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Order Code RL33839
Returns and Resubmissions of Nominees
to the U.S. Courts of Appeals and
District Courts, 1977-2006
January 26, 2007
Kevin M. Scott
Analyst in American National Government
Government and Finance Division
Returns and Resubmissions of Nominees to the U.S.
Courts of Appeals and District Courts, 1977-2006
Summary
This report provides basic data on all nominees to the courts of appeals and
district courts whose nominations have been resubmitted from 1977 through 2006.
During this period, the Senate returned to the President 243 nominations to the
district courts and 145 nominations to the courts of appeals. The 107th Congress had
the most returns (71) since 1977, followed by the 102nd Congress (55 returns) and the
109th Congress (50 returns). Between 1977 and 2006, 16.9% of district court
nominations were returned; 31.5% of courts of appeals nominations were returned
to the President in the same time frame.
The President resubmitted the nominations of 197 individuals to the Senate
between 1977 and 2006. Thirty-two of those 197 individuals were renominated by
a President different from the President who originally nominated them. Eleven of
those 32 individuals (10 to district courts, one to the courts of appeals) were
nominated by a President whose party was different from the original nominating
President's.
Of 288 individuals nominated to the courts of appeals only one time between
1977 and 2006, 249 (86.5%) were confirmed; 48 of the 70 (68.6%) courts of appeals
nominees nominated more than once were confirmed. Of 1,174 individuals
nominated to the district courts only once between 1977 and 2006, 1,059 (90.2%)
were confirmed; 112 of 127 (88.2%) of district court nominees who were nominated
more than once were confirmed.
The data used throughout the report come from the Congressional Research
Service Judicial Nominations Database, built using data from the Journal of the
Executive Proceedings of the Senate and supplemented by the Legislative
Information Service (LIS) database. The resubmission tables may be used to
complement CRS Report RL31868, U.S. Circuit and District Court Nominations by
President George W. Bush During the 107th - 109th Congresses, by Denis Steven
Rutkus, Kevin M. Scott, and Maureen Bearden; and CRS Report RL31635, Judicial
Nomination Statistics: U.S. District and Circuit Courts, 1977-2003, by Denis Steven
Rutkus and Mitchel A. Sollenberger.
Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Resubmissions and Confirmation of Judicial Nominees . . . . . . . . . . . . . . . . 2
Returned Nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Patterns in Returned Nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Possible Explanations for Returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Patterns in Renominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Beyond the Second Nomination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Senate Judiciary Committee Practice with Resubmitted Nominations . . . . 13
Renominated Courts of Appeals Nominees . . . . . . . . . . . . . . . . . . . . . 13
Resubmitted District Court Nominations . . . . . . . . . . . . . . . . . . . . . . 15
Resubmissions and Confirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Concluding Observations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
List of Figures
Figure 1. Returns of Judicial Nominations,
95th - 109th Congresses (1977-2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Figure 2. Renominations to U.S. District Courts and
U.S. Courts of Appeals by Congress, 1977-2006 . . . . . . . . . . . . . . . . . . . . 12
List of Tables
Table 1. Number of Returned U.S. District Court and U.S. Courts of Appeals
Nominations, by Congress, 95th - 109th Congresses (1977-2006) . . . . . . . . . 4
Table 2. Number of Returned U.S. District Court and U.S. Courts of Appeals
Nominations, by Period in Which Nominations Were Submitted,
95th - 109th Congresses (1977-2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Table 3. Percentage of Nominations to U.S. District Courts and U.S. Courts
of Appeals Made in the Last Six Months of a Congress and Percentage
of Those Nominations Returned, by President, 1977-2006 . . . . . . . . . . . . . . 9
Table 4. Number of U.S. District Court and U.S. Courts of Appeals
Renominations, by President and Congress, 95th - 109th Congresses
(1977-2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Table 5. Nomination Frequency for U.S. District Court and
U.S. Courts of Appeals Nominees, 1977-2006 . . . . . . . . . . . . . . . . . . . . . . 13
Table 6. Renominated Nominees to the U.S. Courts of Appeals, 1977-2006:
Number Receiving Hearings on the First or Second Nominations . . . . . . . 14
Table 7. Renominated Nominees to the U.S. District Courts, 1977 - 2006:
Number Receiving Hearings on the First or Second Nominations . . . . . . . 16
Table 8. U.S. District Court and U.S. Courts of Appeals Nominees:
Renominations and Confirmation Rate, by Renomination,
95th - 109th Congresses (1977-2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Appendix 1. U.S. Courts of Appeals Nominees with Resubmitted
Nominations, 95th Congress - 109th Congress (1977-2006) . . . . . . . . . . . . . 20
Appendix 2. U.S. District Courts Nominees with Resubmitted
Nominations, 95th Congress - 109th Congress (1977-2006) . . . . . . . . . . . . . 32
Returns and Resubmissions of Nominees to
the U.S. Courts of Appeals and District
Courts, 1977-2006
Introduction
Over the past 30 years, the average time between presidential nomination and
confirmation for persons nominated by the President to lower court judgeships (i.e.,
the U.S. courts of appeals and district courts) has increased steadily. Scholars and
other observers have argued that several factors have contributed to this change.1
One component of the increase in time to confirmation has been an increase in the
number of Senate returns of judicial nominations to the President. All nominations,
including judicial nominations, considered by the Senate can be returned to the
President in two cases: after the adjournment sine die of a Congress or during a
recess of 30 or more days if the Senate has not agreed by unanimous consent to carry
nominations through the recess. The President usually renominates the person whose
nomination was returned.
This report provides an overview of renominations that occur in the context of
the process of appointing judges to what may amount to life tenure positions on the
U.S. courts of appeals and district courts. The report then provides data on the
number of returned and resubmitted nominations between 1977 and 2006, covering
the terms of Presidents Carter, Reagan, George H.W. Bush, Clinton, and the first
three Congresses of President George W. Bush. This report first reviews the
nomination process, assessing how renominations fit into that process. The report
then summarizes trends in renominations between 1977 and 2006, with particular
attention to the Senate Judiciary Committee's practice of holding or not holding
hearings for renominated individuals. Finally, the report analyzes the confirmation
rates of renominated individuals compared with those who are nominated only one
time. Throughout this report, attention will be called to the unique experience of the
107th Congress, where majority control of the Senate shifted during the first session.
One of the consequences of that shift was the return of all of President Bush's
pending judicial nominees at the beginning of an intrasession recess in August 2001.
One of the central considerations in this report is the difference between nominees
and nominations; each nominee to a judgeship may receive several nominations
1
These factors include increased incidence of divided partisan control of the Senate and the
presidency, increased disagreement among Senators over nominees, and rising attention to
judicial nominations by interest groups. See, e.g., Nancy Scherer, Scoring Points:
Politicians, Activists, and the Lower Federal Court Appointment Process (Palo Alto, CA:
Stanford University Press, 2005); and Sarah A. Binder and Forest Maltzman, "Senatorial
Delay in Confirming Federal Court Judges, 1947-1998," American Journal of Political
Science, vol. 46, no. 1 (January 2002).
CRS-2
before being confirmed or rejected by the Senate, or having his or her name
withdrawn by the President or returned to the President without renomination.
Resubmissions and Confirmation of Judicial Nominees
The constitutional provisions governing appointment and confirmation of
federal judges are straightforward. According to Article II, Section 2 of the U.S.
Constitution, the President shall "nominate, and by and with the Advice and Consent
of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, 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." When the Senate has consented to a nomination, it has done so in the form
of a vote on the President's nominee.2 This procedure applies to Article III judges
as well as Article I judges.3
Senate consideration of a nominee is driven by Senate rules. One such rule,
Rule XXXI, provides, in part, that nominations pending before the Senate shall be
returned to the President if the Senate adjourns or takes a recess of more than 30
days. The rule may be set aside if the Senate agrees to do so by unanimous consent,
but failure to waive the rule (usually by a Senator objecting to a proposed unanimous
consent agreement) returns pending nominations to the President when the Senate
takes a recess.4 The Senate's August recess tends to last longer than 30 days,5 and
the recess between sessions of a Congress may also last more than 30 days. In
addition to returns that may occur during a recess of the Senate, nominations are
returned to the President if a nominee has not been confirmed or rejected by the
2
In the First Congress, there was some dispute as to how the Senate was to carry out its
constitutional function. The Senate agreed at that time to do so by voice vote. See Joseph
Harris, The Advice and Consent of the Senate: A Study of Confirmation of Appointments by
the United States Senate (New York: Greenwood Press, 1988), pp. 37-39.
3
Article III, Section 1 of the U.S. Constitution established the Supreme Court and "such
inferior Courts as the Congress may from time to time ordain and establish." Appointees
to these courts hold their offices during "good Behaviour," and their compensation may not
be diminished while they hold their office. Judges on Article I courts, also called legislative
courts, are appointed by the President, are confirmed by the Senate, and serve for a fixed
term. The territorial and commonwealth courts, as well as the Court of Appeals for the
Armed Forces, the U.S. Tax Court, the Court of Appeals for Veterans Claims, and the Court
of Federal Claims are all Article I courts. In this report, judges nominated to the territorial
and commonwealth courts are included in statistical calculations; those nominated to the
other Article I courts are not included in statistical calculations.
4
Senators have usually exempted from unanimous consent one or more pending
nominations, and have only rarely insisted on the return of all pending nominations. See
CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and
Floor Procedure, by Elizabeth Rybicki.
5
The Senate's August recess has lasted at least 30 days every year since 1996. Between
1977 and 1995, nine August recesses lasted fewer than 30 days. In no Congress since 1977
has the Senate gone without at least one 30-day recess, either during a session or between
sessions. Dates of Senate sessions are available at
[http://senate.gov/reference/resources/pdf/congresses2.pdf].
CRS-3
Senate or withdrawn by the President by the end of a Congress. Presidents may
resubmit nominations on which the Senate did not take action in a previous
Congress.6
Resubmissions are important to understanding how long judicial nominees wait
for Senate confirmation. One might consider the example of Priscilla R. Owen,
nominated to the Fifth Circuit Court of Appeals by President George W. Bush. Judge
Owen was confirmed by the Senate on May 25, 2005, on a nomination submitted to
the Senate on February 14, 2005, a period of 100 days from nomination to
confirmation. As Appendix 1 indicates, however, Judge Owen was first nominated
to the Fifth Circuit on May 1, 2001, and her confirmation, after she was nominated
a fourth time, did not come until 1,477 days after her original nomination. The three
earlier nominations of Judge Owen were each returned by the Senate, during the
August recess in 2001 and at the end of both the 107th and 108th Congresses,
respectively.
Resubmissions are also relevant to a President's success rate on judicial
confirmations. To take a recent example, President Clinton made 105 nominations
to the circuit courts of appeals, 65 of which were confirmed. One might conclude,
then, that 62% of President Clinton's courts of appeals nominations were successful.
However, President Clinton nominated 90 individuals to the courts of appeals, of
whom 65 were confirmed, a confirmation success rate of 72%.7 In any
Administration, if one calculates the percentage of confirmations using the number
of nominations as the denominator, one will likely calculate a lower success rate than
if one uses the number of nominees as the denominator.
Returned Nominations
Patterns in Returned Nominations. Table 1 outlines how many
nominations were returned by Congress between 1977 and 2006. The columns in
the table indicate, for each Congress, the number of nominations that were returned
within a session (intrasession returns), between sessions (intersession returns), and
at the end of a Congress. One nominee can have nominations returned more than
once in a given Congress.
6
The President may also renominate individuals whose nominations were rejected or
withdrawn, though this was not done with a nomination to the U.S. district courts or courts
of appeals in the time frame covered by this report. In 1844, President Tyler renominated
John C. Spencer to the Supreme Court after his nomination had been rejected by the Senate.
The second Spencer nomination was withdrawn by President Tyler on the same day it was
made. See CRS Report RL33225, Supreme Court Nominations, 1789-2006: Actions by the
Senate, the Judiciary Committee, and the President, by Denis Steven Rutkus and Maureen
Bearden.
7
Roger L. Gregory, originally nominated to the Fourth Circuit Court of Appeals by
President Clinton, was confirmed once he was nominated by President George W. Bush. As
a result, he is considered one of President Clinton's 25 unsuccessful nominees. See
Appendix 1.
CRS-4
Table 1. Number of Returned U.S. District Court and U.S. Courts of Appeals Nominations, by
Congress, 95th - 109th Congresses (1977-2006)
Intrasessiona Intersessionb End of Congress Total
Congress Years District Appeals District Appeals District Appeals District Appeals
95th 1977-1978 0 0 3 0 1 0 4 0
96th 1979-1980 0 0 0 0 13 4 13 4
97th 1981-1982 0 0 0 0 1 1 1 1
98th 1983-1984 3 2 1 2 13 3 17 7
99th 1985-1986 0 0 8 1 3 0 11 1
100th 1987-1988 0 0 0 0 10 7 10 7
101st 1989-1990 2 0 0 0 2 1 4 1
102nd 1991-1992 1 1 0 0 43 10 44 11
103rd 1993-1994 0 0 0 0 11 3 11 3
104th 1995-1996 0 0 0 0 20 8 20 8
105th 1997-1998 0 0 0 0 12 9 12 9
106th 1999-2000 0 1 0 0 24 17 24 18
107th 2001-2002 20 20 0 0 16 15 36 35
108th 2003-2004 0 0 0 1 8 17c 8 18
109th 2005-2006 0 11d 0 1 28 10 28 22
Total 26 35 12 5 205 105 243 145
Source: CRS Judicial Nominations Database. Cell entries include district judges nominated to district courts in Guam, Northern Mariana Islands
and Virgin Islands. Sixteen nominations to these Article I courts are included, of which four were returned (one intrasession return during
the 101st Congress, one return at the end of each of the 96th, 100th, and 102nd Congresses). Fourteen nominations to seats on the Court of
International Trade are also included, two of which were returned: one at the end of the 105th Congress, the other at the end of the 107th
Congress.
a. Intrasession returns are those made during recesses within sessions of a Congress.
b. Intersession returns are those made during recesses between sessions of a Congress.
c. Charles W. Pickering, Sr., and William H. Pryor, Jr., are counted twice, because both had two nominations pending in the 108th Congress.
d. William J. Haynes II, Terrence W. Boyle, Michael B. Wallace, N. Randy Smith, and William G. Myers III, are counted twice each in this cell.
All five had nominations returned to the President on Aug. 3, 2006, and again on Sept. 29, 2006. All five were also returned to the President
at the end of the 109th Congress.
CRS-5
Several patterns emerge from Table 1. First, the overwhelming majority of
returns of nominations occur at the end of a Congress. Intrasession and intersession
returns are less common. If one excludes the 107th Congress for reasons discussed
below, 38 nominations have been returned during a Congress since 1977, compared
with 310 returned at the end of a Congress.
Second, the four Congresses during which the Senate returned the most
nominations were the 102nd (55 nominations returned), the 106th (42), the 107th
Congress (71), and the 109th Congress (50). Forty of the 71 returns in the 107th
Congress occurred during the August recess following a transfer in party control of
the Senate. The 102nd and 106th Congresses represent the final Congresses coinciding
with the presidencies of George H.W. Bush and William Clinton, respectively.
One might interpret these numbers as suggesting that the Senate, when
controlled by the opposite party of the President, may attempt to wait out a President
whose party the opposition hopes to see end its run in the White House. But the
evidence to support such a conclusion is mixed. The number of returns in the 104th
and 108th Congresses (the end of the first terms of President Clinton and President
George W. Bush, respectively) is not much greater than for Congresses that did not
lead up to a presidential election. Furthermore, more nominations were returned to
the President at the end of President Reagan's first term (the 98th Congress, 24
nominations) than at the end of his second term (the 100th Congress, 17 nominations).
Third, returns have disproportionately affected nominees to the courts of
appeals. Between 1977 and 2006, 1,437 nominations were made to district court
positions, of which 243 (16.9%) were returned. For the courts of appeals, 461
nominations were made, of which 145 (31.5%) were returned.8
Fourth, the number of returns has trended upward, particularly during the last
eight Congresses (102nd to 109th). President George W. Bush has the greatest number
of returned nominations per Congress, with 147 returns over three Congresses, an
average of 49 nominations per Congress. If one excludes the 40 intrasession returns
during the 107th Congress, the average is 35.7 returns per Congress, higher than the
average number of returns per Congress for President Clinton (26.3) and President
George H.W. Bush (30). All three of those averages are higher than the average
number of returns per Congress for President Reagan (13.8) and President Carter
(10.5).
Figure 1 plots the trends in number of returns per Congress, counting all types
of returns (intrasession, intersession, and end of Congress). As Figure 1 indicates,
in every Congress from the 103rd (1993-1994) through the 107th (2001-2002), the
number of courts of appeals nominations returned increased, with a drop-off in the
108th Congress. The number of returns of courts of appeals nominations in the 109th
Congress was the second-highest in the past 30 years. With the exception of the 105th
Congress, a similar pattern can be observed for district court nominations, though the
8
These numbers reflect nominations, not nominees, of which there were 358 for the courts
of appeals and 1,301 for district courts in the 95th - 109th Congresses.
CRS-6
number of district court nominations returned in the 109th Congress (28) was the
third-highest number since 1977.
Figure 1. Returns of Judicial Nominations, 95th - 109th
Congresses (1977-2006)
50
45
40
35
Number of Returns
30
25
20
15
10
5
0
95 96 97 98 99 100 101 102 103 104 105 106 107 108 109
Congress
District Court Returns Court of Appeals Returns
Possible Explanations for Returns. As suggested above, analysis of
Table 1 and Figure 1 makes clear that returns of nominations have generally
increased over time, and particular instances of high numbers of returns generally
coincided with periods of divided party control of the presidency and the Senate. But
divided party control of the Senate and presidency also existed during the 100th
through 102nd Congresses, and the 101st Congress (1989-1990) had the lowest
number of returns of any Congress since the 97th (1981-1982). Furthermore, in the
absence of divided party control in the 108th and 109th Congresses, nominees were
returned with some frequency.
Another explanation for the generally increasing frequency of returns may be
related to timing; in particular, the President may have made nominations too late in
a Congress for the Senate to have given full consideration to the nominee. If the
timing of a nomination contributed to the likelihood of a return, the nominations
made later in a Congress would have been more likely to be returned to the President
than those made earlier in a Congress. This possibility can be evaluated by breaking
each Congress down into five periods -- specifically, the first session (roughly
speaking, the first year) of any Congress, and then each of the quarters of the second
session of each Congress, to see if the number of nominations returned increased in
each period.9 Table 2 focuses on the first nomination of each individual to a
judgeship by the President, and excludes those nominations that resulted in
intrasession and intersession returns to provide a clearer picture of the relationship
9
To simplify Table 2, the first session of each Congress was not broken up into quarters.
CRS-7
between the time remaining in a Congress and the likelihood of return of a
nomination. Of the 1,437 district court and 461 courts of appeals nominations made
between 1977 and 2006, 1,269 district court nominations and 332 courts of appeals
nominations met these criteria. The nominations were assigned to one of the five
time periods on the basis of the date the nomination was received by the Senate.
Table 2 presents information on when a nomination was submitted to the Senate and
the percentage of nominations returned to the President.
As the data in Table 2 indicate, 5.0% of nominations made to the district courts
in the first session of a Congress were returned to the President, while 40.4% of
nominations made in the third quarter (July 1-September 30) of the second session
of a Congress and 74.1% of the nominations made in the fourth quarter (October 1-
December 31) were returned. This pattern suggests that one of the factors
influencing the number of district court nominations returned to the President was
the time in a Congress when the President made a nomination. This pattern is also
found in nominations to the courts of appeals, but the increase over time is somewhat
less pronounced; 16.0% of nominations made in the first session were returned at the
end of a Congress, while 30.6% of nominations made in the third quarter of the
second session and 80.0% of the nominations made in the fourth quarter of the
second session were returned.
The overall relationship between timing of a nomination and probability of a
return may help explain why some nominations are returned while others are not, but
does not aid in understanding why the number of returned nominations has increased
over the past 30 years. If, however, more recent Presidents have made more of their
nominations near the end of a Congress, then the Senate may be returning more
nominations simply because the President is nominating more individuals to
judgeships later in a Congress. Table 3 reports the percentage of nominees who
received their first nominations in the last six months of a Congress.
To a somewhat greater degree than 30 years ago, Presidents are nominating
individuals to the district courts late in a Congress, and the Senate is returning those
nominations with greater frequency. President George W. Bush (18.9% of first
nominations submitted in the last six months of a Congress) submitted a greater
percentage of nominations to district court judgeships than any other president in the
past 30 years, followed by Presidents Reagan and Clinton (both at 16.8%). As the
second column of Table 3 indicates, a greater percentage of President George W.
Bush's end-of-Congress nominations have been returned by the Senate than any other
President's in the last 30 years. The increased percentage of nominations made late
in a Congress and the increased percentage of those nominations returned during
President George W. Bush's tenure may explain the increase in returns, but may
themselves be explained by still other factors.
CRS-8
Table 2. Number of Returned U.S. District Court and U.S. Courts of Appeals Nominations,
by Period in Which Nominations Were Submitted, 95th - 109th Congresses (1977-2006)
District Courts Courts of Appeals
Time Period
Nomination
Submitted Total Nominations Total Nominations
Nominationsa Returned Return % Nominationsa Returned Return %
First Session 679 34 5.0% 194 31 16.0%
First Quarter, 176 24 13.6% 50 12 24.0%
Second Session
Second Quarter, 209 46 22.0% 47 17 36.2%
Second Session
Third Quarter, 178 72 40.4% 36 11 30.6%
Second Session
Fourth Quarter, 27 20 74.1% 5 4 80.0%
Second Session
Total 1,269 196 15.4% 332 75 22.6%
Source: CRS Judicial Nominations Database.
a. Values indicate the number of nominations submitted by the President in the time period indicated. Only the first nomination
of an individual to a judgeship is included. Any nominations that were first returned during an intrasession or intersession
recess are excluded from the data used for this table in order to illustrate the effect of time period of nomination on end-of-
Congress returns.
CRS-9
Table 3 also indicates that, on average, nominations to the courts of appeals
made in the last six months of a Congress were less likely to occur, but more likely
to be returned, under Presidents Clinton and George W. Bush than under their three
predecessors. The percentage of nominations made by Presidents to the courts of
appeals in the last six months of a Congress was 10.0% for three of the five
presidents between 1977 and 2006 (Presidents Carter, George H.W. Bush, and
Clinton). President George W. Bush has nominated one judge to the courts of
appeals for the first time in the last six months of a Congress, and that nomination
was returned by the Senate at the end of a Congress.10 The percentage of
nominations to the courts of appeals made in the last six months of a Congress that
were returned is substantially higher for Presidents Clinton and George W. Bush
(taken together) than for the collective record of Presidents Carter, Reagan, and
George H.W. Bush.
Table 3. Percentage of Nominations to U.S. District Courts and
U.S. Courts of Appeals Made in the Last Six Months of a
Congress and Percentage of Those Nominations Returned, by
President, 1977-2006
President District Courts Courts of Appeals
% of % of Those % of % of Those
Nominations Nominations Nominations Nominations
Made in the Returned Made in the Returned
Last Six Last Six
Months of a Months of a
Congressa Congressa
Carter 10.3% 41.7% 10.0% 50.0%
Reagan 16.8% 32.7% 20.2% 30.0%
George H.W. 13.1% 48.0% 10.0% 0.0%
Bush
Clinton 16.8% 37.7% 10.0% 55.6%
George W. 18.9% 69.8% 1.6% 100.0%
Bush
Total 15.5% 44.9% 11.2% 36.6%
Source: CRS Judicial Nominations Database.
a. Only the first nomination of an individual to a judgeship is included. Any nominations that were
first returned during an intrasession or intersession recess are excluded from the data used for this table
in order to illustrate the effect of time period of nomination on end-of-Congress returns.
10
The nomination was of Thomas M. Hardiman to the Third Circuit Court of Appeals, made
on Sept. 13, 2006, and returned on Dec. 9, 2006, at the end of the 109th Congress.
CRS-10
Patterns in Renominations
The President resubmitted the nominations of 197 individuals to the Senate
between 1977 and 2006: 70 to the courts of appeals and 127 to the district courts.
The 70 individuals were renominated to the courts of appeals a total of 103 times; the
127 individuals renominated to the district courts were renominated a total of 145
times.
Not all returned nominations are resubmitted to the Senate. In some cases, a
return at the end of a Congress may be of a nomination made by a President who is
leaving office, and the next President may choose not to renominate the person. This
particularly has been true when there have been changes in party control of the
presidency. One President since 1977, George W. Bush, has resubmitted a court of
appeals nomination originally made by a predecessor of the opposing party.11
Renominations of individuals originally nominated by a President of a different party
to district judgeships are also uncommon, but not quite as rare; such renominations
have occurred 10 times since 1977.12 Table 4 and Figure 2 track renominations of
district court and courts of appeals nominees by President and Congress.
The patterns observed in returned nominations appear to some degree in
renominations. Whereas returns were most common at the end of a President's term,
renominations were least common during the first Congress of a President, because
individuals whose nominations were returned in the last Congress of a predecessor
were unlikely candidates for renomination. This is particularly noticeable when
partisan control of the presidency changed with the elections of Presidents Carter,
Reagan and Clinton. Each of these Presidents had three renominations in his first
Congress.13
11
Roger L. Gregory, originally nominated to the Fourth Circuit Court of Appeals by
President Clinton, was confirmed once he was nominated by President George W. Bush.
See Appendix 1.
12
Two of the 10 nominees were first nominated by President Carter and renominated by
President Reagan: Israel Glasser (Eastern New York), and John Sprizzo (Southern New
York). One, Ralph Nimmons (Middle Florida), was nominated by President Carter and
renominated by President George H.W. Bush. Five were first nominated by President
George H.W. Bush and renominated by President Clinton: Richard Casey (Southern New
York), Raymond Finch (Virgin Islands), George O'Toole (Massachusetts), Joanna Seybert
(Eastern New York), and David Trager (Eastern New York). Two, David Cercone (Western
Pennsylvania) and Legrome Davis (Eastern Pennsylvania, were first nominated by President
Clinton and was renominated by President George W. Bush. All 10 were confirmed. See
Appendix 2 for additional details on these nominees.
13
President Clinton also renominated James Jones to the Western District of Virginia in the
104th Congress. Judge Jones was originally nominated by President Carter.
CRS-11
Table 4. Number of U.S. District Court and U.S. Courts of
Appeals Renominations, by President and Congress,
95th - 109th Congresses (1977-2006)
President Congress District Court Courts of Appeals Total
Renominations Renominations Renominations
95th 3 0 3
Carter th
96 1 1 2
97th 3 0 3
th
98 5 4 9
Reagan th
99 20 4 24
100th 2 0 2
st
George H.W. 101 7 3 10
Bush 102 nd
3 1 4
103rd 3 0 3
th
104 8 3 11
Clinton th
105 18 7 25
106th 8 6 14
th
107 31 32 63
George W.
108th 16 18 34
Bush
th
109 8 24 32
Total Renominations 136 103 239
Source: CRS Judicial Nominations Database. Cell entries include all renominations, including those
of persons first nominated in a previous Congress or earlier in the same Congress.
Two other patterns are consistent with respect to returns: appeals court
nominees are disproportionately represented in the renomination data, and there has
been a marked increase over time in the number of renominations. These two
patterns clearly flow from the increase in returned nominations, but some specific
data may prove illustrative. Of the 1,437 total nominations to district court positions
between 1977 and 2006, 136, or 9.4%, were renominations. Of the 461 total
nominations to the courts of appeals over that same time period, 103, or 22.3%, were
renominations. Of the 245 returned district judge nominations, 136 (55.5%) of the
nominations were resubmitted; of the 145 returned courts of appeals nominations,
103 (71.0%) of the nominations were resubmitted.14
14
On Jan. 9, 2007, President George W. Bush resubmitted the nominations of four of the 10
nominees to the courts of appeals whose nominations were returned at the end of the 109th
Congress, and 24 of the 28 district court nominations returned at the end of the 109th
Congress. This raises the count of resubmitted nominations to 140 of 245 (57.1%) for the
courts of appeals and 127 of 145 (87.5%) for the district courts, as of Jan. 9, 2007.
CRS-12
Finally, as noted above in the case of returns, the number of renominations has
also increased over time. Using the data from Table 4, one can calculate the average
number of renominations per Congress for each President. President Carter
resubmitted a judicial nomination an average of two times per Congress; President
Reagan resubmitted a judicial nomination an average of 9.5 times per Congress;
President George H.W. Bush did so seven times per Congress; and President Clinton
averaged 13.3 judicial renominations per Congress. If one does not count the 40
nominations returned by the Senate in August 2001 and resubmitted the next month,
President George W. Bush has averaged 29.7 renominations per Congress for his first
three Congresses.15 Figure 2 tracks this rise, by Congress, for district court and
courts of appeals nominations that were resubmitted. As Figure 2 indicates, a greater
number of renominations have certainly occurred over the last three Congresses, but
the 104th, 105th, and 106th Congresses all saw more renominations than most other
Congresses (the clear exception being the considerable number of renominations to
district court judgeships in the 99th Congress (1985-1986), which followed the return
of 17 nominations to district court judgeships in the 98th Congress (1983-1984)).
Figure 2. Renominations to U.S. District Courts and U.S.
Courts of Appeals by Congress, 1977-2006
35
30
Number of Renominations
25
20
15
10
5
0
95 96 97 98 99 100 101 102 103 104 105 106 107 108 109
Congress
District Court Renominations Court of Appeals Renominations
Beyond the Second Nomination. Several nominees to the district courts
and courts of appeals were renominated more than once between 1977 and 2006.
Table 5 reports the number of times each individual was nominated to a particular
position. As Table 5 indicates, courts of appeals nominees were more likely to have
multiple nominations than district court nominees; 127 of 1,301 (9.8%) district court
nominees were nominated more than once, while 70 of 358 (19.6%) courts of appeals
nominees were nominated more than once. Table 5 also indicates the unique nature
of the experience of Terrence W. Boyle, the only judicial nominee in the last 30 years
to be nominated seven times to the same judgeship; no other individual has been
15
If one does include the 40 individuals renominated in Sept. 2001, President George W.
Bush's average rises to 43 renominations per Congress, through the 109th Congress.
CRS-13
nominated more than four times.16 All five of the courts of appeals nominees
nominated to one judicial position four times were nominees of President George W.
Bush (William J. Haynes II, William G. Myers III, Priscilla R. Owen, Charles W.
Pickering, Sr., and John G. Roberts, Jr.). The number of nominations for Judges
Boyle and (now Chief Justice) Roberts included one nomination each by President
George H.W. Bush in the 102nd Congress.17
Table 5. Nomination Frequency for U.S. District Court and
U.S. Courts of Appeals Nominees, 1977-2006
Times District Court Courts of Appeals Total
Nominated Nominees Nominees
1 1,174 288 1,462
2 118 46 164
3 9 18 27
4 0 5 5
5 0 0 0
6 0 0 0
7 0 1 1
Total 1,301 358 1,659
(1,437 nominations) (461 nominations)
Source: CRS Judicial Nominations Database.
Senate Judiciary Committee Practice
with Resubmitted Nominations
Renominated Courts of Appeals Nominees. Judicial nominations may
be returned to the President at different points in the confirmation process: without
ever receiving a confirmation hearing by the Senate Judiciary Committee; after
receiving a hearing, but before receiving a recommendation from the Senate Judiciary
Committee; or after being reported by the Judiciary Committee but before receiving
a Senate confirmation vote.18
16
Media accounts at the opening of the 110th Congress reported that President George W.
Bush did not intend to resubmit Boyle 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].
17
This report does not include the nominations of John G. Roberts, Jr., to the U.S. Supreme
Court. These statistics account only for his nominations to the U.S. Court of Appeals for
the District of Columbia Circuit.
18
Nominations returned at this stage may include nominations that were debated by the
Senate but were not voted on due to a motion on the floor that prevented a final vote on a
nomination (e.g., to table the nomination, to recommit the nomination, or a failed cloture
(continued...)
CRS-14
Table 6 sheds light on how nominations are processed by the Senate Judiciary
Committee by looking at the first and second nominations of appeals court nominees
and determining if those nominees received hearings before the Senate Judiciary
Committee. Table 6 accounts for all 70 renominated courts of appeals nominees
during the 1977-2006 period, breaking down the numerical total according to
whether they received or did not receive hearings on their first or second
nominations.
Table 6. Renominated Nominees to the U.S. Courts of Appeals,
1977-2006: Number Receiving Hearings on the
First or Second Nominations
No Hearing on Hearing on First Total
First Nomination Nomination Nominees
No Hearing on Second
15a 13 28
Nomination
Hearing on Second
33b 9 42
Nomination
Total Nominees 48 22 70
Source: CRS Judicial Nominations Database.
a. Includes six nominations resubmitted by President Clinton at the beginning of the 107th Congress
in the last weeks of the Clinton presidency, but withdrawn by President Bush in Mar. 2001, and
two nominations returned during the Aug. 2001 recess, following change in party control of the
Senate.
b. Includes 14 nominations returned during the Aug. 2001 recess, following change in party control
of the Senate.
As Table 6 indicates, a majority of the 70 courts of appeals nominees whose
nominations were resubmitted during the 1977-2006 period received hearings by the
Senate, even if they did not receive those hearings on their first nominations. Fifty-
five of the 70 nominees (78.6%) received hearings on at least one of their first two
nominations; nine of the 70 (12.9%) received hearings on both the first and second
nominations.
The most common pattern is for nominees to receive no hearings on their first
nominations, but to receive hearings on their second nominations; 33 of the 70
nominees (47.1%) whose nominations were resubmitted followed this trend. Some
15 nominees did not receive hearings on either of their first two nominations; six of
these were individuals nominated first in the 106th Congress by President Clinton and
then renominated at the beginning of the 107th Congress, 17 days before President
18
(...continued)
motion on the nomination).
CRS-15
Clinton left office. The remaining nine nominees who did not receive hearings on
their first or second nominations received third nominations.
Hearings for Courts of Appeals Nominees with Three or More
Nominations. Twenty-four individuals were renominated more than once to the
courts of appeals during the 1977-2006 period (see Table 5). Fifteen of those 24 did
not receive hearings on their first or second nominations; six of those were
individuals nominated by President Clinton in the 106th Congress and renominated
at the beginning of the 107th Congress, 17 days before President Clinton left office.
Of the remaining nine nominees who did not receive hearings on their first or second
nominations, seven eventually did receive hearings: Terrence W. Boyle (Fourth
Circuit), Deborah L. Cook (Sixth Circuit), Carolyn B. Kuhl (Ninth), John G. Roberts,
Jr. (District of Columbia), Jeffrey S. Sutton (Sixth), Timothy M. Tymkovich (Tenth),
and Sherman E. Unger (Federal Circuit). Of these seven, Boyle, Kuhl, and Unger
were never confirmed to seats on the courts of appeals. In addition to the six Clinton
nominees renominated in the 107th Congress whose nominations were withdrawn by
President George W. Bush, the other two nominees who were nominated at least
twice and never received hearings were Barry P. Goode (Ninth Circuit) and Helene
N. White (Sixth Circuit), both of whom were nominated three times, in the 105th,
106th, and 107th Congresses, by President Clinton.19
Resubmitted District Court Nominations. Many of the same patterns
observed in Judiciary Committee practice with resubmitted courts of appeals
nominations can be seen in Judiciary Committee treatment of resubmitted district
court nominations. For district court nominees, third nominations are very rare (as
Table 5 indicates, nine individuals have been nominated to the same positions three
times since 1977; none has been nominated more than three times). Accordingly, an
analysis of Judiciary Committee treatment of the first two nominations covers nearly
all nominations to the district courts in the last 30 years. Table 7 reports Judiciary
Committee practice with resubmitted district court nominations. Specifically, Table
7 accounts for all 127 renominated district court nominees during the 1977-2006
period, breaking down the numerical total according to whether the nominees
received or did not receive hearings on their first or second nominations.
19
For details on these nominees, see Appendix 1.
CRS-16
Table 7. Renominated Nominees to the U.S. District Courts,
1977 - 2006: Number Receiving Hearings on the
First or Second Nominations
No Hearing on Hearing on First Total
First Nomination Nomination Nominees
No Hearing on Second
17 16 33
Nomination
Hearing on Second
83a 11 94
Nomination
Total Nominees 100 27 127
Source: CRS Judicial Nominations Database.
a. Includes 18 nominations returned during the Aug. 2001 recess, following change in party control
of the Senate.
As was the case for courts of appeals nominees, most district court nominees
received hearings by the Judiciary Committee, even if the hearings were not on the
first nominations. Only 17 of the nominees whose nominations were resubmitted did
not receive hearings on their first or second nominations.20 The most common
pattern is to not receive a hearing on the first nomination but to receive a hearing on
the second nomination; 83 of the 127 (65.4%) district court nominees whose
nominations were resubmitted followed this pattern.
District Court Nominees with Three Nominations. Only nine individuals
were nominated to seats on the U.S. district courts more than twice between 1977 and
2006.21 All nine received hearings by the Senate Judiciary Committee on at least one
of the three nominations. James McGregor, nominated in three consecutive
Congresses (the 100th, 101st, and 102nd), received a hearing on his first nomination,
but was never confirmed. The other eight nominees were eventually confirmed by
the Senate, though three were first nominated by President George H.W. Bush during
the 102nd Congress and were not confirmed until renominated by President George
W. Bush.22
20
Seven of the 17 were nominated a third time, received hearings, and were confirmed on
the third nomination. For details on these nominees, see Appendix 2.
21
Those nine individuals (and the districts to which they were nominated) are Legrome
Davis (Eastern Pennsylvania), James Dever III (Eastern North Carolina), Larry Hicks
(Nevada), Thomas Ludington (Eastern Michigan), James McGregor (Western
Pennsylvania), James Payne (Northern, Eastern, and Western Oklahoma), William Quarles,
Jr. (Maryland), John Vukasin, Jr. (Northern California), and Vaughn Walker (Northern
California). See Appendix 2 for details.
22
Larry Hicks (Nevada) and James Payne (Northern, Eastern, and Western Oklahoma) were
confirmed in the 107th Congress; William Quarles (Maryland) was confirmed in the 108th
Congress. See Appendix 2 for details.
CRS-17
Resubmissions and Confirmation
Previous sections of this report have focused on Senate practice with returns,
patterns in presidential resubmissions, and how renominated individuals were treated
by the Senate Judiciary Committee. This section examines how renominated judicial
nominees ultimately fared before the Senate relative to other judicial nominees. If
returns and renominations tend to indicate controversial nominations, then one might
expect that fewer judicial nominees who received multiple nominations were
confirmed than those who were nominated only once. On the other hand, there is
some evidence that returns (particularly of district court nominations) are
necessitated by the Senate not finding time in its schedule to confirm nominees on
their initial nominations. If returns and renominations are driven largely by the
Senate calendar (and, by extension, the time the vacancy occurs and the time the
President takes to fill vacancies with nominees), then renominated individuals should
be confirmed at nearly the same rate as individuals who are nominated only once.
Table 8 presents the percentage of nominees confirmed by the number of times
they were nominated during the 1977-2006 period. District judges who were
nominated only once were confirmed 90.2% of the time on the first nomination. Of
those district judges who were renominated, 88.1% were confirmed on the second
nomination, and 88.9% of those who received three nominations were confirmed on
the third nomination. Therefore, the data indicate that, for district judges,
renominations (and returns that necessitate the President's renomination) do not
appear to diminish substantially the probability that the nominee will eventually be
confirmed.
The same cannot be said for nominees to the courts of appeals. Examination of
Table 8 reveals that 86.5% of the nominees who were nominated only once were
confirmed.23 That number fell to 78.3% for second nominations and to 55.6% for
third nominations. Furthermore, of the five individuals who received four
nominations, two (40.0%) were confirmed. Therefore, the data indicate that
nominees to the courts of appeals faced a declining probability of confirmation the
more often their nominations were returned by the Senate.
23
This is somewhat different from saying what percentage of nominees were confirmed on
their first nomination. Between 1977 and 2006, 249 of 358 total courts of appeals nominees,
or 69.5%, were confirmed on their first nomination. For district court nominees, 1,059 of
1,301 nominees, or 81.4%, were confirmed on their first nomination.
CRS-18
Table 8. U.S. District Court and U.S. Courts of Appeals Nominees: Renominations and Confirmation Rate,
by Renomination, 95th - 109th Congresses (1977-2006)
District Courts Courts of Appeals Total
Times
Nominated % % %
Nominees Confirmed Confirmed Nominees Confirmed Confirmed Nominees Confirmed Confirmed
1 1174 1059 90.2% 288 249 86.5% 1462 1308 89.5%
2 118 104 88.1% 46 36 78.3% 164 140 85.4%
3 9 8 88.9% 18 10 55.6% 27 18 66.7%
4 0 0 -- 5 2 40.0% 5 2 40.0%
5 0 0 -- 0 0 -- 0 0 --
6 0 0 -- 0 0 -- 0 0 --
7 0 0 -- 1 0 0.0% 1 0 0.0%
Total 1301 1171 90.0% 358 297 83.0% 1659 1468 88.5%
1,437 total nominations 461 total nominations 1,898 total nominations
Source: CRS Judicial Nominations Database.
CRS-19
Concluding Observations
Renominations are an increasingly common feature of the judicial nomination
and confirmation process. This report chronicles the uneven rise of renominations
in the judicial nomination process between 1977 and 2006 and assesses the Senate
handling of hearings for judicial nominees whose nominations have been
resubmitted, as well as the ultimate prospects for confirmation for nominees whose
nominations were returned and resubmitted at least one time. Two important trends
emerge from this analysis. First, returns by the Senate and renominations by the
President have grown over the past 30 years. Within that overall growth, Senate
returns of nominations are most common in the final Congress of a President's term.
Before the 107th Congress, the two Congresses with the most returned nominations
were the 102nd Congress, when Democrats controlled the Senate and President
George H.W. Bush was ending what would be his only term as President; and the
106th Congress, when Republicans controlled the Senate and President Clinton was
ending his second term.
Second, there is an important distinction between the path of nominees to the
U.S. district courts and the U.S. courts of appeals. Nominees to the courts of appeals
were more likely to have their nominations returned by the Senate, were more likely
to be renominated more than once (though less likely to be renominated by a
President of a different political party than district court nominees), were more likely
to have second hearings if they received hearings on their first nominations, and were
less likely to be confirmed on their second and subsequent nominations than
nominees to the district courts. These trends reflect an increasing controversy over
courts of appeals nominees; the difference in the treatment of district court nominees
and courts of appeals nominees has become more pronounced in the last 30 years.
CRS-20
Appendix 1. U.S. Courts of Appeals Nominees with Resubmitted Nominations,
95th Congress - 109th Congress (1977-2006)
Date of:
Nominee's Name Circuit Congress Nomination Hearing Committee Actiona Final Action
108th 4/28/2003 10/28/2003 -- Returned 12/9/2003
Allen, Claude A. Fourth
108th 1/20/2004 -- -- Returned 12/8/2004
96th 12/14/1979 -- -- Withdrawn 12/19/1979
Arnold, Richard S. Eighth th
96 12/19/1979 2/7/1980 2/19/1980 Confirmed 2/20/1980
104th 12/22/1995 -- -- Returned 10/4/1996
Beaty, James A., Jr. Fourth th
105 1/7/1997 1/7/1997 -- Returned 10/21/1998
105th 1/27/1998 7/30/1998 -- Returned 10/21/1998
Berzon, Marsha L. Ninth th
106 1/26/1999 6/16/1999 7/1/1999 Confirmed 3/9/2000
99th 12/9/1985 -- -- Returned 12/20/1985
Boggs, Danny J. Sixth th
99 1/29/1986 2/5/1986 2/27/1986 Confirmed 3/3/1986
102nd 10/22/1991 -- -- Returned 10/8/1992
th
107 5/9/2001 -- -- Returned 8/3/2001
107th 9/4/2001 -- -- Returned 11/20/2002
th
Boyle, Terrence W. Fourth 108 1/7/2003 -- -- Returned 12/8/2004
109th 2/14/2005 3/3/2005 6/16/2005 Returned 8/3/2006
th
109 9/5/2006 -- -- Returned 9/29/2006
109th 11/15/2006 -- -- Returned 12/9/2006
CRS-21
Date of:
Nominee's Name Circuit Congress Nomination Hearing Committee Actiona Final Action
Cloture failed (53-43),
108th 7/25/2003 10/22/2003 11/6/2003 11/14/2003
Brown, Janice R. DC Returned 12/8/2004
109th 2/14/2005 -- 4/21/2005 Confirmed 6/8/2005
th
98 10/5/1984 -- -- Returned 10/18/1984
Brunetti, Melvin T. Ninth
99th 2/26/1985 3/6/1985 4/3/1985 Confirmed 4/3/1985
th
107 5/22/2002 -- -- Returned 11/20/2002
Bybee, Jay S. Ninth
108th 1/7/2003 2/5/2003 2/27/2003 Confirmed 3/13/2003
th
106 3/2/2000 5/25/2000 -- Returned 12/15/2000
Campbell, Bonnie J. Eighth
107th 1/3/2001 -- -- Withdrawn 3/19/2001
th
104 3/6/1996 3/27/1996 4/25/1996 Returned 10/4/1996
Clay, Eric L. Sixth
105th 1/7/1997 5/7/1997 5/22/1997 Confirmed 7/31/1997
th
107 5/9/2001 -- -- Returned 8/3/2001
Clement, Edith B. Fifth
107th 9/4/2001 10/4/2001 11/1/2001 Confirmed 11/13/2001
th
107 6/22/2001 -- -- Returned 8/3/2001
Clifton, Richard R. Ninth
107th 9/4/2001 5/9/2002 5/16/2002 Confirmed 7/18/2002
th
107 5/9/2001 -- -- Returned 8/3/2001
Cook, Deborah L. Sixth 107th 9/4/2001 -- -- Returned 11/20/2002
th
108 1/7/2003 1/29/2003 2/27/2003 Confirmed 5/5/2003
103rd 6/8/1994 9/14/1994 -- Returned 11/14/1994
Motion to recommit (46-
Dennis, James L. Fifth
104th 1/31/1995 9/14/1994 7/20/1995 54), 9/28/1995
Confirmed 9/28/1995
CRS-22
Date of:
Nominee's Name Circuit Congress Nomination Hearing Committee Actiona Final Action
106th 6/17/1999 -- -- Returned 12/15/2000
Duffy, James E., Jr. Ninth
107th 1/3/2001 -- -- Withdrawn 3/19/2001
105th 4/1/1998 7/16/1998 9/10/1998 Returned 10/21/1998
Dyk, Timothy B. Federal th
106 1/26/1999 -- 10/21/1999 Confirmed 5/24/2000
98th 8/1/1984 9/5/1984 9/28/1984 Returned 10/18/1984
Easterbrook, Frank H. Seventh th
99 2/25/1985 -- 4/3/1985 Confirmed 4/3/1985
107th 5/9/2001 -- -- Returned 8/3/2001
th
107 9/4/2001 9/26/2002 -- Returned 11/20/2002
Cloture failed (55-44),
3/6/2003
Cloture failed (55-42),
3/13/2003
Cloture failed (55-45),
3/18/2003
Estrada, Miguel A. DC Cloture failed (55-44),
108th 1/7/2003 -- 1/30/2003 4/2/2003
Cloture failed (52-39),
5/5/2003
Cloture failed (54-43),
5/8/2003
Cloture failed (55-43),
7/30/2003
Withdrawn 9/4/2003
100th 9/16/1988 -- -- Returned 10/22/1988
Fernandez, Ferdinand F. Ninth
101st 2/28/1989 5/11/1989 5/18/1989 Confirmed 5/18/1989
CRS-23
Date of:
Nominee's Name Circuit Congress Nomination Hearing Committee Actiona Final Action
104th 4/25/1995 12/19/1995 5/16/1996 Returned 10/4/1996
Fletcher, William A. Ninth
105th 1/7/1997 4/29/1998 5/21/1998 Confirmed 10/8/1998
104th 4/18/1996 6/25/1996 6/27/1996 Returned 10/4/1996
Gajarsa, Arthur Federal th
105 1/7/1997 5/7/1997 5/22/1997 Confirmed 7/31/1997
104th 9/5/1995 11/30/1995 12/14/1995 Returned 10/4/1996
Garland, Merrick B. DC th
105 1/7/1997 -- 3/6/1997 Confirmed 3/19/1997
105th 6/24/1998 -- -- Returned 10/21/1998
Goode, Barry P. Ninth th
106 1/26/1999 -- -- Returned 12/15/2000
107th 1/3/2001 -- -- Withdrawn 3/19/2001
th
105 11/8/1997 -- -- Returned 10/21/1998
Gould, Ronald M. Ninth
106th 1/26/1999 9/14/1999 10/7/1999 Confirmed 11/17/1999
th
106 6/30/2000 -- -- Returned 12/15/2000
Gregory, Roger L. Fourth 107th 1/3/2001 -- -- Withdrawn 3/19/2001
th
107 5/9/2001 7/11/2001 7/19/2001 Confirmed 7/20/2001
107th 6/26/2002 -- -- Returned 11/20/2002
Cloture failed (54-44),
Griffin, Richard A. Sixth 108th 1/7/2003 6/16/2004 7/20/2004 7/22/2004
Returned 12/8/2004
109th 2/14/2005 -- 5/26/2005 Confirmed 6/9/2005
108th 5/10/2004 11/16/2004 -- Returned 12/8/2004
Griffith, Thomas B. DC th
109 2/14/2005 3/8/2005 4/14/2005 Confirmed 6/14/2005
CRS-24
Date of:
Nominee's Name Circuit Congress Nomination Hearing Committee Actiona Final Action
107th 6/21/2001 -- -- Returned 8/3/2001
Hartz, Harris L. Tenth
107th 9/4/2001 10/25/2001 11/29/2001 Confirmed 12/6/2001
108th 9/29/2003 11/19/2003 3/11/2004 Returned 12/8/2004
th
Haynes, William J., II Fourth 109 2/14/2005 7/11/2006 -- Returned 8/3/2006
109th 9/5/2006 -- -- Returned 9/29/2006
th
107 8/2/2001 -- -- Returned 8/3/2001
Howard, Jeffrey R. First
107th 9/4/2001 4/11/2002 4/18/2002 Confirmed 4/23/2002
th
106 4/22/1999 -- -- Returned 12/15/2000
Johnson, H. Alston, III Fifth
107th 1/4/2001 -- -- Withdrawn 3/19/2001
th
98 9/17/1984 9/26/1984 -- Returned 10/18/1984
Jones, Edith H. Fifth
99th 2/27/1985 -- 4/3/1985 Confirmed 4/3/1985
th
108 7/25/2003 4/27/2004 -- Returned 12/8/2004
Kavanaugh, Brett M. DC 109th 2/14/2005 -- -- Returned 12/21/2005
th
109 1/25/2006 5/9/2006 5/11/2006 Confirmed 5/26/2006
109th 6/29/2006 8/1/2006 -- Returned 9/29/2006
Keisler, Peter D. DC th
109 11/15/2006 -- -- Returned 12/9/2006
107th 6/22/2001 -- -- Returned 8/3/2001
th
107 9/4/2001 -- -- Returned 11/20/2002
Kuhl, Carolyn B. Ninth Cloture failed (53-43),
108th 1/7/2003 4/1/2003 5/8/2003 11/14/2003
Returned 12/8/2004
CRS-25
Date of:
Nominee's Name Circuit Congress Nomination Hearing Committee Actiona Final Action
106th 9/16/1999 -- -- Returned 12/15/2000
Lewis, Kathleen M. Sixth
107th 1/3/2001 -- -- Withdrawn 3/19/2001
103rd 9/14/1994 -- -- Returned 11/14/1994
Lynch, Sandra L. First th
104 1/11/1995 2/8/1995 2/23/1995 Confirmed 3/17/1995
107th 5/9/2001 -- -- Returned 8/3/2001
McConnell, Michael W. Tenth th
107 9/4/2001 9/18/2002 11/14/2002 Confirmed 11/15/2002
th
107 11/8/2001 -- -- Returned 11/20/2002
Cloture failed (53-44),
McKeague, David W. Sixth 108th 1/7/2003 6/16/2004 7/20/2004 7/22/2004
Returned 12/8/2004
109th 2/14/2005 -- 5/26/2005 Confirmed 6/9/2005
th
104 3/29/1996 -- -- Returned 10/4/1996
McKeown, M. Margaret Ninth
105th 1/7/1997 2/4/1998 2/26/1998 Confirmed 3/27/1998
th
107 7/10/2001 -- -- Returned 8/3/2001
Melloy, Michael J. Eighth
107th 9/4/2001 1/24/2002 2/7/2002 Confirmed 2/11/2002
rd
103 9/14/1994 -- -- Returned 11/14/1994
Moore, Karen N. Sixth
104th 1/24/1995 2/27/1995 3/16/1995 Confirmed 3/24/1995
th
106 9/16/1999 -- -- Returned 12/15/2000
Moreno, Enrique Fifth
107th 1/3/2001 -- -- Withdrawn 3/19/2001
CRS-26
Date of:
Nominee's Name Circuit Congress Nomination Hearing Committee Actiona Final Action
Cloture failed (53-44),
108th 5/15/2003 2/5/2004 4/1/2004 7/20/2004
Returned 12/8/2004
Myers, William G., III Ninth 109th 2/14/2005 3/1/2005 3/17/2005 Returned 8/3/2006
th
109 9/5/2006 -- -- Returned 9/29/2006
109th 11/15/2006 -- -- Returned 12/9/2006
th
107 11/8/2001 -- -- Returned 11/20/2002
Neilson, Susan B. Sixth 108th 1/7/2003 9/8/2004 10/4/2004 Returned 12/8/2004
th
109 2/14/2005 -- 10/20/2005 Confirmed 10/27/2005
107th 8/2/2001 -- -- Returned 8/3/2001
O'Brien, Terrence L. Tenth th
107 9/4/2001 3/19/2002 4/11/2002 Confirmed 4/15/2002
CRS-27
Date of:
Nominee's Name Circuit Congress Nomination Hearing Committee Actiona Final Action
107th 5/9/2001 -- -- Returned 8/3/2001
Motion to report
favorably (9-10),
9/5/2002
Motion to report
without
107th 9/4/2001 7/23/2002 Returned 11/20/2002
recommendation (9-
10), 9/25/2002
Motion to report
unfavorably (9-10),
Owen, Priscilla R. Fifth 9/25/2002
Cloture failed (52-45),
5/1/2003
Cloture failed (52-45),
108th 1/7/2003 3/13/2003 3/27/2003 5/8/2003
Cloture failed (53-43),
7/29/2003
Returned 12/8/2004
Cloture invoked (81-18),
109th 2/14/2005 -- 4/21/2005 5/24/2005
Confirmed 5/25/2005
104th 1/25/1996 7/31/1996 -- Returned 10/4/1996
th
Paez, Richard A. Ninth 105 1/7/1997 2/25/1998 3/19/1998 Returned 10/21/1998
106th 1/26/1999 -- 7/29/1999 Confirmed 3/9/2000
th
107 5/9/2001 -- -- Returned 8/3/2001
Parker, Barrington D., Jr. Second
107th 9/4/2001 9/13/2001 10/4/2001 Confirmed 10/11/2001
CRS-28
Date of:
Nominee's Name Circuit Congress Nomination Hearing Committee Actiona Final Action
107th 5/25/2001 -- -- Returned 8/3/2001
Motion to report
10/18/2001 favorably (9-10),
3/14/2002
Motion to report
without
107th 9/4/2001 2/7/2002 Returned 11/20/2002
recommendation (9-
Pickering, Charles W., Sr. Fifth 10), 3/14/2002
Motion to report
unfavorably (9-10),
3/14/2002
Cloture failed (54-43),
108th 1/7/2003 -- 10/2/2003 10/30/2003
Returned 12/8/2004
108th 2/6/2004 -- -- Returned 12/8/2004b
107th 5/21/2001 -- -- Returned 8/3/2001
Prost, Sharon Federal th
107 9/4/2001 8/27/2001 9/6/2001 Confirmed 9/21/2001
Cloture failed (53-44),
7/31/2003
108th 4/9/2003 6/11/2003 7/23/2003 Cloture failed (51-43),
11/6/2003
Pryor, William H., Jr. Eleventh
Returned 12/8/2004
108th 3/12/2004 -- -- Returned 12/8/2004c
109th 2/14/2005 -- 5/12/2005 Confirmed 6/9/2005
CRS-29
Date of:
Nominee's Name Circuit Congress Nomination Hearing Committee Actiona Final Action
102nd 1/27/1992 -- -- Returned 10/8/1992
107th 5/9/2001 -- -- Returned 8/3/2001
Roberts, John G., Jr. DC 107th 9/4/2001 -- -- Returned 11/20/2002
Motion to recommit,
1/29/2003 2/27/2003 4/30/2003
108th 1/7/2003
4/30/2003 5/8/2003
Confirmed 5/8/2003
100th 4/26/1988 -- -- Returned 10/22/1988
Rymer, Pamela A. Ninth
101st 2/28/1989 4/5/1989 5/18/1989 Confirmed 5/18/1989
st
101 4/26/1990 -- -- Returned 10/28/1990
Motion to report
favorably (6-8),
Ryskamp, Kenneth L. Eleventh 4/11/1991
102nd 1/8/1991 3/19/1991 Motion to report Returned 8/2/1991
without
recommendation (7-
7), 4/11/1991
107th 11/8/2001 -- -- Returned 11/20/2002
Cloture failed (52-46),
Saad, Henry W. Sixth 108th 1/7/2003 7/30/2003 6/17/2004 4/30/2003
Returned 12/8/2004
109th 2/14/2005 -- -- Withdrawn 3/27/2006
th
107 5/9/2001 -- -- Returned 8/3/2001
Shedd, Dennis W. Fourth th
107 9/4/2001 6/27/2002 11/14/2002 Confirmed 11/19/2002
th
107 5/22/2001 -- -- Returned 8/3/2001
Smith, Lavenski R. Eighth th
107 9/4/2001 5/23/2002 6/27/2002 Confirmed 7/15/2002
CRS-30
Date of:
Nominee's Name Circuit Congress Nomination Hearing Committee Actiona Final Action
109th 12/16/2005 3/1/2006 5/4/2006 Returned 8/3/2006
Smith, N. Randyd Ninth 109th 9/5/2006 -- 9/21/2006 Returned 9/29/2006
109th 11/15/2006 -- -- Returned 12/9/2006
th
98 7/13/1983 7/22/1983 -- Returned 8/4/1983
Starr, Kenneth W. DC
98th 9/13/1983 -- 9/15/1983 Confirmed 9/20/1983
th
107 5/9/2001 -- -- Returned 8/3/2001
Sutton, Jeffrey S. Sixth 107th 9/4/2001 -- -- Returned 11/20/2002
th
108 1/7/2003 1/29/2003 2/13/2003 Confirmed 4/29/2003
107th 9/4/2001 -- -- Returned 11/20/2002
th
Tymkovich, Timothy M. Tenth 107 5/25/2001 -- -- Returned 8/3/2001
108th 1/7/2003 2/12/2003 3/6/2003 Confirmed 4/1/2003
th
97 12/15/1982 -- -- Returned 12/23/1982
98th 4/21/1983 -- -- Returned 8/4/1983
9/29/1983
Unger, Sherman E. Federal 9/30/1983
th
98 9/13/1983 10/05/1983 -- Returned 11/22/1983
10/06/1983
10/27/1983
102nd 9/11/1991 -- -- Returned 10/8/1992
Van Antwerpen, Franklin S. Third th
108 11/21/2003 1/28/2004 3/4/2004 Confirmed 5/20/2004
CRS-31
Date of:
Nominee's Name Circuit Congress Nomination Hearing Committee Actiona Final Action
109th 2/8/2006 -- -- Returned 8/3/2006
Wallace, Michael B. Fifth 109th 9/5/2006 9/26/2006 -- Returned 9/29/2006
109th 11/15/2006 -- -- Returned 12/9/2006
th
105 1/7/1997 -- -- Returned 10/21/1998
White, Helene N. Sixth 106th 1/26/1999 -- -- Returned 12/15/2000
th
107 1/3/2001 -- -- Withdrawn 3/19/2001
th
100 6/27/1988 -- -- Returned 10/22/1988
Wiener, Jacques L., Jr. Fifth
101st 11/17/1989 2/21/1990 3/8/1990 Confirmed 3/9/1990
th
98 11/10/1983 11/16/1983 -- Returned 11/22/1983
Wilkinson, James H., III Fourth 2/22/1984
98th 1/30/1984 3/15/1984 Confirmed 8/9/1984
8/7/1984
106th 8/5/1999 -- -- Returned 12/15/2000
Wynn, James A., Jr. Fourth th
107 1/3/2001 -- -- Withdrawn 3/19/2001
Source: CRS Judicial Nominations Database.
a. Unless otherwise noted, the committee action date is the date that the motion to report favorably carried.
b. Because Pickering received a recess appointment to the Fifth Circuit without his nomination being formally withdrawn by the President, both a nomination to
the seat (made 1/7/2003) and a nomination to convert the recess appointment to one with Senate confirmation (made 2/6/2004) were pending before the
Senate.
c. Because Pryor received a recess appointment to the Eleventh Circuit without his nomination being formally withdrawn by the President, both a nomination to
the seat (made 4/9/2003) and a nomination to convert the recess appointment to one with Senate confirmation (made 3/12/2004) were pending before the
Senate.
d. Resubmitted in the 110th Congress on Jan. 9, 2007. That nomination was withdrawn by President Bush on Jan. 16, 2007 and Smith was renominated to a
different seat on the Ninth Circuit on that same day.
CRS-32
Appendix 2. U.S. District Courts Nominees with Resubmitted Nominations,
95th Congress - 109th Congress (1977-2006)
Date of:
Nominee's Name Court Congress Nomination Hearing Committee Motiona Final Action
107th 10/10/2002 -- -- Returned 11/20/2002
Adams, John R. N.OH th
108 01/07/2003 01/29/2003 02/06/2003 Confirmed 02/10/2003
104th 11/27/1995 09/24/1996 -- Returned 10/04/1996
Aiken, Ann L. OR th
105 01/07/1997 10/28/1997 11/06/1997 Confirmed 01/28/1998
102nd 03/20/1992 -- -- Returned 10/08/1992
Anderson, Percy C.CA th
107 01/23/2002 04/11/2002 04/18/2002 Confirmed 04/25/2002
107th 08/02/2001 -- -- Returned 08/03/2001
Armijo, M. Christina NM th
107 09/04/2001 10/18/2001 11/01/2001 Confirmed 11/06/2001
104th 03/06/1996 07/31/1996 -- Returned 10/04/1996
Bataillon, Joseph F. NE th
105 01/07/1997 07/22/1997 07/31/1997 Confirmed 09/11/1997
98th 10/05/1984 -- -- Returned 10/18/1984
Batchelder, Alice E. N.OH th
99 02/28/1985 03/06/1985 04/03/1985 Confirmed 04/03/1985
107th 06/20/2001 -- -- Returned 08/03/2001
Bates, John D. DC th
107 09/04/2001 10/25/2001 11/29/2001 Confirmed 12/11/2001
104th 07/21/1995 -- -- Returned 10/04/1996
Bingler, John H., Jr. W.PA th
105 07/31/1997 -- -- Withdrawn 02/12/1998
100th 06/15/1988 -- -- Returned 10/22/1988
Bonner, Robert C. C.CA st
101 02/28/1989 04/05/1989 05/18/1989 Confirmed 05/18/1989
107th 08/02/2001 -- -- Returned 08/03/2001
Bowdre, Karon O. N.AL th
107 09/04/2001 10/18/2001 11/01/2001 Confirmed 11/06/2001
CRS-33
Date of:
Nominee's Name Court Congress Nomination Hearing Committee Motiona Final Action
th
107 10/10/2002 -- -- Returned 11/20/2002
Breen, J. Daniel W.TN
108th 01/07/2003 02/12/2003 03/06/2003 Confirmed 03/13/2003
th
99 12/04/1985 -- -- Returned 12/20/1985
Bryan, Robert J. W.WA
99th 02/03/1986 02/19/1986 02/27/1986 Confirmed 04/24/1986
th
107 08/02/2001 -- -- Returned 08/03/2001
Bunning, David L. E.KY
107th 09/04/2001 12/10/2001 02/07/2002 Confirmed 02/14/2002
th
107 08/02/2001 -- -- Returned 08/03/2001
Caldwell, Karen K. E.KY
107th 09/04/2001 10/04/2001 10/18/2001 Confirmed 10/23/2001
th
107 06/19/2001 -- -- Returned 08/03/2001
Camp, Laurie S. NE
107th 09/04/2001 10/04/2001 10/18/2001 Confirmed 10/23/2001
th
107 10/10/2002 -- -- Returned 11/20/2002
Carney, Cormac J. C.CA
108th 01/07/2003 03/12/2003 03/20/2003 Confirmed 04/07/2003
nd
102 07/02/1992 -- -- Returned 10/08/1992
Casey, Richard C. S.NY
105th 07/16/1997 09/30/1997 10/09/1997 Confirmed 10/21/1997
th
107 06/19/2001 -- -- Returned 08/03/2001
Cassell, Paul G. UT
107th 09/04/2001 03/19/2002 05/02/2002 Confirmed 05/13/2002
th
99 12/04/1985 -- -- Returned 12/20/1985
Cedarbaum, Miriam G. S.NY
99th 02/03/1986 02/19/1986 02/27/1986 Confirmed 03/03/1986
th
106 07/27/2000 -- -- Returned 12/15/2000
Cercone, David S. W.PA
107th 03/21/2002 06/13/2002 06/20/2002 Confirmed 08/01/2002
rd
103 09/14/1994 -- -- Returned 11/14/1994
Chesney, Maxine M. N.CA
104th 01/24/1995 03/28/1995 04/05/1995 Confirmed 05/08/1995
CRS-34
Date of:
Nominee's Name Court Congress Nomination Hearing Committee Motiona Final Action
th
98 09/10/1984 09/18/1984 -- Returned 10/18/1984
Cobb, Howell E.TX
99th 02/26/1985 -- 04/03/1985 Confirmed 04/03/1985
th
95 11/02/1977 -- -- Returned 12/15/1977
Motion to report favorably
Collins, Robert F. E.LA (5-5), 04/14/1978
95th 1/26/1978 02/07/1978 Confirmed 05/17/1978
Motion to report favorably
(13-1), 05/16/1978
108th 04/28/2003 -- -- Returned 12/08/2004
Conrad, Robert J., Jr. W.NC th
109 02/14/2005 03/03/2005 04/14/2005 Confirmed 04/28/2005
108th 09/10/2004 -- -- Returned 12/08/2004
Cox, Sean F. E.MI th
109 02/14/2005 05/02/2006 05/11/2006 Confirmed 06/08/2006
108th 09/07/2004 11/16/2004 -- Returned 12/08/2004
Crotty, Paul A. S.NY th
109 02/14/2005 -- 03/17/2005 Confirmed 04/11/2005
105th 07/30/1998 -- -- Returned 10/21/1998
th
Davis, Legrome D. E.PA 106 01/26/1999 -- -- Returned 12/15/2000
107th 01/23/2002 03/19/2002 04/11/2002 Confirmed 04/18/2002
nd
102 06/03/1992 -- -- Returned 10/08/1992
Davis, Leonard E. E.TX
107th 01/23/2002 04/25/2002 05/02/2002 Confirmed 05/09/2002
th
107 05/22/2002 -- -- Returned 11/20/2002
Dever, James C., III E.NC 108th 01/07/2003 -- -- Returned 12/08/2004
th
109 02/14/2005 03/03/2005 04/14/2005 Confirmed 04/28/2005
102nd 10/02/1992 -- -- Returned 10/08/1992
Dimitrouleas, William P. S.FL th
105 01/27/1998 04/29/1998 05/07/1998 Confirmed 05/14/1998
CRS-35
Date of:
Nominee's Name Court Congress Nomination Hearing Committee Motiona Final Action
nd
102 09/09/1992 -- -- Returned 10/08/1992
Dorr, Richard E. W.MO
107th 03/21/2002 05/24/2002 06/13/2002 Confirmed 08/01/2002
th
100 06/20/1988 -- -- Returned 10/22/1988
Dudley, Adriane J. VI
101st 03/08/1990 -- -- Returned 08/04/1990
th
99 09/26/1986 -- -- Returned 10/18/1986
Dwyer, William L. W.WA
100th 07/28/1987 09/11/1987 10/29/1987 Confirmed 11/05/1987
th
107 08/02/2001 -- -- Returned 08/03/2001
Eagan, Clair V. N.OK
107th 09/04/2001 10/04/2001 10/18/2001 Confirmed 10/23/2001
th
98 09/11/1984 09/19/1984 09/28/1984 Returned 10/18/1984
Edgar, R. Allan E.TN
99th 02/26/1985 -- 04/03/1985 Confirmed 04/15/1985
th
107 08/02/2001 -- -- Returned 08/03/2001
Engelhardt, Kurt D. E.LA
107th 09/04/2001 10/25/2001 11/29/2001 Confirmed 12/11/2001
th
107 09/12/2002 -- -- Returned 11/20/2002
Erickson, Ralph R. ND
108th 01/07/2003 02/05/2003 02/27/2003 Confirmed 03/12/2003
th
107 07/25/2002 -- -- Returned 11/20/2002
Feuerstein, Sandra J. E.NY
108th 01/07/2003 07/22/2003 07/31/2003 Confirmed 09/17/2003
nd
102 06/19/1992 -- -- Returned 10/08/1992
Finch, Raymond L. VI
103rd 03/22/1994 04/29/1994 05/05/1994 Confirmed 05/06/1994
th
99 10/29/1985 11/22/1985 -- Returned 12/20/1985
Fitzwater, Sidney A. N.TX
99th 01/29/1986 02/05/1986 02/27/1986 Confirmed 03/18/1986
rd
103 10/05/1994 -- -- Returned 11/14/1994
Folsom, David E.TX
104th 01/11/1995 02/08/1995 02/23/1995 Confirmed 03/17/1995
CRS-36
Date of:
Nominee's Name Court Congress Nomination Hearing Committee Motiona Final Action
th
107 08/02/2001 -- -- Returned 08/03/2001
Friot, Stephen P. W.OK
107th 09/04/2001 10/18/2001 11/01/2001 Confirmed 11/06/2001
th
107 08/01/2002 -- -- Returned 11/20/2002
Frost, Gregory L. S.OH
108th 01/07/2003 02/05/2003 02/27/2003 Confirmed 03/10/2003
th
98 07/21/1983 -- -- Returned 08/04/1983
Galane, Morton R. NV
98th 09/13/1983 -- -- Withdrawn 10/18/1983
th
100 07/06/1988 -- -- Returned 10/22/1988
Garbis, Marvin J. MD
101st 08/04/1989 09/26/1989 10/18/1989 Confirmed 10/24/1989
th
99 12/04/1985 -- -- Returned 12/20/1985
Gex, Walter J., III S.MS
99th 01/29/1986 02/05/1986 02/20/1986 Confirmed 02/25/1986
th
96 09/17/1980 -- -- Returned 12/16/1980
Glasser, Israel L. E.NY
97th 11/23/1981 12/04/1981 12/08/1981 Confirmed 12/09/1981
th
107 08/02/2001 -- -- Returned 08/03/2001
Granade, Callie V. S.AL
107th 09/04/2001 12/05/2001 12/13/2001 Confirmed 02/04/2002
th
96 03/05/1979 -- -- Withdrawn 03/06/1979
Green, Joyce H. DC
96th 03/06/1979 04/25/1979 05/08/1979 Confirmed 05/10/1979
th
107 07/10/2001 -- -- Returned 08/03/2001
Gritzner, James E. S.IA
107th 09/04/2001 01/24/2002 02/07/2002 Confirmed 02/14/2002
nd
102 03/20/1992 -- -- Returned 10/08/1992
Hanen, Andrew S. S.TX
107th 01/23/2002 04/25/2002 05/02/2002 Confirmed 05/09/2002
th
99 12/04/1985 -- -- Returned 12/20/1985
Hansen, David R. N.IA
99th 02/03/1986 02/19/1986 02/27/1986 Confirmed 03/03/1986
CRS-37
Date of:
Nominee's Name Court Congress Nomination Hearing Committee Motiona Final Action
th
98 11/10/1983 11/16/1983 -- Returned 11/22/1983
Hargrove, John R. MD
98th 01/30/1984 -- 02/08/1984 Confirmed 02/09/1984
th
100 06/23/1988 -- -- Returned 10/22/1988
Harmon, Melinda S.TX
101st 02/28/1989 04/05/1989 05/18/1989 Confirmed 05/18/1989
rd
103 10/05/1994 -- -- Returned 11/14/1994
Heartfield, Thad E.TX
104th 01/11/1995 02/08/1995 02/23/1995 Confirmed 03/17/1995
th
107 08/02/2001 -- -- Returned 08/03/2001
Heaton, Joe L. W.OK
107th 09/04/2001 11/07/2001 11/29/2001 Confirmed 12/06/2001
th
96 02/27/1980 -- -- Returned 12/16/1980
Heen, Walter M. HI
97th 01/08/1981 -- -- Withdrawn 01/21/1981
th
105 09/16/1998 10/06/1998 10/08/1998 Returned 10/21/1998
Hibbler, William J. N.IL
106th 01/26/1999 -- 03/25/1999 Confirmed 04/15/1999
nd
102 07/12/1992 -- -- Returned 10/08/1992
Hicks, Larry R. NV 107th 08/02/2001 -- -- Returned 08/03/2001
th
107 09/04/2001 10/18/2001 11/01/2001 Confirmed 11/05/2001
107th 09/12/2002 -- -- Returned 11/20/2002
Hicks, S. Maurice, Jr. W.LA th
108 01/07/2003 04/30/2003 05/08/2003 Confirmed 05/19/2003
104th 11/27/1995 -- -- Returned 10/04/1996
Hochberg, Faith S. NJ th
106 04/22/1999 10/26/1999 11/04/1999 Confirmed 11/10/1999
98th 09/06/1984 09/18/1984 09/28/1984 Returned 10/18/1984
Holderman, James F., Jr. N.IL th
99 02/25/1985 -- 04/03/1985 Confirmed 04/03/1985
CRS-38
Date of:
Nominee's Name Court Congress Nomination Hearing Committee Motiona Final Action
th
107 08/01/2002 -- -- Returned 11/20/2002
Holwell, Richard J. S.NY
108th 01/07/2003 07/22/2003 07/31/2003 Confirmed 09/17/2003
th
107 08/02/2001 -- -- Returned 08/03/2001
Johnson, William P. NM
107th 09/04/2001 10/25/2001 11/29/2001 Confirmed 12/13/2001
th
96 05/16/1979 08/26/1980 -- Returned 12/16/1980
Jones, James P. W.VA
104th 12/12/1995 02/28/1996 03/13/1996 Confirmed 07/18/1996
th
107 07/18/2002 -- -- Returned 11/20/2002
Junell, Robert A. W.TX
108th 01/07/2003 01/29/2003 02/06/2003 Confirmed 02/10/2003
th
98 07/21/1983 08/01/1983 -- Returned 08/04/1983
Keenan, John F. S.NY
98th 09/13/1983 -- 09/15/1983 Confirmed 09/20/1983
th
105 09/16/1998 10/06/1998 -- Returned 10/21/1998
Kennelly, Matthew F. N.IL
106th 01/26/1999 -- 03/25/1999 Confirmed 04/15/1999
th
105 01/27/1998 -- -- Returned 10/21/1998
Klein, James W. DC
106th 03/25/1999 -- -- Returned 12/15/2000
th
104 03/29/1996 07/31/1996 09/19/1996 Returned 10/04/1996
Kollar-Kotelly, Colleen DC
105th 01/07/1997 -- 05/06/1997 Confirmed 05/20/1997
th
98 09/11/1984 09/19/1984 09/28/1984 Returned 10/18/1984
La Plata, George E.MI
99th 02/27/1985 -- 04/03/1985 Confirmed 04/03/1985
th
104 05/09/1996 -- -- Returned 10/04/1996
Lazzara, Richard A. M.FL
105th 01/07/1997 09/05/1997 09/18/1997 Confirmed 09/26/1997
nd
102 04/30/1992 -- -- Returned 10/08/1992
Leighton, Ronald B. W.WA
107th 01/23/2002 10/07/2002 10/08/2002 Confirmed 11/14/2002
CRS-39
Date of:
Nominee's Name Court Congress Nomination Hearing Committee Motiona Final Action
th
107 09/12/2002 -- -- Returned 11/20/2002
Ludington, Thomas L. E.MI 108th 01/07/2003 -- -- Returned 12/08/2004
th
109 02/14/2005 05/02/2006 05/11/2006 Confirmed 06/08/2006
95th 11/21/1977 -- -- Returned 12/15/1977
Mazzone, David A. MA th
95 01/26/1978 02/07/1978 02/07/1978 Confirmed 02/07/1978
99th 10/29/1985 -- -- Returned 12/20/1985
McAvoy, Thomas A. N.NY th
99 01/29/1986 02/05/1986 02/27/1986 Confirmed 03/03/1986
100th 03/14/1988 08/09/1988 10/05/1988 Returned 10/22/1988
st
McGregor, James R. W.PA 101 10/15/1990 -- -- Returned 10/28/1990
102nd 01/08/1991 -- -- Returned 08/02/1991
th
98 09/11/1984 09/19/1984 09/28/1984 Returned 10/18/1984
Meredith, Ronald E. W.KY
99th 02/27/1985 -- 04/03/1985 Confirmed 04/03/1985
th
104 09/05/1996 -- -- Returned 10/04/1996
Middlebrooks, Donald M. S.FL
105th 01/07/1997 03/18/1997 04/17/1997 Confirmed 05/23/1997
th
104 07/19/1996 -- -- Returned 10/04/1996
Miller, Jeffrey T. S.CA
105th 01/07/1997 03/18/1997 04/17/1997 Confirmed 05/23/1997
th
107 07/10/2001 -- -- Returned 08/03/2001
Mills, Michael P. N.MS
107th 09/04/2001 09/13/2001 10/04/2001 Confirmed 10/11/2001
th
104 12/21/1995 03/27/1996 04/25/1996 Returned 10/04/1996
Mollway, Susan O. HI
105th 01/07/1997 02/04/1998 04/30/1998 Confirmed 06/22/1998
th
104 05/09/1996 06/25/1996 06/27/1996 Returned 10/04/1996
Morrow, Margaret M. C.CA
105th 01/07/1997 03/18/1997 06/12/1997 Confirmed 02/11/1998
CRS-40
Date of:
Nominee's Name Court Congress Nomination Hearing Committee Motiona Final Action
th
96 09/17/1980 -- -- Returned 12/16/1980
Nimmons, Ralph W., Jr. M.FL
102nd 05/23/1991 06/20/1991 06/27/1991 Confirmed 06/28/1991
th
105 04/29/1998 -- -- Returned 10/21/1998
Norton, Lynette W.PA
106th 01/26/1999 -- -- Returned 12/15/2000
th
107 07/18/2002 -- -- Returned 11/20/2002
Otero, S. James C.CA
108th 01/07/2003 01/29/2003 02/06/2003 Confirmed 02/10/2003
nd
102 09/24/1992 -- -- Returned 10/08/1992
O'Toole, George A., Jr. MA
104th 04/04/1995 05/04/1995 05/18/1995 Confirmed 05/25/1995
nd
102 09/17/1992 -- -- Returned 10/08/1992
N.E.W.O
Payne, James H. 107th 08/02/2001 -- -- Returned 08/03/2001
K
th
107 09/04/2001 10/04/2001 10/18/2001 Confirmed 10/23/2001
105th 05/11/1998 -- -- Returned 10/21/1998
Phillips, Virginia A. C.CA th
106 01/26/1999 10/26/1999 11/04/1999 Confirmed 11/10/1999
104th 08/02/1996 -- -- Returned 10/04/1996
Pratt, Robert W. S.IA th
105 01/07/1997 03/18/1997 04/17/1997 Confirmed 05/23/1997
102nd 06/02/1992 -- -- Returned 10/08/1992
th
Quarles, William D., Jr. MD 107 09/12/2002 -- -- Returned 11/20/2002
108th 01/07/2003 02/05/2003 02/27/2003 Confirmed 03/12/2003
th
99 10/03/1986 -- -- Returned 10/18/1986
Raggi, Reena E.NY
100th 01/20/1987 04/01/1987 04/29/1987 Confirmed 05/07/1987
th
107 08/02/2001 -- -- Returned 08/03/2001
Reeves, Danny C. E.KY
107th 09/04/2001 11/07/2001 11/29/2001 Confirmed 12/06/2001
CRS-41
Date of:
Nominee's Name Court Congress Nomination Hearing Committee Motiona Final Action
th
104 01/26/1996 -- -- Returned 10/04/1996
Rodriguez, Anabelle PR
105th 03/21/1997 10/01/1998 -- Returned 10/21/1998
th
98 09/17/1984 09/26/1984 -- Returned 10/18/1984
Rodriguez, Joseph H. NJ
99th 02/28/1985 04/17/1985 05/02/1985 Confirmed 05/03/1985
th
107 01/23/2002 -- -- Returned 11/20/2002
Rohlfing, Frederick W., III HI
108th 01/07/2003 -- -- Withdrawn 05/06/2004
th
108 04/28/2003 -- -- Returned 12/08/2004
Ryan, Daniel P. E.MI
109th 02/14/2005 -- -- Withdrawn 03/30/2006
th
104 12/19/1995 -- -- Returned 10/04/1996
Schattman, Michael D. N.TX
105th 03/21/1997 -- -- Withdrawn 07/31/1998
th
108 09/15/2004 11/16/2004 -- Returned 12/08/2004
Seabright, J. Michael HI
109th 02/14/2005 -- 03/17/2005 Confirmed 04/27/2005
th
99 10/23/1985 11/22/1985 -- Returned 12/20/1985
03/13/1986 Motion to report favorably
Sessions, Jefferson B., III S.AL 03/19/1986 (8-10), 06/05/1986
99th 01/29/1986 Motion to report without Withdrawn 07/31/1986
03/20/1986
recommendation (9-9),
05/06/1986 06/05/1986
nd
102 07/27/1992 -- -- Returned 10/08/1992
Seybert, Joanna E.NY
103rd 09/24/1993 11/09/1993 11/18/1993 Confirmed 11/20/1993
th
108 11/05/2003 -- -- Returned 12/08/2004
Sheridan, Peter G. NJ
109th 02/14/2005 04/25/2006 05/04/2006 Confirmed 06/08/2006
CRS-42
Date of:
Nominee's Name Court Congress Nomination Hearing Committee Motiona Final Action
th
95 11/22/1977 -- -- Returned 12/15/1977
Simmons, Paul A. W.PA
95th 01/26/1978 02/09/1978 04/05/1978 Confirmed 04/06/1978
103rd 09/22/1994 -- -- Returned 11/14/1994
Snodgrass, John D. N.AL
104th 01/11/1995 -- -- Withdrawn 09/05/1995
th
104 05/15/1996 -- -- Returned 10/04/1996
Snyder, Christina A. C.CA
105th 01/07/1997 07/22/1997 09/18/1997 Confirmed 11/07/1997
98th 06/28/1984 -- -- Returned 10/18/1984
10/29/1985
11/07/1985
Sporkin, Stanley DC
99th 04/05/1985 11/15/1985 12/12/1985 Confirmed 12/16/1985
11/20/1985
12/10/1985
th
96 06/02/1980 08/05/1980 -- Returned 12/16/1980
Sprizzo, John E. S.NY
97th 07/29/1981 09/15/1981 09/23/1981 Confirmed 09/25/1981
th
107 12/19/2001 -- -- Returned 11/20/2002
Stanceu, Timothy C. TRADE
108th 01/07/2003 02/12/2003 02/27/2003 Confirmed 03/06/2003
rd
103 09/14/1994 -- -- Returned 11/14/1994
Stein, Sidney H. S.NY
104th 01/11/1995 02/08/1995 02/23/1995 Confirmed 03/17/1995
th
104 09/29/1995 07/31/1996 -- Returned 10/04/1996
Sundram, Clarence J. N.NY
105th 01/07/1997 06/25/1997 -- Returned 10/21/1998
th
104 08/10/1995 -- -- Returned 10/04/1996
Tagle, Hilda G. S.TX
105th 03/21/1997 02/25/1998 03/05/1998 Confirmed 03/11/1998
CRS-43
Date of:
Nominee's Name Court Congress Nomination Hearing Committee Motiona Final Action
rd
103 10/05/1994 -- -- Returned 11/14/1994
Thornburg, Lacy H. W.NC
104th 01/11/1995 02/08/1995 02/23/1995 Confirmed 03/17/1995
th
104 05/16/1996 07/31/1996 -- Returned 10/04/1996
Thrash, Thomas W., Jr. N.GA
105th 01/07/1997 05/07/1997 05/22/1997 Confirmed 07/31/1997
nd
102 11/27/1991 -- -- Returned 10/08/1992
Trager, David G. E.NY
103rd 08/06/1993 11/09/1993 11/18/1993 Confirmed 11/20/1993
th
107 10/10/2002 -- -- Returned 11/20/2002
Varlan, Thomas A. E.TN
108th 01/07/2003 02/12/2003 03/06/2003 Confirmed 03/13/2003
th
97 12/16/1982 -- -- Returned 12/23/1982
Vukasin, John P., Jr. N.CA 98th 01/31/1983 06/22/1983 07/21/1983 Returned 08/04/1983
th
98 08/08/1983 -- 09/15/1983 Confirmed 09/20/1983
100th 12/19/1987 -- -- Returned 10/08/1992
st
Walker, Vaughn R. N.CA 101 02/28/1989 -- -- Returned 08/04/1989
101st 09/07/1989 11/09/1989 11/16/1989 Confirmed 11/22/1989
th
98 10/05/1984 -- -- Returned 10/18/1984
Walter, Donald E. W.LA
99th 05/15/1985 06/19/1985 06/20/1985 Confirmed 07/10/1985
nd
102 03/20/1992 -- -- Returned 10/08/1992
Walter, John F. C.CA
107th 01/23/2002 04/11/2002 04/18/2002 Confirmed 04/25/2002
th
107 06/20/2001 -- -- Returned 08/03/2001
Walton, Reggie B. DC
107th 09/04/2001 08/22/2001 09/06/2001 Confirmed 09/21/2001
st
101 09/21/1990 -- -- Returned 10/28/1990
Wanger, Oliver W. E.CA
102nd 01/08/1991 03/13/1991 03/21/1991 Confirmed 03/21/1991
CRS-44
Date of:
Nominee's Name Court Congress Nomination Hearing Committee Motiona Final Action
th
98 09/17/1984 09/26/1984 -- Returned 10/18/1984
Weber, Herman J. S.OH
99th 02/28/1985 -- 04/03/1985 Confirmed 04/03/1985
th
105 06/26/1997 05/14/1998 05/21/1998 Returned 10/21/1998
White, Ronnie L. E.MO Rejected (45-54),
106th 01/26/1999 -- 07/22/1999
10/05/1999
98th 10/05/1984 -- -- Returned 10/18/1984
Williams, Ann C. N.IL
99th 03/14/1985 03/26/1985 04/03/1985 Confirmed 04/03/1985
th
98 10/05/1984 -- -- Returned 10/18/1984
Wolf, Mark L. MA
99th 03/14/1985 03/20/1985 04/03/1985 Confirmed 04/03/1985
th
107 06/18/2001 -- -- Returned 08/03/2001
Wooten, Terry L. SC
107th 09/04/2001 08/27/2001b 11/08/2001 Confirmed 11/08/2001
th
98 09/11/1984 09/19/1984 09/28/1984 Returned 10/18/1984
Young, William G. MA
99th 03/14/1985 -- 04/03/1985 Confirmed 04/03/1985
Source: CRS Judicial Nominations Database.
a. Unless otherwise noted, committee action date is the date that the motion to report favorably carried.
b. The Senate Judiciary Committee held hearings in advance of the second nomination of Terry L. Wooten.
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