U.S. PresidentBarack Obamanominated over 400 individuals forfederal judgeshipsduring hispresidency.Of these nominations, Congress confirmed 329 judgeships, 173 during the 111th & 112th Congresses[1]and 156 during the 113th and 114th Congresses.[2]
Republicans successfully blocked some confirmations, either byfilibusteror voting againstcloture,even while the Democratic caucus held a Senate majority (2009–2015). SenatorChuck Grassley,then-ranking Republican on the judiciary, said that more nominees could have been considered if not for the January 2012National Labor Relations Boardrecess appointments;[3]the Supreme Court later unanimously ruled these January 2012 appointments illegal inNLRB v. Noel Canning.[4]
In response, Senate Majority LeaderHarry Reidinvoked the so-called parliamentarynuclear optionon November 21, 2013, which changed the Senate's confirmation threshold for all executive nominees except for the Supreme Court.[5]While Senate confirmations of Obama judicial nominees rose in 2014 following the "nuclear option," the greatest number of rejection of Obama nominees occurred following the2014 United States Senate elections,where the Republicans gained nine seats and majority control of the chamber. Obama ultimately nominated 70 individuals for 104 differentfederal judgeshipsduring this Congress, with 20 confirmations.[6]
With the death ofAntonin Scaliain February 2016 in the beginning of apresidential election year,the Republican majority in the Senate made it their stated policy to refuse to consider any nominee to theSupreme Court,arguing that the next president should be the one to appoint Scalia's replacement.[7]Obama nominatedMerrick Garlandfor the open Supreme Court seat, but the Senate did not consider the nomination.
List of unsuccessful federal judicial nominations
editObama made 80 nominations for federal judgeships that were not confirmed by the Senate. Of these, 7 were withdrawn by Obama, while the other 73 expired at an adjournment of the Senate, including 54 that were pending at the close of the114th Congress.As of December 4, 2023, 23 of his unsuccessful nominees had been nominated to federal judgeships by subsequent presidents, with 22 of them having been confirmed.
Nominee | Court | Nomination date |
Date of final action |
Final action | Subsequent federal judicial nominations | Seat filled by | Ref. |
---|---|---|---|---|---|---|---|
Supreme Court | |||||||
Merrick Garland | SCOTUS | March 16, 2016 | January 3, 2017 | returned to the president | Neil Gorsuch | [8] | |
Courts of appeals | |||||||
Robert N. Chatigny | 2nd Cir. | February 24, 2010 | September 13, 2010 | returned to the president | Christopher F. Droney | [9][10] | |
Goodwin Liu | 9th Cir. | February 24, 2010 | July 29, 2011 | withdrawn by Pres. Obama | Jacqueline Nguyen | [11][12][13] | |
Edward C. DuMont | Fed. Cir. | April 14, 2010 | January 5, 2011 | withdrawn by Pres. Obama | Richard G. Taranto | [14][15] | |
Victoria F. Nourse | 7th Cir. | July 14, 2010 | January 5, 2011 | returned to the president | Michael B. Brennan | [16][17] | |
Caitlin Halligan | D.C. Cir. | September 29, 2010 | March 22, 2013 | withdrawn by Pres. Obama | Patricia Millett | [18][19][20][21] | |
Stephen Six | 10th Cir. | March 9, 2011 | January 3, 2012 | returned to the president | Nancy Moritz | [22] | |
Donald Karl Schott | 7th Cir. | January 12, 2016 | January 3, 2017 | returned to the president | Michael B. Brennan | [23] | |
Myra C. Selby | 7th Cir. | January 12, 2016 | January 3, 2017 | returned to the president | Amy Coney Barrett | [24] | |
Jennifer Klemetsrud Puhl | 8th Cir. | January 28, 2016 | January 3, 2017 | returned to the president | Ralph R. Erickson | [25] | |
Abdul Kallon | 11th Cir. | February 11, 2016 | January 3, 2017 | returned to the president | Kevin Newsom | [26] | |
Lucy Koh | 9th Cir. | February 25, 2016 | January 3, 2017 | returned to the president | 9th Cir.(nominated September 20, 2021, confirmed December 13, 2021) | Daniel P. Collins | [27] |
Rebecca Ross Haywood | 3rd Cir. | March 15, 2016 | January 3, 2017 | returned to the president | Stephanos Bibas | [28] | |
Lisabeth Tabor Hughes | 6th Cir. | March 17, 2016 | January 3, 2017 | returned to the president | Amul Thapar | [29] | |
District courts | |||||||
Louis B. Butler | W.D. Wis. | September 30, 2009 | January 3, 2012 | returned to the president | James D. Peterson | [30][31][32][33] | |
Charles Bernard Day | D. Md. | July 21, 2010 | January 5, 2011 | withdrawn by Pres. Obama | George L. Russell III | [34][35] | |
Michael Green | W.D.N.Y. | January 26, 2011 | January 3, 2012 | returned to the president | Frank P. Geraci Jr. | [36] | |
Natasha Perdew Silas | N.D. Ga. | January 26, 2011 | January 3, 2012 | returned to the president | Mark Howard Cohen | [37] | |
Linda T. Walker | N.D. Ga. | January 26, 2011 | January 3, 2012 | returned to the president | Leigh Martin May | [38] | |
Arvo Mikkanen | N.D. Okla. | February 2, 2011 | January 3, 2012 | returned to the president | John E. Dowdell | [39] | |
Elissa F. Cadish | D. Nev. | February 16, 2012 | January 4, 2013 | withdrawn by Pres. Obama | Richard Boulware II | [40][41] | |
William L. Thomas | S.D. Fla. | November 14, 2012 | January 4, 2013 | returned to the president | Robin L. Rosenberg | [42][43] | |
Jennifer Prescod May-Parker | E.D.N.C. | June 20, 2013 | January 6, 2014 | returned to the president | Richard E. Myers II | [44][45] | |
Alison Renee Lee | D.S.C. | June 26, 2013 | January 6, 2014 | withdrawn by Pres. Obama | A. Marvin Quattlebaum Jr. | [46][47] | |
Michael P. Boggs | N.D. Ga. | December 19, 2013 | January 6, 2014 | returned to the president | Michael Lawrence Brown | [48][49] | |
Mary Barzee Flores | S.D. Fla. | February 26, 2015 | January 3, 2017 | returned to the president | Rodney Smith | [50] | |
Julien Neals | D.N.J. | February 26, 2015 | January 3, 2017 | returned to the president | D.N.J.(nominated April 19, 2021, confirmed June 8, 2021) | Evelyn Padin | [51] |
Edward L. Stanton III | W.D. Tenn. | May 21, 2015 | January 3, 2017 | returned to the president | Tommy Parker | [52] | |
Mark A. Young | C.D. Cal. | July 16, 2015 | January 3, 2017 | returned to the president | Stanley Blumenfeld | [53] | |
Susan Paradise Baxter | W.D. Pa. | July 30, 2015 | January 3, 2017 | returned to the president | W.D. Pa.(nominated December 20, 2017, confirmed August 28, 2018) | Herself | [54] |
Inga S. Bernstein | D. Mass. | July 30, 2015 | January 3, 2017 | returned to the president | Angel Kelley | [55] | |
Gary R. Brown | E.D.N.Y. | July 30, 2015 | January 3, 2017 | returned to the president | E.D.N.Y.(nominated May 15, 2018, confirmed December 19, 2019) | Himself | [56] |
Robert J. Colville | W.D. Pa. | July 30, 2015 | January 3, 2017 | returned to the president | W.D. Pa.(nominated March 5, 2019, confirmed December 19, 2019) | Marilyn Horan | [57] |
Marilyn Horan | W.D. Pa. | July 30, 2015 | January 3, 2017 | returned to the president | W.D. Pa.(nominated December 20, 2017, confirmed September 6, 2018) | Peter J. Phipps | [58] |
Dax Eric López | N.D. Ga. | July 30, 2015 | January 3, 2017 | returned to the president | Michael Lawrence Brown | [59] | |
John Milton Younge | E.D. Pa. | July 30, 2015 | January 3, 2017 | returned to the president | E.D. Pa.(nominated July 17, 2018, confirmed July 31, 2019) | Himself | [60] |
Clare E. Connors | D. Haw. | September 8, 2015 | January 3, 2017 | returned to the president | Jill Otake | [61] | |
Stephanie A. Gallagher | D. Md. | September 8, 2015 | January 3, 2017 | returned to the president | D. Md.(nominated June 11, 2018, confirmed September 11, 2019) | Herself | [62] |
Mary S. McElroy | D.R.I. | September 8, 2015 | January 3, 2017 | returned to the president | D.R.I.(nominated April 12, 2018, confirmed September 11, 2019) | Herself | [63] |
Paul Lewis Abrams | C.D. Cal. | December 16, 2015 | January 3, 2017 | returned to the president | John W. Holcomb | [64] | |
Suzanne Mitchell | W.D. Okla. | December 16, 2015 | January 3, 2017 | returned to the president | Patrick Wyrick | [65] | |
Scott L. Palk | W.D. Okla. | December 16, 2015 | January 3, 2017 | returned to the president | W.D. Okla.(nominated May 8, 2017, confirmed October 26, 2017) | Himself | [66] |
Ronald G. Russell | D. Utah | December 16, 2015 | January 3, 2017 | returned to the president | Howard C. Nielson Jr. | [67] | |
Winfield D. Ong | S.D. Ind. | January 12, 2016 | January 3, 2017 | returned to the president | James R. Sweeney II | [68] | |
Terrence J. Campbell | D. Kan. | January 28, 2016 | January 3, 2017 | returned to the president | Holly Teeter | [69] | |
Stephanie A. Finley | W.D. La. | February 4, 2016 | January 3, 2017 | returned to the president | Michael J. Juneau | [70] | |
Claude J. Kelly III | E.D. La. | February 4, 2016 | January 3, 2017 | returned to the president | Barry Ashe | [71] | |
Donald W. Beatty | D.S.C. | February 25, 2016 | January 3, 2017 | returned to the president | A. Marvin Quattlebaum Jr. | [72] | |
Donald C. Coggins Jr. | D.S.C. | February 25, 2016 | January 3, 2017 | returned to the president | D.S.C.(nominated August 3, 2017, confirmed November 16, 2017) | Himself | [73] |
David Counts | W.D. Tex. | March 15, 2016 | January 3, 2017 | returned to the president | W.D. Tex.(nominated September 11, 2017, confirmed January 11, 2018) | Himself | [74] |
E. Scott Frost | N.D. Tex. | March 15, 2016 | January 3, 2017 | returned to the president | James Wesley Hendrix | [75] | |
James Wesley Hendrix | N.D. Tex. | March 15, 2016 | January 3, 2017 | returned to the president | N.D. Tex.(nominated January 17, 2019, confirmed July 30, 2019) | Karen Gren Scholer | [76] |
Irma Carrillo Ramirez | N.D. Tex. | March 15, 2016 | January 3, 2017 | returned to the president | 5th Cir.(nominated April 17, 2023, confirmed December 4, 2023) | Ada Brown | [77] |
Karen Gren Scholer | E.D. Tex. | March 15, 2016 | January 3, 2017 | returned to the president | N.D. Tex.(nominated September 7, 2017, confirmed March 5, 2018) | Sean D. Jordan | [78] |
Kathleen Marie Sweet | W.D.N.Y. | March 15, 2016 | January 3, 2017 | returned to the president | John Sinatra | [79] | |
David Nye | D. Idaho | April 5, 2016 | January 3, 2017 | returned to the president | D. Idaho(nominated May 8, 2017, confirmed July 12, 2017) | Himself | [80] |
Beth M. Andrus | W.D. Wash. | April 14, 2016 | January 3, 2017 | returned to the president | Lauren J. King | [81] | |
J. Michael Diaz | W.D. Wash. | April 14, 2016 | January 3, 2017 | returned to the president | John H. Chun | [82] | |
Kathleen M. O'Sullivan | W.D. Wash. | April 14, 2016 | January 3, 2017 | returned to the president | PresidentTrumpannounced intention to re-nominate[83][84]but never did so[85] | Tana Lin | [86] |
Patricia D. Barksdale | M.D. Fla. | April 28, 2016 | January 3, 2017 | returned to the president | Wendy Berger | [87] | |
Todd E. Edelman | D.D.C. | April 28, 2016 | January 3, 2017 | returned to the president | D.D.C.(nominated September 27, 2022, returned January 3, 2024) | Carl J. Nichols | [88] |
William F. Jung | M.D. Fla. | April 28, 2016 | January 3, 2017 | returned to the president | M.D. Fla.(nominated December 21, 2017, confirmed September 6, 2018) | Himself | [89] |
Philip R. Lammens | N.D. Fla. | April 28, 2016 | January 3, 2017 | returned to the president | T. Kent Wetherell II | [90] | |
Florence Y. Pan | D.D.C. | April 28, 2016 | January 3, 2017 | returned to the president | D.D.C.(nominated June 15, 2021, confirmed September 23, 2021) D.C. Cir.(nominated May 25, 2022, confirmed September 20, 2022) |
Dabney L. Friedrich | [91] |
Regina M. Rodriguez | D. Colo. | April 28, 2016 | January 3, 2017 | returned to the president | D. Colo.(nominated April 19, 2021, confirmed June 8, 2021) | Daniel D. Domenico | [92] |
Patricia Timmons-Goodson | E.D.N.C. | April 28, 2016 | January 3, 2017 | returned to the president | Richard E. Myers II | [93] | |
Anne Traum | D. Nev. | April 28, 2016 | January 3, 2017 | returned to the president | D. Nev.(nominated November 3, 2021, confirmed March 23, 2022) | Herself | [94] |
Abid Riaz Qureshi | D.D.C. | September 6, 2016 | January 3, 2017 | returned to the president | Timothy J. Kelly | [95] | |
Diane Gujarati | E.D.N.Y. | September 13, 2016 | January 3, 2017 | returned to the president | E.D.N.Y.(nominated May 15, 2018, confirmed September 10, 2020) | Herself | [96] |
Court of International Trade | |||||||
Jeanne E. Davidson | Intl. Trade | September 8, 2014 | January 7, 2015 | returned to the president | M. Miller Baker | [97][98] | |
Elizabeth J. Drake | Intl. Trade | July 30, 2015 | January 3, 2017 | returned to the president | Timothy M. Reif | [99] | |
Article I courts | |||||||
Gloria Wilson Shelton | Vet. Cl. | June 22, 2011 | January 24, 2012 | withdrawn by Pres. Obama | Margaret Bartley | [100] | |
Nancy B. Firestone | Fed. Cl. | April 10, 2014 | January 7, 2015 | returned to the president | Ryan T. Holte | [101][102] | |
Thomas L. Halkowski | Fed. Cl. | April 10, 2014 | January 7, 2015 | returned to the president | David A. Tapp | [103][104] | |
Armando Bonilla | Fed. Cl. | May 21, 2014 | January 7, 2015 | returned to the president | Fed. Cl.(nominated July 13, 2021, confirmed December 18, 2021) | Himself | [105][106] |
Patricia M. McCarthy | Fed. Cl. | May 21, 2014 | January 7, 2015 | returned to the president | Matthew H. Solomson | [107][108] | |
Jeri Somers | Fed. Cl. | May 21, 2014 | January 7, 2015 | returned to the president | Richard Hertling | [109][110] | |
Elizabeth A. Copeland | T.C. | May 4, 2015 | January 3, 2017 | returned to the president | T.C.(nominated August 3, 2017, confirmed August 28, 2018) | Patrick J. Urda | [111] |
Vik Edwin Stoll | T.C. | November 9, 2015 | January 3, 2017 | returned to the president | Elizabeth A. Copeland | [112] | |
Article IV courts | |||||||
Frances Tydingco-Gatewood | D. Guam | May 18, 2016 | January 3, 2017 | returned to the president | TBD | [113] |
Nomination of Merrick Garland to the Supreme Court
editFollowing the death of Associate Justice of the Supreme CourtAntonin Scaliain February 2016, President Obama nominatedMerrick Garlandto fill Scalia's seat on the Supreme Court. At the time of his nomination, Garland was the Chief Judge of theUnited States Court of Appeals for the District of Columbia Circuit.Scalia's death led to an unusual situation in which aDemocraticpresident had the opportunity to appoint a Supreme Court nominee while theRepublicanscontrolled the United States Senate; before Scalia's death; such a situation last occurred when a Senate Republican majority confirmedGrover Cleveland's nomination ofRufus Wheeler Peckhamin 1895.[114]While Garland himself was not personally controversial, Scalia was considered one of the moreconservativemembers of the Supreme Court. Political and legal commentators noted that a moreliberalreplacement could shift the Court's ideological balance for many years into the future, as the confirmation of Garland would have given Democratic appointees a majority on the Supreme Court for the first time since theHarry Blackmun's confirmation in 1970.[115]
Following Scalia's death, Republican Senate leaders announced that they did not plan to consider anySupreme Court nominationduring the president's last year in office, citing the upcoming2016 United States presidential election.[116]Senate Democrats argued that there was sufficient time to vote on a nominee before the election.[117]Garland's nomination ultimately expired on January 3, 2017, with the end of the114th Congress.The nomination remained before the Senate for 293 days,[118]the longest such nomination in American historySupreme Court nomination.[119]
On January 31, 2017,PresidentDonald Trumpannounced his selection of JudgeNeil Gorsuchfor the open Supreme Court seat. Gorsuch was confirmed on April 7, 2017, by a Republican-majority Senate, 54–45[120]and sworn in on April 10, 2017.[121]
Failed, stalled or filibustered appellate nominations
editFailed nominations
edit- United States Court of Appeals for the Second Circuit
- Robert Chatigny(ofConnecticut), toseatvacated byGuido Calabresi:during the111th Congress,Connecticut SenatorChris Doddrecommended Chatigny for a judgeship on the Second Circuit,[122]and he was nominated by President Obama on February 24, 2010.[123]Critics of Chatigny's nomination highlighted his controversial performance during the trial ofserial killerMichael Bruce Ross,for whom Chatigny granted a temporarystay of execution.[124]In addition, opponents cited a 2001 ruling declaring that a sex offender registration system violated a convict's civil rights and right to privacy, a ruling that drew bipartisan condemnation.[125]His nomination was returned by the Senate on August 5, 2010, and Dodd, his main sponsor, did not seek reelection to the U.S. Senate that year. Chatigny removed his name from consideration[126]and was not renominated.[122]Obama ultimately chose U.S. District JudgeChristopher F. Droneyto fill the seat, and the Senate confirmed Droney without opposition on November 28, 2011.[127]
- United States Court of Appeals for the Ninth Circuit
- Goodwin Liu(ofCalifornia), to newly createdseat:Liu was nominated on February 24, 2010.[123]His nomination was returned by the Senate on August 5, 2010.[128]Liu had faced opposition from Republicans who described him as an "extreme liberal" because of his outspoken support ofsame-sex marriageandaffirmative action,[128]and his 2008 article advocating for Constitutional protection of welfare benefits.[129][130]He was also denounced for his personal criticism of the Supreme Court nominations ofJohn RobertsandSamuel Alito,[131]and his consideration as a possible Supreme Court candidate.[131]Liu was renominated at the start of the 112th Congress. On May 17, 2011, Senate Majority LeaderHarry Reidfiled forclotureon Liu's nomination, with 60 votes needed to proceed to a floor vote on Liu's nomination; the cloture motion attracted only 52 of the 60 aye votes required. On May 25, 2011, Liu wrote to Obama requesting that his nomination be withdrawn due to the improbability that he would receive a floor vote.[132]On July 26, 2011, GovernorJerry Brownnominated Liu to a seat on theSupreme Court of California,[133]and he was sworn in on September 1, 2011.[134]Obama nominatedU.S. District JudgeJacqueline Nguyento the Ninth Circuit seat to which Liu had been nominated,[135]and the Senate confirmed her without opposition on May 7, 2012.[136]
- United States Court of Appeals for the Federal Circuit
- Edward C. DuMont:DuMont was nominated to the Federal Circuit on April 14, 2010.[137]If confirmed, DuMont would have been the firstopenly gayUnited States appeals courtjudge.[138]The Senate Judiciary Committee did not schedule a hearing on the nomination despite holding hearings and votes for two later nominees to the same court. A spokesperson for Senator Chuck Grassley, the ranking Republican on the committee, said in August 2011 only that "There are questions in Mr. DuMont's background investigation that have to be resolved."[139]In November 2011, the National Law Journal reported that DuMont had submitted a letter to President Obama, asking that the president withdraw his nomination because one or more senators of the minority party on the Committee refused to allow the committee to give him a hearing; Obama withdrew DuMont's nomination later that day.[140]In November 2011, Obama nominatedRichard G. Tarantoto the seat to which DuMont had been nominated, and the Senate confirmed him without opposition on March 11, 2013.
- United States Court of Appeals for the Seventh Circuit
- Victoria F. Nourse(ofWisconsin), to aseatvacated byTerence T. Evans:Nourse, a former counsel for the U.S. Senate Judiciary Committee, was recommended by SenatorRuss Feingold[141]After defeating Senator Feingold in the2010 midterm elections,newly elected SenatorRon Johnsonblocked Nourse's nomination.[142]Nourse was not renominated. Obama nominated Donald Karl Schott, who was approved by the Judiciary Committee but did not receive a vote on the floor. The seat was ultimately filled in 2018 by PresidentTrumpnomineeMichael B. Brennan.
- Myra C. Selby(ofIndiana), to aseatvacated byJohn Daniel Tinder:Selby, the first black American and the first woman appointed to theIndiana Supreme Court,[143]was nominated by President Obama on January 12, 2016.[144]Republican SenatorDan Coatsblue slippedthe nomination, and the nomination stalled out in the Judiciary Committee.[145]The seat was ultimately filled in 2017 byTrumpnomineeAmy Coney Barrett,[146]who would laterjoin the Supreme Courtfollowing the death ofRuth Bader Ginsburg.
- United States Court of Appeals for the Tenth Circuit
- Stephen Six(ofKansas), toseatvacated byDeanell Reece Tacha.[147]Former Kansas Attorney General Six was opposed by both home state senators. Republicans claimed that he was a liberal extremist who would substitute his personal opinions for the law and the Constitution. Six's critics strongly condemned his conduct in a 2008 investigation of physicianGeorge Tiller,who was charged with performing illegal late-term abortions. Six was accused of improperly quashing a subpoena for Tiller's patient records.[148]Based on this criticism, the Senate Judiciary Committee did not act upon the nomination, and it was returned to the president on December 17, 2011, pursuant to the rules of the Senate.[149]President Obama later choseKansas Supreme CourtJusticeNancy Moritzto fill the seat to which Six had been nominated, and the Senate easily confirmed Moritz on May 5, 2014.[150]
- United States Court of Appeals for the District of Columbia Circuit
- Caitlin Halligan(ofNew York), toseatvacated byJohn Roberts:[151]on September 29, 2010, President Obama nominated New York Solicitor Halligan. Her argument that "gun manufacturers, wholesalers, and retailers contributed to a 'public nuisance' of illegal handguns in the state [of New York],"[152]prompted critics to claim that she was a liberal ideologue who would not uphold theSecond Amendmentand would base rulings on personal opinion rather than the law. Halligan's nomination failed to reach the threshold for cloture.[153]Obama renominated Halligan to the D.C. Circuit in June 2012,[154]The nomination was again returned to the President on August 3, 2012, and Obama renominated Halligan to the seat for a third time on September 19, 2012.[155]On March 22, 2013, the President officially withdrew Halligan's nomination.[156]On June 4, 2013, Obama nominatedPatricia Millettto fill the vacancy, and the Senate confirmed her on December 10, 2013.
Successful appointments
edit- United States Court of Appeals for the Seventh Circuit
- David Hamilton(ofIndiana), toseatvacated byKenneth Francis Ripple:Hamilton was nominated on March 17, 2009.[157]Prior to President Obama's successful appointment of Hamilton, PresidentGeorge W. BushhadunsuccessfullynominatedPhilip P. Simonto succeed Judge Ripple, who assumedsenior statusin September 2008. Hamilton's nomination generated opposition from groups who objected to some of his rulings while serving as a judge on theU.S. District Court for the Southern District of Indiana,particularly those dealing with abortion and prayer.[158]However, Hamilton received the support of bothSenators from Indiana,[159]including Republican SenatorRichard Lugar.[160]On November 17, 2009, theUnited States Senateinvoked cloture on his nomination by a 70–29 vote.[161]Hamilton was confirmed on November 19, 2009, by a 59–39 vote. Lugar was the only Republican to vote for the confirmation of Hamilton.[162]
- United States Court of Appeals for the Third Circuit
- Patty Shwartz(ofNew Jersey), toseatvacated byMaryanne Trump Barry:New Jersey Democratic SenatorBob Menendezdid not return hisblue slip,which effectively blocked the nomination.[163]In January 2012,The New York Timesreported that Senator Menendez did not provide a reason for the blue slip, noting that Shwartz long had been in a relationship with the head of the New Jersey federal prosecutor's public corruption unit which investigated Menendez during the2006 United States Senate election in New Jersey,an investigation that Menendez contended was politically motivated.[163]On January 13, 2012, Menendez dropped his opposition to Shwartz's nomination,[164]and the Judiciary Committee reported her nomination to the floor of the Senate by a 10–6 vote. On January 2, 2013, her nomination was returned to the President due to thesine dieadjournment of the Senate.[165]On January 3, 2013, she was renominated. Her nomination was reported to the floor by the Senate Judiciary Committee on February 14, 2013, by a 11–7 vote,[166]and the Senate confirmed her nomination on April 9, 2013, by a 64–34 vote.[167]
- United States Court of Appeals for the Ninth Circuit
- Andrew D. Hurwitz(ofArizona), toseatvacated byMary M. Schroeder:In a 2002 law review article, Hurwitz wrote that he had helped create, and still admires, the legal framework for JudgeJon O. Newman's opinion striking down Connecticut's abortion law in 1972 prior toRoe v. Wade.[168]While Hurwitz's home-state senators supported his nomination, other Republican senators objected to it.[169]The Senate invoke cloture on his nomination on June 11, 2012, by a 60–31 vote.[170]Hurwitz was confirmed on June 12, 2012, by avoice vote.[171]
- United States Court of Appeals for the Tenth Circuit
- Robert E. Bacharach(ofOklahoma), toseatvacated byRobert Harlan Henry.AUnited States magistrate judgeof theUnited States District Court for the Western District of Oklahomasince 1999, Bacharach's nomination failed to receive enough votes to invoke cloture.[172]While Republicans had no objection to Bachrach himself, they contended that the consideration of his nomination came too late in a presidential election year, citing the informalThurmond Rule.[173]After President Obama's re-election, Bacharach was confirmed on February 25, 2013, by a 93–0 vote.[174]
- United States Court of Appeals for the Eleventh Circuit
- Adalberto Jordan(ofFlorida), toseatvacated bySusan H. Black.While Republicans did not have specific objections to the nomination, Republican senators, such asMike Lee,objected to Obama's nominations during this time period in response to recess appointments made in January 2012, to the National Labor Relations Board.[175]On February 9, 2012, Senator Harry Reid motioned to invoke cloture on Jordan's nomination, which was invoked on February 13, 2012, by an 89–5 vote.[176]The Senate confirmed Jordan on February 15, 2012, by a 94–5 vote.[177]
- Jill A. Pryor,to the United States Court of Appeals for the Eleventh Circuit. Originally nominated February 16, 2012, to seat vacated byStanley F. Birch.Georgia's two Republican senators,Johnny IsaksonandSaxby Chambliss,refused to return their blue slips, thus blocking her nomination.[178]In September 2013, it was reported that a deal was in the works between the White House and the senators to ensure a hearing on Pryor’s nomination and to fill the other district court vacancies within Georgia, thus upsetting those in the Georgia's Democratic delegation.[179]On June 19, 2014, her nomination was reported out of committee by voice vote. On July 30, 2014, Senator Harry Reid motioned to invoke cloture on Pryor's nomination. On July 31, 2014, theUnited States Senateinvoked cloture on Pryor's nomination by a 58–33 vote.[180]On September 8, 2014, her nomination was confirmed by a 97–0 vote.[181]
- United States Court of Appeals for the District of Columbia Circuit
- Patricia Millett,Cornelia Pillard,andRobert L. Wilkinstoseatsvacated byJohn G. Roberts Jr.,Douglas H. Ginsburg,andDavid B. Sentelle,respectively: in November 2013, Republicans opposed the confirmation of three nominees to the D.C. Circuit Court of Appeals, citing the caseload while accusing President Obama of "court packing,"[182]evoking PresidentFranklin D. Roosevelt'sJudicial Procedures Reform Bill of 1937.[183]This set of objections resulted in Senate Majority Leader Harry Reid invoking the so-called parliamentarynuclear optionon November 21, 2013, which changed the Senate's confirmation threshold for all executive nominees except for the Supreme Court.[5]Millet was confirmed on December 10, 2013, by a 56–38 vote.[184]Pillard was confirmed on December 11, 2013, by a 51–44 vote.[185]Wilkins was confirmed on January 13, 2014, by a 55–43 vote.[186]The confirmations marked the first time the U.S. Court of Appeals for the D.C. Circuit had a full complement of judges sinceClarence Thomasleft the court on October 23, 1991, upon his elevation to the Supreme Court.
Failed, stalled or filibustered district court nominations
editFailed nominations
edit- United States District Court for the Western District of Wisconsin
- Louis B. Butler:Butler unsuccessfully ran for theWisconsin Supreme Courtin 2000 and lost by a wide margin.[187]He was appointed to the Wisconsin Supreme Court in 2004, but narrowly lost the2008 election to retain the seat.[188]On September 30, 2009, President Obama nominated Butler to serve on the District Court. Critics argued that Butler should not be appointed to the federal bench after having been twice rejected by the voters of his state,[188]and labeled him as liberal ideologue who was hostile toward tough criminal sentences and the rights of gun owners.[189]He was also criticized for a ruling which effectively overturned the state's limits on non-economic damages in medical malpractice suits and a ruling in which he supported "collective liability" in lead paint cases in which companies could be held liable for products that they didn't produce, leading to charges of being overly beholden to trial lawyers.[190]Wisconsin SenatorRon Johnson,elected in 2010, immediately placed a hold on Butler's nomination once he took office in 2011, and the Senate returned Butler's nomination to the White House in December 2011 without consideration. On November 7, 2013, Obama nominatedJames D. Petersonto fill this vacancy, and he was confirmed overwhelmingly on May 8, 2014.
- United States District Court for the District of Maryland
- Charles Bernard Day:Day, aU.S. magistrate judgein Maryland, was initially nominated in July 2010, but his nomination was withdrawn by President Obama on October 31, 2011. Day did not receive a hearing in the Judiciary Committee. SenatorChuck Grassleystated that Committee members had "insurmountable concerns" about matters raised during a background investigation of Day, adding that Day "is aware of those problems and is free to share that information if he so desires."[191]In November 2011, Obama nominatedBaltimoreCircuit CourtJudgeGeorge Levi Russell IIIto fill this vacancy, and he was confirmed on May 14, 2012.
- United States District Court for the Western District of New York
- Michael Charles Green:Green, then theMonroe CountyDistrict Attorney in western New York, was nominated on January 26, 2011. The nomination was reported out of the Senate Judiciary Committee, but the nomination stalled in the Senate and was returned to the president at the end of 2011. In follow-up questions to his hearing testimony, several Republican senators focused on Green's decision to seek drug treatment rather than jail for some offenders, while others queried Green about his views on the death penalty. On December 18, 2011, a White House spokesman told a local newspaper that President Obama would not renominate Green to the seat.[192]"Mike Green would have made an outstanding judge, and it is very unfortunate not only for him, but for a strong judiciary, that partisan politics stood in the way," SenatorChuck Schumersaid in a statement on December 18, 2011. On December 19, 2011, Green said at a press conference that he blamed local opposition on his failed judicial nomination, as a result of his prosecution of public corruption.[193]In May 2012, Obama nominated longtimeRochesterjudgeFrank Paul Geraci, Jr.to fill thisvacancy, and he was confirmed unanimously on December 13, 2012.
- United States District Court for the Northern District of Oklahoma
- Arvo Mikkanen:Mikkanen was nominated following a recommendation from DemocraticGovernorBrad Henry.[194]His nomination was immediately met with opposition from members ofOklahoma's congressional delegation,with RepublicanSenatorsJames InhofeandTom Coburnand DemocraticRepresentativeDan Borenexpressing disappointment that they were not consulted on the nomination.[195][196]Opposition to Mikkanen's nomination centered around procedural grounds,[195][196]and President Obama ultimately nominated then-federal magistrate judgeJohn E. Dowdellto fill the vacancy. The Senate confirmed Dowdell unanimously on December 11, 2012.
- United States District Court for the Northern District of Georgia
- Natasha Perdew Silas: Georgia's two Republican senators,Johnny IsaksonandSaxby Chambliss,opposed Silas, a staff attorney at theFederal Public Defenderprogram for Northern Georgia, for reasons which they declined to discuss publicly. As a result, Silas did not receive a hearing before the Senate Judiciary Committee.[197]Her nomination was returned to Obama on December 17, 2011. On December 19, 2013, Obama nominatedMark Howard Cohento fill this vacancy. He was confirmed on November 18, 2014.
- Linda T. Walker: Originally nominated on January 26, 2011. Her nomination expired when it was returned to the President on December 17, 2011. On December 19, 2013, Obama nominatedLeigh Martin Mayto fill this vacancy. She was confirmed without opposition on November 13, 2014.
- Michael P. Boggs:Originally nominated on December 19, 2013, to the seat expected to be vacated by JudgeJulie E. Carnes,who was nominated toUnited States Court of Appeals for the Eleventh Circuiton the same day.David Scott,U.S. Representative from Georgia's 13th district, criticized the nomination of Boggs because of Boggs' votes in the legislature to retain Confederate insignia in the state flag of Georgia, restrict abortion, and ban same-sex marriage.[198]Boggs was nominated as part of a group of nominees that won approval of Georgia's U.S. senators, to allow votes on their nominations.[198]He received a hearing before the Senate Judiciary Committee on May 13, 2014, but his nomination was not reported from committee. On December 30, 2014, Senator Chambliss revealed that he had been advised in late November by White House chief of staffDenis McDonoughthat Boggs would not be renominated.[199]On July 30, 2015, the President nominated judge Dax Eric López to the vacancy.
- Dax Eric López: On July 30, 2015, President Obama nominatedDeKalb CountyCircuit CourtJudge López to serve as a Federal judge, to the seat vacated byJulie E. Carnes,who was elevated to theUnited States Court of Appeals for the Eleventh Circuit.[200]SenatorDavid Perdueannounced that he would not return Lopez's blue slip due to the treatment by Democrats of the prior nominee,Michael P. Boggs,effectively killing Lopez's nomination.[201]The seat was later filled by Trump nomineeMichael Lawrence Brown.
- United States District Court for the District of Nevada
- Elissa F. Cadish:On February 16, 2012, President Obama nominated Cadish, aClark CountyDistrict Court Judge, to be a judge for the United States District Court for the District of Nevada.[202]She would have replacedPhilip M. Prowho took senior status in 2011. BecauseSenator Hellerhad refused to return his blue slip, the Senate Judiciary Committee did not hold a hearing on her nomination. Heller's opposition to her nomination and his invocation of "senatorial courtesy"was because of a statement by Cadish indicating that she believed that there was no individual right to keep and bear arms, a statement which was made in 2008, prior to Supreme Court decisions explicitly recognizing an individual right to keep and bear arms.[203]On March 8, 2013, Cadish requested that President Obama withdraw her nomination, and on March 13, 2013, Obama formally withdrew the nomination.[204]On January 16, 2014, Obama nominatedRichard F. Boulwareto fill this vacancy, and he was confirmed on June 10, 2014.
- United States District Court for the Southern District of Florida
- William L. Thomas:On November 14, 2012, President Obama nominatedDade County Circuit Court JudgeThomas to a seat on the U.S. District Court for the Southern District of Florida[205]to replaceAdalberto Jordan.[206]If confirmed, Thomas would have been the first openly gay black male to serve as a federal judge.[207]On January 2, 2013, his nomination was returned to the President, due to the sine die adjournment of the Senate. On January 3, 2013, he was renominated to the same office. On September 19, 2013, SenatorMarco Rubioannounced that – although originally he recommended Thomas to the President – he would not return his blue slip.[208]His nomination was returned to the President because of the sine die adjournment of Congress on January 3, 2014. Obama decided not to resubmitt the nomination a third time.[209]Palm Beach County Circuit Court JudgeRobin L. Rosenbergwas nominated to the seat on February 26, 2014, and she was confirmed on July 22, 2014.
- United States District Court for the District of South Carolina
- Alison Renee Lee:ARichland CountyCircuit CourtJudge since 1999, Lee was originally nominated on June 26, 2013, to the seat being vacated byCameron McGowan Currie,who took senior status on October 3, 2013.[210]South Carolina SenatorsLindsey GrahamandTim Scottopposed her nomination because of a controversial decision that she made involving burglary suspect Lorenzo Young. Lee consolidated his bonds and reduced the bond total from $225,000 to $175,000 for Young, who subsequently was released and then later charged in a July 1 murder.[211][212]Because of opposition from her home state senators and no opportunity of receiving a committee hearing, on September 18, 2014, Obama withdrew her nomination.[213]The seat was filled in 2019 by Trump nomineeA. Marvin Quattlebaum Jr.
- United States District Court for the Eastern District of North Carolina
- Jennifer Prescod May-Parker: Originally nominated June 20, 2013, to the seat vacated byMalcolm Jones Howard,she did not receive a hearing. SenatorRichard Burrdid not return his blue slip.[214]Her nomination was returned on December 16, 2014, because of the adjournment of the 113th Congress. President Obama chose not to renominate her. The seat was later filled by Trump nomineeRichard E. Myers II.
- United States District Court for the District of Kansas
- Terrence J. Campbell: On January 28, 2016, President Obama nominated Campbell to serve as a judge of the United States District Court for the District of Kansas, to the seat vacated byKathryn H. Vratil,who took senior status on April 22, 2014.[215]Campbell generated no controversy, but his nomination was not acted upon. On December 7, 2016, Campbell, in letters to Obama and Kansas SenatorsPat RobertsandJerry Moran,requested that his name be withdrawn from further consideration.[216]His nomination expired on January 3, 2017, at the end of the 114th Congress. The seat was later filled by Trump nomineeHolly Lou Teeter.
- United States District Court for the District of Utah
- Ronald G. Russell: On December 16, 2015, President Obama nominated formerCentervilleMayor Russell to serve on theUnited States District Court for the District of Utah,to the seat vacated byTed Stewart,who took senior status on September 1, 2014.[217]Russell, a Republican, had the support of Utah SenatorsOrrin HatchandMike Lee.Russell received a hearing before the Senate Judiciary Committee on April 20, 2016, and was approved without objection on May 19. However, Russell's nomination stalled on the floor, due to the blockade on confirmations imposed by Senate Majority LeaderMitch McConnell,and Democratic objections to expediting Russell's nomination without confirming longer-pending Democrats. Without floor action, Russell's nomination was returned to the White House unconfirmed on January 3, 2017.[218]The seat was later filled by Trump nomineeHoward C. Nielson Jr.
Successful nominations
edit- United States District Court for the District of Rhode Island
- John J. McConnell, Jr.:McConnell was first nominated on March 10, 2010.[219]McConnell had donated hundreds of thousands of dollars to Democratic campaigns, including over eight thousand each to the campaigns ofRhode Island SenatorsJack ReedandSheldon Whitehouse.[219]McConnell's critics contended that his prolific political contributions suggest that McConnell would be apartisanjudge.[220]On May 4, 2011, the Senate invoked cloture on McConnell's nomination in a 63–33 vote, and he was confirmed later that same day in a 50–44 vote.[221]At the time, the cloture petition to break the filibuster marked one of the rare instances that such a motion had been required to force a vote on a district court nominee, with only three prior instances recorded.[222]
- United States District Court for the Northern District of California
- Edward M. Chen:Chen faced opposition due to his work as an attorney for theACLU.[128][223]On May 5, 2011, Senator Harry Reid receivedunanimous consentfrom the Senate to proceed to an executive session of the Senate at a future time, eliminating the need to file for cloture on Chen's nomination.[224]On May 10, 2011, Chen was confirmed by a 56–42 vote.
- United States District Court for the District of Arizona
- Rosemary Márquez:On June 23, 2011, President Obama nominated Marquez, aTucsondefense attorney, to the federal court in Arizona. However, Arizona's two Republican senators,John McCainandJon Kyl,refused to return their blue slips.[225]McCain said that he did not believe that Marquez was qualified, telling a newspaper, "I've been working with Sen. Kyl, but we do not feel at this time that she's qualified."[226]On January 28, 2014, the Senate Judiciary Committee held a hearing on her nomination as well as five other individuals nominated to the same court. She was confirmed on May 15, 2014, by a vote of 81–15.
- United States District Court for the Eastern District of Missouri
- Ronnie L. White:On November 7, 2013, President Obama nominated Missouri Supreme Court Justice White to serve on the United States District Court for the Eastern District of Missouri.[227]White had previously been nominated for the same position by PresidentBill Clintonin 1997, but the nomination was defeated.[228]The nomination drew controversy, as Republicans charged White as being a liberal ideologue who was biased in favor of criminal defendants. He received a hearing before the United States Senate Judiciary Committee on May 20, 2014.[229]On June 19, 2014, his nomination was reported out of committee by a vote of 10–8.[230]On July 16, 2014, the Senate voted 54–43 for cloture on White's nomination, ending a Republican-led filibuster. Later that same day, senators voted 53–44 to confirm White.[231]
Impacts of vacancies
editA 2016 study found that the current rate of federal judicial vacancies (10 percent) had led prosecutors to dismiss more cases and had led defendants to be more likely to plead guilty and less likely to be incarcerated.[232]The authors found that "the current rate of vacancies has resulted in 1,000 fewer prison inmates annually compared to a fully-staffed court system, a 1.5 percent decrease."[232]
Nominations that were made at the end of Obama's term and later renominated
editSuccessful renominations
edit- United States District Court for the District of Colorado
- Regina M. Rodriguez:On April 28, 2016, PresidentBarack Obamanominated Rodriguez to serve as a United States District Judge of the United States District Court for the District of Colorado, to the seat vacated by JudgeRobert E. Blackburn,who tooksenior statuson April 12, 2016. Ramirez generated little controversy, but her nomination expired on January 3, 2017, with the end of the114th Congress,with Trump nomineeDaniel D. Domenicobeing appointed instead.[233]On April 19, 2021, PresidentJoe Bidenrenominated Rodriguez to the seat vacated by JudgeMarcia S. Krieger,who tooksenior statuson March 3, 2019.[234]On June 8, 2021, her nomination was confirmed by a U.S. Senate vote of 72–28.
- United States District Court for the District of Columbia
- Florence Y. Pan:On April 28, 2016, PresidentBarack Obamanominated Pan to serve as a United States District Judge of the United States District Court for the District of Columbia, to the seat vacated by JudgeReggie Walton,who tooksenior statuson December 31, 2015.[235]Pan was recommended by theAmerican Bar Associationand generated no controversy. On July 13, 2016, a hearing on her nomination was held before theUnited States Senate Committee on the Judiciary.[236]On September 15, 2016, her nomination was reported out of committee byvoice vote.Her nomination expired on January 3, 2017, with the end of the114th Congress,with Trump nomineeDabney L. Friedrichbeing appointed instead. On March 30, 2021, PresidentJoe Bidenannounced his intent to nominate Pan to serve as aUnited States district judgefor theUnited States District Court for the District of Columbia.[237]On June 15, 2021, her nomination was sent to the Senate. President Biden nominated Pan to the seat vacated by JudgeKetanji Brown Jackson,who was nominated to serve as a Circuit Judge for the D.C. Circuit.[238]On September 23, 2021, the Senate confirmed her nomination by a vote of 68–30.[239]
- United States District Court for the Middle District of Florida
- William F. Jung:On April 28, 2016, President Obama nominated Jung to serve as a judge of the United States District Court for the Middle District of Florida, to the seat vacated byAnne C. Conway,who took senior status on August 1, 2015. Jung had been previously nominated for the same court by PresidentGeorge W. Bushin 2008, but the nomination was not acted upon by Senate Democrats, with Obama nomineeCharlene Honeywellbeing appointed to that seat instead. Like before, his nomination drew no controversy. For this 2016 nomination, the American Bar Association Standing Committee on the Federal Judiciary rated Jung unanimously "Well Qualified."[240]In spite of this, his nomination expired on January 3, 2017, with the end of the 114th Congress.[241]On December 21, 2017, he was nominated a third time by President Trump.[242]On February 14, 2018, a hearing on his nomination was held.[243]On March 15, 2018, his nomination was reported out of committee by voice vote.[244]On September 6, 2018, his nomination was confirmed by voice vote.[245]
- United States District Court for the District of Idaho
- David Nye:On the recommendation of SenatorsMike CrapoandJim Risch,President Obama nominated state Appellate Judge Nye on April 5, 2016, to serve as a judge of the United States District Court for the District of Idaho.[246][247]Nye was nominated to the seat vacated byEdward Lodge,who took senior status on July 3, 2015. The Senate Judiciary Committee held a hearing on June 21, 2016.[248]On July 14, 2016, his nomination was reported out of committee by voice vote.[249]His nomination expired on January 3, 2017, with the end of the 114th Congress. Senators Crapo and Risch indicated that if Nye was not confirmed in the 114th Congress, then they would recommend him to President Trump for renomination in the115th Congress.[250]He was subsequently renominated by Trump in 2017, and his nomination was confirmed unanimously on July 12, 2017.
- United States District Court for the District of Maryland
- Stephanie A. Gallagher:On September 8, 2015, President Obama nominated Gallagher to serve as a judge of theUnited States District Court for the District of Maryland,to the seat vacated byWilliam D. Quarles Jr.,who took senior status on February 1, 2016.[251]She received a hearing before the Senate Judiciary Committee on April 20, 2016.[252]On May 19, 2016, her nomination was reported out of committee by voice vote.[253]Her nomination expired on January 3, 2017, with the end of the 114th Congress. On June 7, 2018, President Trump announced his intent to renominate Gallagher to the same seat.[254]On June 11, 2018, her nomination was sent to the Senate.[255]On October 11, 2018, her nomination was reported out of committee by a 20–1 vote.[256]On January 3, 2019, her nomination was returned to the President underRule XXXI, Paragraph 6of theUnited States Senate.[257]On April 8, 2019, Trump announced the renomination of Gallagher.[258]On May 21, 2019, her nomination was sent to the Senate.[259]On September 11, 2019, her nomination was confirmed by a voice vote.
- United States District Court for the District of Nevada
- Anne Traum:On April 28, 2016, PresidentBarack Obamanominated Traum to serve as a United States district judge of the United States District Court for the District of Nevada, to the seat vacated by JudgeRobert Clive Jones,who tooksenior statuson February 1, 2016. Her nomination expired on January 3, 2017, with the end of the114th Congress.[260]On November 3, 2021, PresidentJoe Bidenannounced his intent to nominate Traum to serve as a United States district judge of theUnited States District Court for the District of Nevada.[261][262]On December 15, 2021, a hearing on her nomination was held before theSenate Judiciary Committee.[263]On January 3, 2022, her nomination was returned to the President underRule XXXI, Paragraph 6of theUnited States Senate;and she was later renominated the same day. On March 23, 2022, theUnited States Senateconfirmed her nomination by a 49–47 vote.
- United States District Court for the District of New Jersey
- Julien Xavier Neals:In 2015, Obama nominated Neals to be aUnited States district judgeto the seat vacated by JudgeFaith S. Hochberg,who retired on March 6, 2015. His nomination generated no controversy and the U.S. Senate Judiciary Committee voted to approve the nomination on avoice vote.However, the full U.S. Senate never acted upon the nomination. The seat would eventually be filled by Biden nomineeEvelyn Padin.On March 30, 2021, PresidentJoe Bidenrenominated Neals to the seat vacated byWilliam J. Martini,who tooksenior statuson February 10, 2015.[264]On June 8, 2021, his nomination was confirmed by a U.S. Senate vote of 66–33.
- United States District Court for the Eastern District of New York
- Gary R. Brown:On July 30, 2015, President Obama nominated Brown to serve as a judge of theUnited States District Court for the Eastern District of New York,to the seat vacated bySandra J. Feuerstein,who assumed senior status on January 21, 2015.[265]He received a hearing before the Senate Judiciary Committee on October 21, 2015.[266]Brown generated no controversy and on November 5, 2015, his nomination was reported out of committee by voice vote.[267]His nomination expired on January 3, 2017, at the end of the 114th Congress. In August 2017, Brown was one of several candidates pitched by the White House to U.S. senators from New YorkChuck SchumerandKirsten Gillibrandas judicial candidates for vacancies on the federal courts in New York.[268]On May 10, 2018, President Trump announced his intent to renominate Brown to the same seat. On May 15, 2018, his nomination was sent to the Senate. On September 13, 2018, his nomination was reported out of committee by a 21–0 vote.[269]On January 3, 2019, her nomination was returned to the President underRule XXXI, Paragraph 6of theUnited States Senate.[257]On April 8, 2019, Trump announced the renomination of Brown to the same seat.[258]On May 21, 2019, his nomination was sent to the Senate.[259]On December 19, 2019, his nomination was confirmed byvoice vote.
- Diane Gujarati:On September 13, 2016, President Obama nominated Gujarati to serve as a judge of the United States District Court for the Eastern District of New York, to the seat vacated byJohn Gleeson,who resigned on March 9, 2016. No one objected to Gujarti, but her nomination came late in a Presidential election year and was not acted upon. Her nomination expired on January 3, 2017, with the end of the 114th Congress.[270]In August 2017, Gujarati was one of several candidates pitched to New York senatorsChuck SchumerandKirsten Gillibrandby the White House as judicial candidates for vacancies on the federal courts in New York.[268]On May 10, 2018, President Trump announced his intent to renominate Gujarati to the same seat. On May 15, 2018, her nomination was sent to the Senate. On August 1, 2018, a hearing on her nomination was held before the Senate Judiciary Committee.[271]On September 13, 2018, her nomination was reported out of committee by a 21–0 vote.[269]On January 3, 2019, her nomination was returned to the President underRule XXXI, Paragraph 6of theUnited States Senate.[257]On April 8, 2019, Trump announced the renomination of Gujarati.[258]On May 21, 2019, her nomination was sent to the Senate.[259]On September 10, 2020, her nomination was confirmed by a U.S. Senate vote of 99–0.[272]Gujarati is the first Indian American to serve as an Article III federal judge in New York.[273]
- United States District Court for the Western District of Oklahoma
- Scott L. Palk:An Assistant Dean of Students at theUniversity of Oklahoma College of Law,Palk's nomination was the result of a compromise between President Obama and Oklahoma's home-state Senators. On December 16, 2015, Obama nominated Palk to serve as a judge of theUnited States District Court for the Western District of Oklahoma,to the seat vacated byStephen P. Friot,who took senior status on December 1, 2014. He received a hearing before the Senate Judiciary Committee on April 20, 2016.[274]On May 19, 2016, his nomination was reported out of committee by voice vote.[275]His nomination expired on January 3, 2017, with the end of the 114th Congress. On May 8, 2017, he was renominated by President Trump, and his nomination was confirmed on October 26, 2017, by a vote of 79–16.[276]
- United States District Court for the Eastern District of Pennsylvania
- John Milton Younge:On July 30, 2015, President Obama nominated longtime state Appeals Judge Younge to serve as a judge of the United States District Court for the Eastern District of Pennsylvania, to the seat vacated byMary A. McLaughlin,who assumed senior status on November 18, 2013.[265]He received a hearing before the Senate Judiciary Committee on December 9, 2015.[277]His nomination expired on January 3, 2017, with the end of the 114th Congress. On July 13, 2018. President Trump announced his intent to renominate Younge to the same seat.[278]On July 17, 2018, his nomination was sent to the Senate.[279]On July 31, 2019, theSenateconfirmed his nomination byvoice vote.
- United States District Court for the Western District of Pennsylvania
- Susan Paradise Baxter:On July 30, 2015, President Obama nominated Baxter to serve as a judge on the United States District Court for the Western District of Pennsylvania, to the seat vacated bySean J. McLaughlinwho resigned on August 16, 2013.[265]She received a hearing on December 9, 2015.[277]On January 28, 2016, her nomination was reported out of committee by voice vote.[280]Her nomination expired on January 3, 2017, with the end of the 114th Congress. On December 20, 2017, her renomination to the same seat was announced by President Trump and sent to the Senate.[281]On February 15, 2018, the Senate Judiciary Committee voted to support her nomination on a voice vote.[282]On August 28, 2018, her nomination was confirmed by voice vote.[283]
- Marilyn Horan:On July 30, 2015, President Obama nominated Judge Horan to serve as a judge of the United States District Court for the Western District of Pennsylvania, to the seat vacated byTerrence F. McVerry,who assumed senior status on September 30, 2013.[265]She received a hearing on December 9, 2015.[277]On January 28, 2016, her nomination was reported out of committee by voice vote.[280]Her nomination expired on January 3, 2017, with the end of the 114th Congress, with Trump nomineePeter J. Phippsbeing appointed to the seat instead. On December 20, 2017, her renomination to the same court was announced by President Trump and sent to the Senate.[281]She was nominated to the seat vacated byGary L. Lancaster,who died on April 24, 2013.[284]On February 15, 2018, the Senate Judiciary Committee voted to support her nomination on a voice vote.[282]On September 6, 2018, her nomination was confirmed by voice vote.[285]
- Robert J. Colville:On July 30, 2015, President Obama nominated Colville to the seat vacated due to the death of JudgeGary L. Lancaster,on April 24, 2013.[265]He received a hearing before theSenate Judiciary Committeeon December 9, 2015.[277]His nomination expired on January 3, 2017, with the end of the114th Congress,with fellow former Obama nomineeMarilyn Horanbeing appointed instead. On March 1, 2019, President Trump announced his intent to nominate Colville to serve as aUnited States district judgefor theUnited States District Court for the Western District of Pennsylvania.[286]On March 5, 2019, his nomination was sent to the Senate. President Trump nominated Colville to the seat vacated byArthur J. Schwab,who tooksenior statuson January 1, 2018.[287]On May 9, 2019, his nomination was reported out of committee by a 15–7 vote.[288]On December 19, 2019, his nomination was confirmed by a vote of 66–27.
- United States District Court for the District of Rhode Island
- Mary S. McElroy:On September 8, 2015, President Obama nominated McElroy to serve as a judge of the United States District Court for the District of Rhode Island, to the seat vacated byMary M. Lisi,who took senior status on October 1, 2015.[251]She received a hearing before the Senate Judiciary Committee on December 9, 2015.[277]On January 28, 2016, her nomination was reported out of committee by voice vote.[280]Her nomination expired on January 3, 2017, with the end of the 114th Congress. On April 10, 2018, President Trump announced his intent to renominate McElroy to the same seat.[289]On April 12, 2018, her nomination was sent to the Senate.[290]On October 11, 2018, her nomination was reported out of committee by a 19–2 vote.[256]On January 3, 2019, her nomination was returned to the President underRule XXXI, Paragraph 6of theUnited States Senate.On April 8, 2019, Trump announced the renomination of McElroy.[258]On May 21, 2019, her nomination was sent to the Senate.[259]On September 11, 2019, her nomination was confirmed by a voice vote.
- United States District Court for the District of South Carolina
- Donald C. Coggins Jr.:On February 25, 2016, President Obama nominated Coggins to serve as a judge of theUnited States District Court for the District of South Carolina,to the seat vacated byJoseph F. Anderson,who took senior status on November 16, 2014.[291]On June 21, 2016, a hearing was held on his nomination.[292]On July 14, 2016, his nomination was reported out of committee by voice vote.[293]His nomination expired on January 3, 2017, with the end of the 114th Congress. On August 3, 2017, President Trump renominated Coggins to the same seat. His nomination was reported out of committee by voice vote on September 14, 2017.[294]On November 16, 2017, his nomination was confirmed by a vote of 96–0.[295]
- United States District Court for the Eastern District of Texas
- Karen Gren Scholer:On March 15, 2016, President Obama nominated formerDallas CountyJudge Scholer to serve as a judge of theUnited States District Court for the Eastern District of Texas,to the seat vacated byRichard A. Schell,who took senior status on March 10, 2015.[296]Scholer was nominated with the support of Texas's two senators, both Republicans, in a compromise. On September 7, 2016, a hearing was held on her nomination. Her nomination expired on January 3, 2017, with the end of the 114th Congress, with Trump nomineeSean D. Jordanbeing appointed instead. On September 7, 2017, President Trump nominated her to serve on theUnited States District Court for the Northern District of Texas,to the seat vacated byJorge Antonio Solis,who retired on May 1, 2016.[297]On October 26, 2017, her nomination was reported out of committee by voice vote.[298]On March 5, the Senate confirmed her in a 95–0 vote.[299]
- United States District Court for the Northern District of Texas
- James Wesley Hendrix:On March 15, 2016, President Obama nominated Hendrix to serve as a judge of the United States District Court for the Northern District of Texas, to the seat vacated byJorge Antonio Solis,who retired on May 1, 2016.[300]On September 7, 2016, a hearing was held on his nomination.[301]His nomination expired on January 3, 2017, with the end of the 114th Congress, with fellow former Obama nomineeKaren Gren Scholerbeing appointed instead. On January 16, 2019, President Trump announced his intent to renominate Hendrix to the same court.[302]On January 17, 2019, his nomination was sent to the Senate. Trump nominated Hendrix to the seat on theUnited States District Court for the Northern District of Texasvacated bySamuel Ray Cummings,who took senior status on December 31, 2014.[303]On July 30, 2019, his nomination was confirmed by a vote of 89–1.
- United States District Court for the Western District of Texas
- Walter David Counts III:On March 15, 2016, President Obama nominated U.S. Magistrate Judge Counts to serve as a judge of the United States District Court for the Western District of Texas, to the seat vacated byRobert A. Junell,who took senior status on February 13, 2015.[304]Counts was selected as a compromise between the Obama White House and the state's two U.S. senators, both Republicans. On September 7, 2016, a hearing was held on his nomination.[305]While Counts generated no controversy, the nomination expired on January 3, 2017, with the end of the 114th Congress. On September 7, 2017, President Trump renominated Counts to the same seat.[306]On October 26, 2017, his nomination was reported out of committee by voice vote.[307]On January 11, 2018, the Senate voted to confirm Counts by a vote of 96–0.[308]
See also
editReferences
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- ^Margasak, Larry (February 15, 2012)."Senate confirms Cuban-born judge to 11th Circuit".New York Daily News.Associated Press.Archivedfrom the original on December 3, 2020.RetrievedDecember 3,2020.
- ^Nelson, Steven (June 26, 2014)."Obama Recess Appointments Illegal, Supreme Court Finds".US News & World Report.Archivedfrom the original on December 18, 2020.RetrievedDecember 16,2020.
- ^ab"Obama supports Senate's nuclear option to end some filibusters".cnn.com.Archived fromthe originalon January 12, 2017.RetrievedJanuary 20,2017.
- ^"Fact-check: Why Barack Obama failed to fill over 100 judgeships".Politifact.Archivedfrom the original on February 16, 2021.RetrievedAugust 9,2021.
- ^Gresko, Jessica (February 14, 2016)."Scalia's death in office a rarity for modern Supreme Court".Associated Press.Archived fromthe originalon February 16, 2016.RetrievedFebruary 15,2016.
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