/13/01 Confirmed
Johnston, Thomas E. S.WV 109th 09/28/05 02/07/06 02/16/06 03/06/06 Confirmed 159
Jones, John E., III M.PA 107th 02/28/02 05/09/02 05/16/02 07/29/02 Confirmed 151
Jones, Robert C. NV 108th 06/09/03 09/03/03 09/25/03 10/02/03 Confirmed 115
Jonker, Robert J. W.MI 109th 06/28/06 09/19/06 09/29/06 12/09/06 Returned 164
Jordan, Daniel P., III S.MS 109th 04/24/06 06/15/06 -- 07/20/06 Confirmed 87
Jordan, Kent A. DE 107th 07/25/02 09/18/02 10/08/02 11/14/02 Confirmed 112
Jorgenson, Cindy K. AZ 107th 09/10/01 01/24/02 02/07/02 02/26/02 Confirmed 169
107th 07/18/02 -- -- 11/20/02 Returned
Junell, Robert A. W.TX 207
108th 01/07/03 01/29/03 02/06/03 02/10/03 Confirmed
Kapala, Frederick J. c N.IL 109th 12/05/06 -- -- 12/09/06 Returned 4
Karas, Kenneth M. S.NY 108th 09/18/03 11/19/03 03/04/04 06/03/04 Confirmed 259
Kelly, Walter D., Jr. E.VA 108th 10/31/03 03/10/04 04/01/04 06/23/04 Confirmed 236
Kendall, Virginia M. N.IL 109th 09/28/05 11/15/05 11/17/05 12/21/05 Confirmed 84
Kinkeade, James E. N.TX 107th 07/18/02 09/26/02 10/08/02 11/14/02 Confirmed 119
Klausner, Robert G. C.CA 107th 07/18/02 10/07/02 10/08/02 11/14/02 Confirmed 119
CRS - 72
Days Elapsed,
Name of Nominee Date Initial Nomination
Districta Congress Disposition to Disposition of
(Nominees Not Confirmed Committee
Nomination Hearing Final Action Most Recent
In Italics) Actionb Nomination
Kravitz, Mark R. CT 108th 03/27/03 05/22/03 06/05/03 06/11/03 Confirmed 76
Krieger, Marcia S. DC 107th 09/10/01 12/05/01 12/13/01 01/25/02 Confirmed 137
Kugler, Robert B. NJ 107th 08/01/02 10/07/02 10/08/02 11/14/02 Confirmed 105
Lancaster, Joan E. MN 107th 01/23/02 04/11/02 04/18/02 04/25/02 Confirmed 92
Land, Clay D. M.GA 107th 09/21/01 11/07/01 11/29/01 12/13/01 Confirmed 83
Larson, Stephen G. C.CA 109th 12/15/05 02/15/06 03/02/06 03/16/06 Confirmed 91
Leighton, Ronald B. W.WA 107th 01/23/02 10/07/02 10/08/02 11/14/02 Confirmed 295
Leon, Richard J. DC 107th 09/10/01 01/24/02 02/07/02 02/14/02 Confirmed 157
Linares, Jose L. NJ 107th 08/01/02 10/07/02 10/08/02 11/14/02 Confirmed 105
Lioi, Sara E. c N.OH 109th 07/13/06 09/06/06 09/26/06 12/09/06 Returned 149
107th 09/12/02 -- -- 11/20/02 Returned
Ludington, Thomas L. E.MI 108th 01/07/03 -- -- 12/08/04 Returned 1,365
109th 02/14/05 05/02/06 05/11/06 06/08/06 Confirmed
Ludlum, Alia M. W.TX 107th 07/11/02 09/18/02 10/08/02 11/14/02 Confirmed 126
Mahan, James C. NV 107th 09/10/01 12/05/01 12/13/01 01/25/02 Confirmed 137
Maloney, Paul L. W.MI 109th 06/28/06 09/19/06 09/29/06 12/09/06 Returned 164
Marra, Kenneth A. S.FL 107th 01/23/02 06/13/02 06/20/02 09/09/02 Confirmed 229
Martinez, Jose E. S.FL 107th 01/23/02 07/23/02 07/31/02 09/13/02 Confirmed 233
Martinez, Philip R. W.TX 107th 10/09/01 12/05/01 12/13/01 02/05/02 Confirmed 119
Martinez, Ricardo S. W.WA 108th 10/14/03 01/22/04 03/04/04 06/15/04 Confirmed 245
Martini, William J. NJ 107th 01/23/02 09/18/02 10/08/02 11/14/02 Confirmed 295
Martone, Frederick J. AZ 107th 09/10/01 11/07/01 11/29/01 12/13/01 Confirmed 94
Mattice, Harry S., Jr. E.TN 109th 07/28/05 09/29/05 10/20/05 10/24/05 Confirmed 88
Mauskopf, Roslynn R. c E.NY 109th 08/02/06 -- -- 12/09/06 Returned 129
Mays, Samuel H., Jr. W.TN 107th 01/23/02 04/25/02 05/02/02 05/09/02 Confirmed 106
McKnight, H. Brent W.NC 108th 04/28/03 07/22/03 07/24/03 07/31/03 Confirmed 94
McVerry, Terrence F. W.PA 107th 01/23/02 06/27/02 07/31/02 09/03/02 Confirmed 223
Miller, Gray H. S.TX 109th 01/25/06 03/14/06 03/30/06 04/25/06 Confirmed 90
CRS - 73
Days Elapsed,
Name of Nominee Date Initial Nomination
Districta Congress Disposition to Disposition of
(Nominees Not Confirmed Committee
Nomination Hearing Final Action Most Recent
In Italics) Actionb Nomination
07/10/01 -- -- 08/03/01 Returned
Mills, Michael P. N.MS 107th 93
09/04/01 09/13/01 10/04/01 10/11/01 Confirmed
Minaldi, Patricia H. W.LA 108th 01/15/03 04/01/03 05/01/03 05/06/03 Confirmed 111
Montalvo, Frank W.TX 108th 05/01/03 07/09/03 07/17/03 07/31/03 Confirmed 91
Mosman, Michael W. OR 108th 05/08/03 07/30/03 09/04/03 09/25/03 Confirmed 140
Neff, Janet T. W.MI 109th 06/28/06 09/19/06 09/29/06 12/09/06 Returned 164
O'Grady, Liam c E.VA 109th 08/02/06 -- -- 12/09/06 Returned 129
O'Neill, Lawrence J. c E.CA 109th 08/02/06 09/12/06 09/21/06 12/09/06 Returned 129
Osteen, William L., Jr. c M.NC 109th 09/29/06 -- -- 12/09/06 Returned 71
107th 07/18/02 -- -- 11/20/02 Returned
Otero, S. James C.CA 207
108th 01/07/03 01/29/03 02/06/03 02/10/03 Confirmed
Ozerden, Halil S. c S.MS 109th 09/05/06 -- -- 12/09/06 Returned 95
08/02/01 -- -- 08/03/01 Returned
Payne, James H. N.E.W.OK 107th 82
09/04/01 10/04/01 10/18/01 10/23/01 Confirmed
Phillips, Thomas W. E.TN 107th 06/26/02 09/18/02 10/08/02 11/14/02 Confirmed 141
Pratter, Gene E.K. E.PA 108th 11/03/03 01/22/04 03/04/04 06/15/04 Confirmed 225
Proctor, R. David N.AL 108th 05/01/03 07/22/03 07/31/03 09/17/03 Confirmed 139
107th 09/12/02 -- -- 11/20/02 Returned
Quarles, William D., Jr. MD 181
108th 01/07/03 02/05/03 02/27/03 03/12/03 Confirmed
Reade, Linda R. N.IA 107th 06/26/02 09/26/02 10/08/02 11/14/02 Confirmed 141
08/02/01 -- -- 08/03/01 Returned
Reeves, Danny C. E.KY 107th 126
09/04/01 11/07/01 11/29/01 12/06/01 Confirmed
Reidinger, Martin K. c W.NC 109th 09/29/06 -- -- 12/09/06 Returned 71
Robart, James L. W.WA 108th 12/09/03 02/11/04 03/11/04 06/17/04 Confirmed 191
Robinson, Julie A. KS 107th 09/10/01 11/07/01 11/29/01 12/11/01 Confirmed 92
Robinson, Stephen C. S.NY 108th 03/05/03 07/22/03 07/31/03 09/17/03 Confirmed 196
Rodgers, Margaret C. N.FL 108th 07/14/03 09/17/03 10/02/03 10/20/03 Confirmed 98
Rodriguez, Xavier W.TX 108th 05/01/03 07/09/03 07/17/03 07/31/03 Confirmed 91
CRS - 74
Days Elapsed,
Name of Nominee Date Initial Nomination
Districta Congress Disposition to Disposition of
(Nominees Not Confirmed Committee
Nomination Hearing Final Action Most Recent
In Italics) Actionb Nomination
Rogan, James E. c C.CA 109th 11/15/06 -- -- 12/09/06 Returned 24
107th 01/23/02 -- -- 11/20/02 Returned
Rohlfing, Frederick W., III HI 834
108th 01/07/03 -- -- 05/06/04 Withdrawn
Rose, Thomas M. S.OH 107th 01/23/02 04/25/02 05/02/02 05/09/02 Confirmed 106
Royal, C. Ashley M.GA 107th 10/09/01 12/05/01 12/13/01 12/20/01 Confirmed 72
Rufe, Cynthia M. E.PA 107th 01/23/02 04/11/02 04/18/02 04/30/02 Confirmed 97
108th 04/28/03 -- -- 12/08/04 Returned
Ryan, Daniel P. E.MI 1,067
109th 02/14/05 -- -- 03/30/06 Withdrawn
Sabraw, Dana M. S.CA 108th 05/01/03 07/30/03 09/04/03 09/25/03 Confirmed 147
Sanchez, Juan R. E.PA 108th 11/25/03 02/11/04 03/11/04 06/23/04 Confirmed 211
Sandoval, Brian E. NV 109th 03/01/05 09/29/05 10/20/05 10/24/05 Confirmed 237
Savage, Timothy J. E.PA 107th 03/21/02 05/24/02 06/13/02 08/01/02 Confirmed 133
Saylor, F. Dennis, IV MA 108th 07/30/03 11/12/03 03/04/04 06/01/04 Confirmed 307
Schiavelli, George P. C.CA 108th 01/20/04 04/08/04 04/29/04 06/24/04 Confirmed 156
Schiltz, Patrick J. MN 109th 12/14/05 03/01/06 03/30/06 04/26/06 Confirmed 133
Schneider, Michael H., Sr. E.TX 108th 05/17/04 07/07/04 07/20/04 09/07/04 Confirmed 113
Schroeder, Thomas D. c M.NC 109th 09/29/06 -- -- 12/09/06 Returned 71
Schwab, Arthur J. W.PA 107th 01/23/02 06/27/02 07/31/02 09/13/02 Confirmed 233
108th 09/15/04 11/16/04 -- 12/08/04 Returned
Seabright, J. Michael HI 224
109th 02/14/05 -- 03/17/05 04/27/05 Confirmed
Selna, James V. C.CA 108th 01/29/03 03/12/03 03/20/03 03/27/03 Confirmed 57
Settle, Benjamin H. c W.WA 109th 11/15/06 -- -- 12/09/06 Returned 24
Sharpe, Gary L. N.NY 108th 04/28/03 10/15/03 10/23/03 01/28/04 Confirmed 275
108th 11/05/03 -- -- 12/08/04 Returned
Sheridan, Peter G. NJ 946
109th 02/14/05 04/25/06 05/04/06 06/08/06 Confirmed
Simon, Philip P. N.IN 108th 01/29/03 03/12/03 03/20/03 03/27/03 Confirmed 57
Smith, William E. RI 107th 07/18/02 10/07/02 10/08/02 11/14/02 Confirmed 119
Smoak, John R. N.FL 109th 06/08/05 09/29/05 10/20/05 10/27/05 Confirmed 141
CRS - 75
Days Elapsed,
Name of Nominee Date Initial Nomination
Districta Congress Disposition to Disposition of
(Nominees Not Confirmed Committee
Nomination Hearing Final Action Most Recent
In Italics) Actionb Nomination
Southwick, Leslie S.MS 109th 06/06/06 09/19/06 09/29/06 12/09/06 Returned 186
Springmann, Theresa L. N.IN 108th 01/29/03 03/12/03 03/20/03 03/31/03 Confirmed 61
St. Eve, Amy J. N.IL 107th 03/21/02 05/24/02 06/13/02 08/01/02 Confirmed 133
Starrett, Keith S.MS 108th 07/06/04 09/08/04 09/30/04 11/21/04 Confirmed 138
Steele, William H. S.AL 108th 01/07/03 02/12/03 03/06/03 03/13/03 Confirmed 65
Stengel, Lawrence F. E.PA 108th 11/06/03 02/05/04 03/11/04 06/16/04 Confirmed 223
Suko, Lonny R. E.WA 108th 04/28/03 06/25/03 07/10/03 07/15/03 Confirmed 78
Titus, Roger W. MD 108th 06/18/03 09/17/03 10/02/03 11/05/03 Confirmed 140
Townes, Sandra L. E.NY 108th 08/01/03 11/12/03 03/04/04 06/03/04 Confirmed 307
Tydingco-Gatewood, Frances M. GU 109th 04/25/06 07/11/06 08/03/06 08/03/06 Confirmed 100
Van Tatenhove, Gregory F. E.KY 109th 09/13/05 11/01/05 11/17/05 12/21/05 Confirmed 99
107th 10/10/02 -- -- 11/20/02 Returned
Varlan, Thomas A. E.TN 154
108th 01/07/03 02/12/03 03/06/03 03/13/03 Confirmed
Vitaliano, Eric N. E.NY 109th 10/06/05 11/01/05 11/17/05 12/21/05 Confirmed 76
Wake, Neil V. AZ 108th 10/22/03 01/22/04 03/04/04 03/12/04 Confirmed 142
Walter, John F. C.CA 107th 01/23/02 04/11/02 04/18/02 04/25/02 Confirmed 92
06/20/01 -- -- 08/03/01 Returned
Walton, Reggie B. DC 107th 93
09/04/01 08/22/01 09/06/01 09/21/01 Confirmed
Watkins, W. Keith M.AL 109th 09/28/05 11/15/05 11/17/05 12/21/05 Confirmed 84
Watson, Michael H. S.OH 108th 04/06/04 06/04/04 07/08/04 09/07/04 Confirmed 154
White, Jeffrey S. N.CA 107th 07/25/02 09/18/02 10/08/02 11/14/02 Confirmed 112
White, Ronald A. E.OK 108th 05/15/03 09/03/03 09/25/03 09/30/03 Confirmed 138
Whitney, Frank D. W.NC 109th 02/14/06 05/24/06 06/15/06 06/22/06 Confirmed 128
Wigenton, Susan D. NJ 109th 01/25/06 04/25/06 05/04/06 05/26/06 Confirmed 121
Wolfson, Freda L. NJ 107th 08/01/02 09/26/02 10/08/02 11/14/02 Confirmed 105
Wood, Lisa G. c S.GA 109th 06/12/06 09/12/06 09/29/06 12/09/06 Returned 180
Woodcock, John A. ME 108th 03/27/03 05/22/03 06/05/03 06/12/03 Confirmed 77
Wooten, Terry L. SC 107th 06/18/01 -- -- 08/03/01 Returned 143
CRS - 76
Days Elapsed,
Name of Nominee Date Initial Nomination
Districta Congress Disposition to Disposition of
(Nominees Not Confirmed Committee
Nomination Hearing Final Action Most Recent
In Italics) Actionb Nomination
09/04/01 08/27/01 11/08/01 11/08/01 Confirmed
c th
Wright, Otis D., II C.CA 109 09/05/06 -- -- 12/09/06 Returned 95
Wu, George H. c C.CA 109th 09/05/06 -- -- 12/09/06 Returned 95
Yeakel, Earl L., III W.TX 108th 05/01/03 06/25/03 07/10/03 07/28/03 Confirmed 88
Zainey, Jay C. E.LA 107th 10/10/01 01/24/02 02/07/02 02/11/02 Confirmed 124
Zouhary, Jack N.OH 109th 12/14/05 02/15/06 03/02/06 03/16/06 Confirmed 92
Meane 170.6
Days elapsed, initial nomination to disposition of most recent nomination, confirmed nominees (206 nominees)
Medianf 133.5
Meane 184
Days elapsed, initial nomination to disposition of most recent nomination, nominees not confirmed (31 nominees)
Medianf 149
Notes:
a. District court nominees in this table include nominees to the territorial district courts in the U.S. Virgin Islands, Guam, and the Northern Mariana Islands.
b. Unless otherwise noted, date of committee action is the date the motion to report favorably carried.
c. Resubmitted in the 110th Congress on Jan. 9, 2007. As of Jan. 19, 2007, 24 nominees had been resubmitted in the 110th Congress.
d. Judge Holmes was reported out of committee without recommendation. See Congressional Record, daily edition, vol. 149, May 1, 2003, p. D436.
e. The "Mean" is the sum of the number of elapsed days for all of the nominations in question divided by the number of those nominations.
f. The "Median" is the elapsed time for the nomination that is the "middle case", with an equal number of the nominations having longer elapsed times than that nomination and an
equal number of nominations having shorter elapsed times. If there are an even number of nominations, the median is the arithmetic mean of the elapsed times for the two
nominations in the middle of the distribution.
CRS - 77
Appendix 6. President George W. Bush's Nominations to the U.S. District Courts
During the 107th Congress (January 20, 2001-November 20, 2002)
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
1 Cebull, Richard F. MT 05/17/01 07/11/01 07/19/01 07/20/01 55 63 64
93-0 vote
2 Haddon, Sam F. MT 05/17/01 07/11/01 07/19/01 07/20/01 55 63 64
95-0 vote
3 Wooten, Terry L. c SC 06/18/01 -- -- Returned -- -- 46
08/03/01
4 Camp, Laurie S. c NE 06/19/01 -- -- Returned -- -- 45
08/03/01
5 Cassell, Paul G. c UT 06/19/01 -- -- Returned -- -- 45
08/03/01
6 Bates, John D. c DC 06/20/01 -- -- Returned -- -- 44
08/03/01
7 Walton, Reggie B. c DC 06/20/01 -- -- Returned -- -- 44
08/03/01
8 Gritzner, James E. c S.IA 07/10/01 -- -- Returned -- -- 24
08/03/01
9 Mills, Michael P. c N.MS 07/10/01 -- -- Returned -- -- 24
08/03/01
10 Armijo, M. Christina c NM 08/02/01 -- -- Returned -- -- 1
08/03/01
11 Bowdre, Karon O. c N.AL 08/02/01 -- -- Returned -- -- 1
08/03/01
CRS - 78
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
12 Bunning, David L. c E.KY 08/02/01 -- -- Returned -- -- 1
08/03/01
13 Caldwell, Karen K. c E.KY 08/02/01 -- -- Returned -- -- 1
08/03/01
14 Eagan, Clair V. c N.OK 08/02/01 -- -- Returned -- -- 1
08/03/01
15 Engelhardt, Kurt D. c E.LA 08/02/01 -- -- Returned -- -- 1
08/03/01
16 Friot, Stephen P. c W.OK 08/02/01 -- -- Returned -- -- 1
08/03/01
17 Granade, Callie V. c S.AL 08/02/01 -- -- Returned -- -- 1
08/03/01
18 Heaton, Joe L. c W.OK 08/02/01 -- -- Returned -- -- 1
08/03/01
19 Hicks, Larry R. c NV 08/02/01 -- -- Returned -- -- 1
08/03/01
20 Johnson, William P. c NM 08/02/01 -- -- Returned -- -- 1
08/03/01
21 Payne, James H. c N.E.W.OK 08/02/01 -- -- Returned -- -- 1
08/03/01
22 Reeves, Danny C. c E.KY 08/02/01 -- -- Returned -- -- 1
08/03/01
23 Armijo, M. Christina d NM 09/04/01 10/18/01 11/01/01 11/06/01 44 58 63
100-0 vote
CRS - 79
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
24 Bates, John D. d DC 09/04/01 10/25/01 11/29/01 12/11/01 51 86 98
97-0 vote
25 Bowdre, Karon O. d N.AL 09/04/01 10/18/01 11/01/01 11/06/01 44 58 63
98-0 vote
26 Bunning, David L. d E.KY 09/04/01 12/10/01 02/07/02 02/14/02 97 156 163
d
27 Caldwell, Karen K. E.KY 09/04/01 10/04/01 10/18/01 10/23/01 30 44 49
100-0 vote
28 Camp, Laurie S. d NE 09/04/01 10/04/01 10/18/01 10/23/01 30 44 49
100-0 vote
29 Cassell, Paul G. d UT 09/04/01 03/19/02 05/02/02 05/13/02 196 240 251
67-20 vote
30 Eagan, Clair V. d N.OK 09/04/01 10/04/01 10/18/01 10/23/01 30 44 49
99-0 vote
31 Engelhardt, Kurt. D. d E.LA 09/04/01 10/25/01 11/29/01 12/11/01 51 86 98
32 Friot, Stephen P. d W.OK 09/04/01 10/18/01 11/01/01 11/06/01 44 58 63
98-0 vote
33 Granade, Callie V. d S.AL 09/04/01 12/05/01 12/13/01 02/04/02 92 100 153
75-0 vote
34 Gritzner, James E. d S.IA 09/04/01 01/24/02 02/07/02 02/14/02 142 156 163
35 Heaton, Joe L. d W.OK 09/04/01 11/07/01 11/29/01 12/06/01 64 86 93
36 Hicks, Larry R. d NV 09/04/01 10/18/01 11/01/01 11/05/01 44 58 62
83-0 vote
d
37 Johnson, William P. NM 09/04/01 10/25/01 11/29/01 12/13/01 51 86 100
CRS - 80
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
38 Mills, Michael P. d N.MS 09/04/01 09/13/01 10/04/01 10/11/01 9 30 37
98-0 vote
39 Payne James H. d N.E.W.OK 09/04/01 10/04/01 10/18/01 10/23/01 30 44 49
100-0 vote
40 Reeves, Danny C. d E.KY 09/04/01 11/07/01 11/29/01 12/06/01 64 86 93
41 Walton, Reggie B. d DC 09/04/01 08/22/01e 09/06/01 09/21/01 f 2 17
97-0 vote
42 Wooten, Terry L. d SC 09/04/01 08/27/01g 11/08/01 11/08/01 h 65 65
98-0 vote
43 Blackburn, Robert E. DC 09/10/01 01/24/02 02/07/02 02/26/02 136 150 169
98-0 vote
44 Bury, David C. AZ 09/10/01 02/26/02 03/07/02 03/15/02 169 178 186
90-0 vote
45 Jorgenson, Cindy K. AZ 09/10/01 01/24/02 02/07/02 02/26/02 136 150 169
98-0 vote
46 Krieger, Marcia S. DC 09/10/01 12/05/01 12/13/01 01/25/02 86 94 137
83-0 vote
47 Leon, Richard J. DC 09/10/01 01/24/02 02/07/02 02/14/02 136 150 157
48 Mahan, James C. NV 09/10/01 12/05/01 12/13/01 01/25/02 86 94 137
81-0 vote
49 Martone, Frederick J. AZ 09/10/01 11/07/01 11/29/01 12/13/01 58 80 94
97-0 vote
50 Robinson, Julie A. KS 09/10/01 11/07/01 11/29/01 12/11/01 58 80 92
CRS - 81
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
51 Crane, Randy S.TX 09/21/01 02/26/02 03/03/02 03/18/02 158 163 178
91-0 vote
52 Land, Clay D. M.GA 09/21/01 11/07/01 11/29/01 12/13/01 47 69 83
53 Martinez, Philip R. W.TX 10/09/01 12/05/01 12/13/01 02/05/02 57 65 119
93-0 vote
54 Royal, C. Ashley M.GA 10/09/01 12/05/01 12/13/01 12/20/01 57 65 72
55 Zainey, Jay C. E. LA 10/10/01 01/24/02 02/07/02 02/11/02 106 120 124
92-0 vote
56 Beistline, Ralph R. AK 11/08/01 02/26/02 03/07/02 03/12/02 110 119 124
98-0 vote
57 Africk, Lance M. E.LA 01/23/02 03/29/02 04/11/02 04/17/02 65 78 84
97-0 vote
58 Anderson, Percy C.CA 01/23/02 04/11/02 04/18/02 04/25/02 78 85 92
99-0 vote
59 Baylson, Michael M. E.PA 01/23/02 04/11/02 04/18/02 04/30/02 78 85 97
98-0 vote
60 Chesler, Stanley R. NJ 01/23/02 09/26/02 10/08/02 11/14/02 246 258 295
61 Clark, Ronald H. E.TX 01/23/02 08/01/02 09/19/02 10/02/02 190 239 252
62 Conti, Joy F. W.PA 01/23/02 05/09/02 05/16/02 07/29/02 106 113 187
96-0 vote
63 Davis, Legrome D. E.PA 01/23/02 03/19/02 04/11/02 04/18/02 55 78 85
94-0 vote
64 Davis, Leonard E. E.TX 01/23/02 04/25/02 05/02/02 05/09/02 92 99 106
97-0 vote
CRS - 82
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
65 Godbey, David C. N.TX 01/23/02 04/25/02 06/13/02 08/01/02 92 141 190
66 Griesbach, William C. E.WI 01/23/02 04/11/02 04/18/02 04/25/02 78 85 92
97-0 vote
67 Hanen, Andrew S. S.TX 01/23/02 04/25/02 05/02/02 05/09/02 92 99 106
97-0 vote
68 Hudson, Henry E. E.VA 01/23/02 05/23/02 06/13/02 08/01/02 120 141 190
69 Lancaster, Joan E. MN 01/23/02 04/11/02 04/18/02 04/25/02 78 85 92
99-0 vote
70 Leighton, Ronald B. W.WA 01/23/02 10/07/02 10/08/02 11/14/02 257 258 295
71 Marra, Kenneth A. S.FL 01/23/02 06/13/02 06/20/02 09/09/02 141 148 229
82-0 vote
72 Martinez, Jose E. S.FL 01/23/02 07/23/02 07/31/02 09/13/02 181 189 233
73 Martini, William J. NJ 01/23/02 09/18/02 10/08/02 11/14/02 238 258 295
74 Mays, Samuel H., Jr. W.TN 01/23/02 04/25/02 05/02/02 05/09/02 92 99 106
97-0 vote
75 McVerry, Terrence F. W.PA 01/23/02 06/27/02 07/31/02 09/03/02 155 189 223
88-0 vote
76 Rohlfing, Frederick W., III HI 01/23/02 -- -- Returned -- -- 301
11/20/02
77 Rose, Thomas M. S.OH 01/23/02 04/25/02 05/02/02 05/09/02 92 99 106
95-0 vote
78 Rufe, Cynthia M. E.PA 01/23/02 04/11/02 04/18/02 04/30/02 78 85 97
98-0 vote
CRS - 83
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
79 Schwab, Arthur J. W.PA 01/23/02 06/27/02 07/31/02 09/13/02 155 189 233
92-0 vote
80 Walter, John F. C.CA 01/23/02 04/11/02 04/18/02 04/25/02 78 85 92
99-0 vote
81 Conner, Christopher C. M.PA 02/28/02 05/09/02 05/16/02 07/26/02 70 77 148
82 Jones, John E., III M.PA 02/28/02 05/09/02 05/16/02 07/29/02 70 77 151
96-0 vote
83 Autrey, Henry E. E.MO 03/21/02 05/24/02 06/13/02 08/01/02 64 84 133
98-0 vote
84 Cercone, David S. W.PA 03/21/02 06/13/02 06/20/02 08/01/02 84 91 133
85 Dorr, Richard E. W.MO 03/21/02 05/24/02 06/13/02 08/01/02 64 84 133
86 England, Morrison C., Jr. E.CA 03/21/02 06/13/02 06/20/02 08/01/02 84 91 133
87 Savage, Timothy J. E.PA 03/21/02 05/24/02 06/13/02 08/01/02 64 84 133
88 St. Eve, Amy J. N.IL 03/21/02 05/24/02 06/13/02 08/01/02 64 84 133
89 Gardner, James K. E.PA 04/22/02 08/01/02 09/05/02 10/02/02 101 136 163
90 Corrigan, Timothy J. M.FL 05/22/02 07/23/02 07/31/02 09/12/02 62 70 113
88-0 vote
91 Dever, James C., III E.NC 05/22/02 -- -- Returned -- -- 182
11/20/02
92 Hovland, Daniel L. ND 06/26/02 09/26/02 10/08/02 11/14/02 92 104 141
93 Phillips, Thomas W. E.TN 06/26/02 09/18/02 10/08/02 11/14/02 84 104 141
94 Reade, Linda R. N.IA 06/26/02 09/26/02 10/08/02 11/14/02 92 104 141
CRS - 84
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
95 Ludlum, Alia M. W.TX 07/11/02 09/18/02 10/08/02 11/14/02 69 89 126
96 Junell, Robert A. W.TX 07/18/02 -- -- Returned -- -- 125
11/20/02
97 Kinkeade, James E. N.TX 07/18/02 09/26/02 10/08/02 11/14/02 70 82 119
98 Klausner, Robert G. C.CA 07/18/02 10/07/02 10/08/02 11/14/02 81 82 119
99 Otero, S. James C.CA 07/18/02 -- -- Returned -- -- 125
11/20/02
100 Smith, William E. RI 07/18/02 10/07/02 10/08/02 11/14/02 81 82 119
101 Feuerstein, Sandra J. E.NY 07/25/02 -- -- Returned -- -- 118
11/20/02
102 Jordan, Kent A. DE 07/25/02 09/18/02 10/08/02 11/14/02 55 75 112
103 White, Jeffrey S. N.CA 07/25/02 09/18/02 10/08/02 11/14/02 55 75 112
104 Collyer, Rosemary M. DC 08/01/02 10/07/02 10/08/02 11/14/02 67 68 105
105 Frost, Gregory L. S.OH 08/01/02 -- -- Returned -- -- 111
11/20/02
106 Fuller, Mark E. M.AL 08/01/02 10/07/02 10/08/02 11/14/02 67 68 105
107 Holwell, Richard J. S.NY 08/01/02 -- -- Returned -- -- 111
11/20/02
108 Kugler, Robert B. NJ 08/01/02 10/07/02 10/08/02 11/14/02 67 68 105
109 Linares, Jose L. NJ 08/01/02 10/07/02 10/08/02 11/14/02 67 68 105
110 Wolfson, Freda L. NJ 08/01/02 09/26/02 10/08/02 11/14/02 56 68 105
CRS - 85
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
111 Erickson, Ralph R. ND 09/12/02 -- -- Returned -- -- 69
11/20/02
112 Hicks, S. Maurice, Jr. W.LA 09/12/02 -- -- Returned -- -- 69
11/20/02
113 Ludington, Thomas L. E.MI 09/12/02 -- -- Returned -- -- 69
11/20/02
114 Quarles, William D., Jr. MD 09/12/02 -- -- Returned -- -- 69
11/20/02
115 Adams, John R. N.OH 10/10/02 -- -- Returned -- -- 41
11/20/02
116 Breen, J. Daniel W.TN 10/10/02 -- -- Returned -- -- 41
11/20/02
117 Carney, Cormac J. C.CA 10/10/02 -- -- Returned -- -- 41
11/20/02
118 Varlan, Thomas A. E.TN 10/10/02 -- -- Returned -- -- 41
11/20/02
Number of days elapsed from date received in Senate: Mean i 88.8j 102.3 127.1 51.4
Median k 78.0j 85.0 113.0 41.0
83 confirmed nominations
35 unconfirmed nominations
a. The "Committee action" date, unless a note indicates otherwise, is the date on which the Senate Judiciary Committee voted to report a nomination favorably to the Senate.
b. A date standing alone is the date of Senate confirmation. A vote tally underneath the date is the roll call vote by which the nomination was confirmed. The absence of a roll call
vote indicates that the nomination was confirmed by voice vote or by unanimous consent. Where final action was not a Senate vote to confirm, the type of final action is specified,
along with the date. "Returned" indicates that the Senate returned a nomination to the President (upon a Senate adjournment or recess of more than 30 days).
CRS - 86
c. This was the nominee's first of two nominations to the judgeship. After this first nomination was returned to President Bush on Aug. 3, 2001, the individual was renominated on
Sept. 4, 2001.
d. This was the nominee's second nomination to the judgeship. See earlier nomination in the 107th Congress.
e. On Aug. 22, 2001, during the August recess of the first session of the 107th Congress, the Senate Judiciary Committee held a hearing for Walton in expectation of his renomination
to the district court. An earlier nomination of Walton had been returned to the President at the beginning of the August recess.
f. The hearing, on Aug. 22, 2001, preceded the nomination date; therefore, no elapsed time between Senate receipt and hearing date has been calculated. See preceding note.
g. On Aug. 27, 2001, during the August recess of the first session of the 107th Congress, the Senate Judiciary Committee held a hearing for Wooten in expectation of his renomination
to the district court. An earlier nomination of Wooten was returned to the President at the beginning of the August recess.
h. The hearing, on Aug. 27, 2001, preceded the nomination date; therefore, no elapsed time between Senate receipt and hearing date has been calculated. See preceding note.
i. The "Mean," or average, is the sum of the number of elapsed days for all of the nominations in question divided by the number of those nominations.
j. Calculation of this time average excluded the times between hearing date and Senate receipt for the September 2001 nominations of Reggie B. Walton and Terry L. Wooten, since
their hearing dates preceded their nomination dates. (See preceding table notes "g" and "h" regarding the Walton and Wooten nominations.)
k. In each "Median" cell, the number represents (1) the elapsed time for the nomination in the middle of the distribution of all the nominations in question, with an equal number of
the nominations having longer elapsed times than that nomination and an equal number of nominations having shorter elapsed times; or (2) the arithmetic mean of the elapsed
times for the two nominations in the middle of the distribution if there is no one middle nomination.
CRS - 87
Appendix 7. President George W. Bush's Nominations to the U.S. District Courts
During the 108th Congress (January 7, 2003-December 8, 2004)
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
1 Adams, John R. c N.OH 01/07/03 01/29/03 02/06/03 02/10/03 22 30 34
91-0 vote
2 Breen, J. Daniel c W.TN 01/07/03 02/12/03 03/06/03 03/13/03 36 58 65
92-0 vote
3 Carney, Cormac J. c C.CA 01/07/03 03/12/03 03/20/03 04/07/03 64 72 90
80-0 vote
4 Dever, James C., III c E.NC 01/07/03 -- -- Returned -- -- 701
12/08/04 d
5 Erickson, Ralph R. c ND 01/07/03 02/05/03 02/27/03 03/12/03 29 51 64
c
6 Feuerstein, Sandra J. E.NY 01/07/03 07/22/03 07/31/03 09/17/03 196 205 253
93-0 vote
7 Frost, Gregory L. c S.OH 01/07/03 02/05/03 02/27/03 03/10/03 29 51 62
91-0 vote
8 Hicks, S. Maurice, Jr. c W.LA 01/07/03 04/30/03 05/08/03 05/19/03 113 121 132
86-0 vote
9 Holwell, Richard J. c S.NY 01/07/03 07/22/03 07/31/03 09/17/03 196 205 253
10 Junell, Robert A. c W.TX 01/07/03 01/29/03 02/06/03 02/10/03 22 30 34
91-0 vote
11 Ludington, Thomas L. c E.MI 01/07/03 -- -- Returned -- -- 701
12/08/04 d
12 Otero, S. James c C.CA 01/07/03 01/29/03 02/06/03 02/10/03 22 30 34
94-0 vote
CRS - 88
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
13 Quarles, William D., Jr. c MD 01/07/03 02/05/03 02/27/03 03/12/03 29 51 64
91-0 vote
14 Rohlfing, Frederick W., III c HI 01/07/03 -- -- Withdrawn -- -- 485
05/06/04
15 Steele, William H. S.AL 01/07/03 02/12/03 03/06/03 03/13/03 36 58 65
16 Varlan, Thomas A. c E.TN 01/07/03 02/12/03 03/06/03 03/13/03 36 58 65
97-0 vote
17 Altonaga, Cecilia M. S.FL 01/15/03 04/01/03 04/10/03 05/06/03 76 85 111
91-0 vote
18 Drell, Dee D. W.LA 01/15/03 03/27/03 04/03/03 04/09/03 71 78 84
99-0 vote
19 Minaldi, Patricia Head W.LA 01/15/03 04/01/03 05/01/03 05/06/03 76 106 111
20 Bennett, Richard D. MD 01/29/03 03/27/03 04/03/03 04/09/03 57 64 70
99-0 vote
21 Flanagan, Louise W. E.NC 01/29/03 06/25/03 07/10/03 07/17/03 147 162 169
22 Holmes, J. Leon E.AR 01/29/03 03/27/03 05/01/03e 07/06/04 57 92 524
51-46 vote
23 Selna, James V. C.CA 01/29/03 03/12/03 03/20/03 03/27/03 42 50 57
97-0 vote
24 Simon, Philip P. N.IN 01/29/03 03/12/03 03/20/03 03/27/03 42 50 57
25 Springmann, Theresa Lazar N.IN 01/29/03 03/12/03 03/20/03 03/31/03 42 50 61
93-0 vote
26 Castel, P. Kevin S.NY 03/05/03 07/22/03 07/31/03 09/17/03 139 148 196
CRS - 89
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
27 Der-Yeghiayan, Samuel N.IL 03/05/03 06/25/03 07/10/03 07/14/03 112 127 131
89-0 vote
28 Robinson, Stephen C. S.NY 03/05/03 07/22/03 07/31/03 09/17/03 139 148 196
29 Campbell, David G. AZ 03/13/03 04/30/03 06/12/03 07/08/03 48 91 117
92-0 vote
30 Coogler, L. Scott N.AL 03/27/03 05/07/03 05/15/03 05/22/03 41 49 56
31 Kravitz, Mark R. CT 03/27/03 05/22/03 06/05/03 06/11/03 56 70 76
97-0 vote
32 Woodcock, John A., Jr. ME 03/27/03 05/22/03 06/05/03 06/12/03 56 70 77
33 Greer, J. Ronnie E.TN 04/09/03 05/22/03 06/05/03 06/11/03 43 57 63
97-0 vote
34 Hardiman, Thomas M. W.PA 04/09/03 05/22/03 06/26/03 10/22/03 43 78 196
35 Brack, Robert C. NM 04/28/03 06/25/03 07/10/03 07/14/03 58 73 77
36 Browning, James O. NM 04/28/03 07/09/03 07/24/03 07/31/03 72 87 94
37 Conrad, Glen E. W.VA 04/28/03 07/30/03 09/04/03 09/22/03 93 129 147
89-0 vote
38 Conrad, Robert J., Jr. W.NC 04/28/03 -- -- Returned -- -- 590
12/08/04 d
39 Filip, Mark R. N.IL 04/28/03 10/28/03 11/06/03 02/04/04 183 192 282
96-0 vote
40 Gibson, Kim R. W.PA 04/28/03 07/30/03 09/04/03 09/23/03 93 129 148
94-0 vote
41 Irizarry, Dora L. E.NY 04/28/03 10/01/03 10/30/03 06/24/04 156 185 423
CRS - 90
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
42 McKnight, H. Brent W.NC 04/28/03 07/22/03 07/24/03 07/31/03 85 87 94
43 Ryan, Daniel P. E.MI 04/28/03 -- -- Returned -- -- 590
12/08/04 d
44 Sharpe, Gary L. N.NY 04/28/03 10/15/03 10/23/03 01/28/04 170 178 275
95-0 vote
45 Suko, Lonny R. E.WA 04/28/03 06/25/03 07/10/03 07/15/03 58 73 78
94-0 vote
46 Benitez, Roger T. S.CA 05/01/03 02/25/04 04/01/04 06/17/04 300 336 413
98-1 vote
47 Burns, Larry A. S.CA 05/01/03 07/30/03 09/04/03 09/24/03 90 126 146
91-0 vote
48 Cardone, Kathleen W.TX 05/01/03 07/09/03 07/17/03 07/28/03 69 77 88
49 Cohn, James I. S.FL 05/01/03 07/09/03 07/17/03 07/31/03 69 77 91
96-0 vote
50 Crone, Marcia A. E.TX 05/01/03 09/03/03 09/25/03 09/30/03 125 147 152
91-0 vote
51 Fischer, Dale S. C.CA 05/01/03 10/15/03 10/23/03 10/27/03 167 175 179
86-0 vote
52 Hayes, William Q. S.CA 05/01/03 09/03/03 09/25/03 10/02/03 125 147 154
98-0 vote
53 Houston, John A. S.CA 05/01/03 09/03/03 09/25/03 10/02/03 125 147 154
54 Montalvo, Frank W.TX 05/01/03 07/09/03 07/17/03 07/31/03 69 77 91
95-0 vote
CRS - 91
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
55 Proctor, R. David N.AL 05/01/03 07/22/03 07/31/03 09/17/03 82 91 139
98-0 vote
56 Rodriguez, Xavier W.TX 05/01/03 07/09/03 07/17/03 07/31/03 69 77 91
57 Sabraw, Dana Makoto S.CA 05/01/03 07/30/03 09/04/03 09/25/03 90 126 147
95-0 vote
58 Yeakel, Earl L., III W.TX 05/01/03 06/25/03 07/10/03 07/28/03 55 70 88
91-0 vote
59 Mosman, Michael W. OR 05/08/03 07/30/03 09/04/03 09/25/03 83 119 140
93-0 vote
60 Floyd, Henry F. SC 05/15/03 07/30/03 09/04/03 09/22/03 76 112 130
89-0 vote
61 White, Ronald A. E.OK 05/15/03 09/03/03 09/25/03 09/30/03 111 133 138
93-0 vote
62 Figa, Phillip S. CO 06/09/03 09/03/03 09/25/03 10/02/03 86 108 115
63 Jones, Robert Clive NV 06/09/03 09/03/03 09/25/03 10/02/03 86 108 115
64 Titus, Roger W. MD 06/18/03 09/17/03 10/02/03 11/05/03 91 106 140
97-0 vote
65 Rodgers, Margaret Catharine N.FL 07/14/03 09/17/03 10/02/03 10/20/03 65 80 98
82-0 vote
66 Saylor, F. Dennis, IV MA 07/30/03 11/12/03 03/04/04 06/01/04 105 218 307
89-0 vote
67 Townes, Sandra L. E.NY 08/01/03 11/12/03 03/04/04 06/03/04 103 216 307
95-0 vote
CRS - 92
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
68 Karas, Kenneth M. S.NY 09/18/03 11/19/03 03/04/04 06/03/04 62 168 259
95-0 vote
69 Guirola, Louis, Jr. S.MS 09/23/03 11/19/03 03/04/04 03/12/04 57 163 171
92-0 vote
70 Herrera, Judith C. NM 09/23/03 11/12/03 03/04/04 06/03/04 50 163 254
93-0 vote
71 Hopkins, Virginia E. N.AL 10/14/03 11/19/03 03/04/04 06/15/04 36 142 245
98-0 vote
72 Martinez, Ricardo S. W.WA 10/14/03 01/22/04 03/04/04 06/15/04 100 142 245
98-0 vote
73 Wake, Neil V. AZ 10/22/03 01/22/04 03/04/04 03/12/04 92 134 142
74 Kelly, Walter D., Jr. E.VA 10/31/03 03/10/04 04/01/04 06/23/04 131 153 236
94-0 vote
75 Pratter, Gene E. K. E.PA 11/03/03 01/22/04 03/04/04 06/15/04 80 122 225
98-0 vote
76 Duffey, William S., Jr. N.GA 11/05/03 02/05/04 03/04/04 06/16/04 92 120 224
97-0 vote
77 Sheridan, Peter G. NJ 11/05/03 -- -- Returned -- -- 399
12/08/04 d
78 Stengel, Lawrence F. E.PA 11/06/03 02/05/04 03/11/04 06/16/04 91 126 223
97-0 vote
79 Boyle, Jane J. N.TX 11/24/03 03/10/04 04/01/04 06/17/04 107 129 206
99-0 vote
80 Cooke, Marcia G. S.FL 11/25/03 03/10/04 04/01/04 05/18/04 106 128 175
96-0 vote
CRS - 93
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
81 Gomez, Curtis V. VI 11/25/03 04/08/04 04/29/04 11/21/04 135 156 362
82 Sanchez, Juan R. E.PA 11/25/03 02/11/04 03/11/04 06/23/04 78 107 211
98-0 vote
83 Robart, James L. W.WA 12/09/03 02/11/04 03/11/04 06/17/04 64 93 191
99-0 vote
84 Diamond, Paul S. E.PA 01/20/04 03/24/04 04/01/04 06/16/04 64 72 148
97-0 vote
85 Harwell, Robert B. SC 01/20/04 04/08/04 04/29/04 06/24/04 79 100 156
86 Schiavelli, George P. C.CA 01/20/04 04/08/04 04/29/04 06/24/04 79 100 156
87 Finch, Raymond L. VI 02/02/04 09/08/04 09/30/04 11/21/04 200 222 274
88 Watson, Michael H. S.OH 04/06/04 06/04/04 07/08/04 09/07/04 59 93 154
89 Covington, Virginia M. H. M.FL 04/20/04 06/16/04 07/20/04 09/07/04 57 91 140
91-0 vote
90 Schneider, Michael H., Sr. E.TX 05/17/04 07/07/04 07/20/04 09/07/04 51 64 113
92-1 vote
91 Alvarez, Micaela S.TX 06/16/04 09/08/04 09/30/04 11/21/04 84 106 158
92 Starrett, Keith S.MS 07/06/04 09/08/04 09/30/04 11/21/04 64 86 138
93 Boyko, Christopher A. N.OH 07/22/04 09/22/04 10/04/04 11/21/04 62 74 122
94 Crotty, Paul A. S.NY 09/07/04 11/16/04 -- Returned 70 -- 92
12/08/04d,
95 Cox, Sean F. E.MI 09/10/04 -- -- Returned -- -- 89
12/08/04d
CRS - 94
Date Days from Nomination Date To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
96 Seabright, J. Michael HI 09/15/04 11/16/04 -- Returned 62 -- 84
12/08/04d
Meanf 84.7 111.0 155.6 414.6
Number of days elapsed from date received in Senate:
Mediang 76.0 106.0 140.0 485.0
87 confirmed nominations
9 unconfirmed nominations
a. The "Committee action" date, unless a note indicates otherwise, is the date on which the Senate Judiciary Committee voted to report a nomination favorably to the Senate.
b. A date standing alone is the date of Senate confirmation. A vote tally underneath the date is the roll call vote by which the nomination was confirmed. The absence of a roll call
vote indicates that the nomination was confirmed by voice vote or by unanimous consent. Where final action was not a Senate vote to confirm, the type of final action is specified,
along with the date. "Returned" indicates that the Senate returned a nomination to the President (upon a Senate adjournment or recess of more than 30 days).
c. Resubmission; see earlier nomination in 107th Congress.
d. Nominee was renominated in the 109th Congress, on 02/14/2005.
e. On a committee vote of 10-9, the nomination was reported without recommendation.
f. The "Mean," or average, is the sum of the number of elapsed days for all of the nominations in question divided by the number of those nominations.
g. In each "Median" cell, the number represents (1) the elapsed time for the nomination in the middle of the distribution of all the nominations in question, with an equal number of
the nominations having longer elapsed times than that nomination and an equal number of nominations having shorter elapsed times; or (2) the arithmetic mean of the elapsed
times for the two nominations in the middle of the distribution if there is no one middle nomination.
CRS - 95
Appendix 8. President George W. Bush's Nominations to the U.S. District Courts During the
109th Congress (January 4, 2005-December 9, 2006)
Date Days from Nomination To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
1 Conrad, Robert J., Jr. c W.NC 02/14/05 03/03/05 04/14/05 04/28/05 17 59 73
2 Cox, Sean F. c E.MI 02/14/05 05/02/06 05/11/06 06/08/06 442 451 479
d
3 Crotty, Paul A. c S.NY 02/14/05 03/17/05 04/11/05 -- 31 56
95-0 vote
4 Dever, James C., III c E.NC 02/14/05 03/03/05 04/14/05 04/28/05 17 59 73
5 Ludington, Thomas L. c E.MI 02/14/05 05/02/06 05/11/06 06/08/06 442 451 479
6 Ryan, Daniel P. c E.MI 02/14/05 -- -- Withdrawn -- -- 409
03/30/06
d
7 Seabright, J. Michael c HI 02/14/05 03/17/05 04/27/05 -- 31 72
98-0 vote
8 Sheridan, Peter G. c NJ 02/14/05 04/25/06 05/04/06 06/08/06 435 444 479
98-0 vote
9 Sandoval, Brian E. NV 03/01/05 09/29/05 10/20/05 10/24/05 212 233 237
89-0 vote
10 Smoak, John Richard N.FL 06/08/05 09/29/05 10/20/05 10/27/05 113 134 141
97-0 vote
11 Bianco, Joseph Frank E.NY 07/28/05 11/01/05 11/17/05 12/21/05 96 112 146
12 Burgess, Timothy M. AK 07/28/05 11/01/05 11/17/05 12/21/05 96 112 146
13 Mattice, Harry Sandlin, Jr. E.TN 07/28/05 09/29/05 10/20/05 10/24/05 63 84 88
91-0 vote
CRS - 96
Date Days from Nomination To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
14 Van Tatenhove, Gregory F. E.KY 09/13/05 11/01/05 11/17/05 12/21/05 49 65 99
15 Batten, Timothy C., Sr. N.GA 09/28/05 02/07/06 02/16/06 03/06/06 132 141 159
88-0 vote
16 DuBose, Kristi K. S.AL 09/28/05 11/15/05 11/17/05 12/21/05 48 50 84
17 Johnston, Thomas E. S.WV 09/28/05 02/07/06 02/16/06 03/06/06 132 141 159
89-0 vote
18 Kendall, Virginia Mary N.IL 09/28/05 11/15/05 11/17/05 12/21/05 48 50 84
19 Watkins, W. Keith M.AL 09/28/05 11/15/05 11/17/05 12/21/05 48 50 84
20 Vitaliano, Eric N. E.NY 10/06/05 11/01/05 11/17/05 12/21/05 26 42 76
21 Delgado-Colon, Aida M. PR 10/25/05 02/07/06 02/16/06 03/06/06 105 114 132
22 Schiltz, Patrick J. MN 12/14/05 03/01/06 03/30/06 04/26/06 77 106 133
23 Zouhary, Jack N.OH 12/14/05 02/15/06 03/02/06 03/16/06 63 78 92
96-0 vote
24 Larson, Stephen G. C.CA 12/15/05 02/15/06 03/02/06 03/16/06 62 77 91
25 Barrett, Michael R. S.OH 12/16/05 03/29/06 4/27/06 05/01/06 103 132 136
90-0 vote
26 Bryant, Vanessa L. e CT 01/25/06 09/26/06 -- Returned 244 -- 318
12/09/06
27 Bumb, Renee M. NJ 01/25/06 04/25/06 05/04/06 06/06/06 90 99 132
89-0 vote
28 Cogan, Brian M. E.NY 01/25/06 03/29/06 04/27/06 05/04/06 63 92 99
95-0 vote
CRS - 97
Date Days from Nomination To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
29 Golden, Thomas M. E.PA 01/25/06 03/29/06 04/27/06 05/04/06 63 92 99
96-0 vote
30 Guilford, Andrew J. C.CA 01/25/06 05/24/06 06/09/06 06/22/06 119 135 148
93-0 vote
31 Hillman, Noel L. NJ 01/25/06 04/25/06 05/04/06 06/08/06 90 99 134
98-0 vote
32 Miller, Gray H. S.TX 01/25/06 03/14/06 03/30/06 04/25/06 48 64 90
93-0 vote
33 Wigenton, Susan D. NJ 01/25/06 04/25/06 05/04/06 05/26/06 90 99 121
34 Holmes, Jerome A. N.OK 02/14/06 -- -- Withdrawn -- -- 79
05/04/06
35 Whitney, Frank D. W.NC 02/14/06 05/24/06 06/15/06 06/22/06 99 121 128
36 Gelpi, Gustavo A. PR 04/24/06 06/15/06 07/13/06 07/20/06 52 80 87
37 Gutierrez, Philip S. e C.CA 04/24/06 08/01/06 09/21/06 Returned 99 150 229
12/09/06
38 Jordan, Daniel P., III S.MS 04/24/06 06/15/06 07/13/06 07/20/06 52 80 87
39 Tydingco-Gatewood, Frances M. GU 04/25/06 07/11/06 08/03/06 08/03/06 77 100 100
40 Baker, Valerie L. e C.CA 05/04/06 08/01/06 09/21/06 Returned 89 140 219
12/09/06
41 Besosa, Francisco A. PR 05/16/06 08/01/06 09/21/06 09/25/06 77 128 132
87-0 vote
42 Howard, Marcia M. e M.FL 06/06/06 09/06/06 09/29/06 Returned 92 115 186
12/09/06
CRS - 98
Date Days from Nomination To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
43 Southwick, Leslie S.MS 06/06/06 09/19/06 09/29/06 Returned 105 115 186
12/09/06
44 Frizzell, Gregory K. e N.OK 06/07/06 09/12/06 09/29/06 Returned 97 114 185
12/09/06
45 Wood, Lisa G. e S.GA 06/12/06 09/12/06 09/29/06 Returned 92 109 180
12/09/06
46 Bailey, John P. e N.WV 06/28/06 -- -- Returned -- -- 164
12/09/06
47 Donohue, Mary O. e N.NY 06/28/06 -- -- Returned -- -- 164
12/09/06
48 Jarvey, John A. e S.IA 06/28/06 09/06/06 09/26/06 Returned 70 90 164
12/09/06
49 Jonker, Robert J. W.MI 06/28/06 09/19/06 09/29/06 Returned 83 93 164
12/09/06
50 Maloney, Paul L. W.MI 06/28/06 09/19/06 09/29/06 Returned 83 93 164
12/09/06
51 Neff, Janet T. W.MI 06/28/06 09/19/06 09/29/06 Returned 83 93 164
12/09/06
52 Fischer, Nora B. e W.PA 07/13/06 09/12/06 09/29/06 Returned 61 78 149
12/09/06
53 Lioi, Sara E. e N.OH 07/13/06 09/06/06 09/26/06 Returned 55 75 149
12/09/06
54 Mauskopf, Roslynn R. e E.NY 08/02/06 -- -- Returned -- -- 129
12/09/06
CRS - 99
Date Days from Nomination To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
55 O'Grady, Liam e E.VA 08/02/06 -- -- Returned -- -- 129
12/09/06
56 O'Neill, Lawrence J. e E.CA 08/02/06 09/12/06 09/21/06 Returned 41 50 129
12/09/06
57 Ozerden, Halil S. e S.MS 09/05/06 -- -- Returned -- -- 95
12/09/06
58 Wright, Otis D., II e C.CA 09/05/06 -- -- Returned -- -- 95
12/09/06
59 Wu, George H. e C.CA 09/05/06 -- -- Returned -- -- 95
12/09/06
60 Osteen, William L., Jr. e M.NC 09/29/06 -- -- Returned -- -- 71
12/09/06
61 Reidinger, Martin K. e W.NC 09/29/06 -- -- Returned -- -- 71
12/09/06
62 Schroeder, Thomas D. e M.NC 09/29/06 -- -- Returned -- -- 71
12/09/06
63 Rogan, James E. e C.CA 11/15/06 -- -- Returned -- -- 24
12/09/06
64 Settle, Benjamin H. e W.WA 11/15/06 -- -- Returned -- -- 24
12/09/06
65 Kapala, Frederick J. e N.IL 12/05/06 -- -- Returned -- -- 4
12/09/06
66 Farr, Thomas A. e E.NC 12/07/06 -- -- Returned -- -- 2
12/09/06
CRS - 100
Date Days from Nomination To:
No. Name of Nominee District Received Committee Final Committee
Hearing Hearing Final Action
by Senate Action a Action B Action
Mean f 105.0 117.4 143.2 140.4
Number of days elapsed from date received in Senate:
Median g 83.0 99.0 110.5 149.0
36 confirmed nominations
30 unconfirmed nominations
a. The "Committee action" date, unless a note indicates otherwise, is the date on which the Senate Judiciary Committee voted to report a nomination favorably to the Senate.
b. A date standing alone is the date of Senate confirmation. A vote tally underneath the date is the roll call vote by which the nomination was confirmed. The absence of a roll call
vote indicates that the nomination was confirmed by voice vote or by unanimous consent. Where final action was not a Senate vote to confirm, the type of final action is specified,
along with the date. "Returned" indicates that the Senate returned a nomination to the President (upon a Senate adjournment or recess of more than 30 days).
c. Resubmission; see earlier nomination in 108th Congress.
d. Hearing held on earlier nomination in 108th Congress.
e. Resubmitted in the 110th Congress on Jan. 9, 2007. As of Jan. 19, 2007, 24 nominees had been resubmitted in the 110th Congress.
f. The "Mean," or average, is the sum of the number of elapsed days for all of the nominations in question divided by the number of those nominations.
g. In each "Median" cell, the number represents (1) the elapsed time for the nomination in the middle of the distribution of all the nominations in question, with an equal number of
the nominations having longer elapsed times than that nomination and an equal number of nominations having shorter elapsed times; or (2) the arithmetic mean of the elapsed
times for the two nominations in the middle of the distribution if there is no one middle nomination.
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