Donald Trump judicial appointment controversies explained

Donald Trump, President of the United States from 2017 to 2021, entered office with a significant number of judicial vacancies,[1] [2] including a Supreme Court vacancy due to the death of Antonin Scalia in February 2016. During the first eight months of his presidency, he nominated approximately 50 judges, a significantly higher number than any other recent president had made by that point in his presidency.[3] By June 24, 2020, 200 of his Article III nominees had been confirmed by the United States Senate.[4] According to multiple media outlets, Trump significantly impacted the composition of the Supreme Court and lower courts during his tenure.[5] [6] [7] [8] [9]

, the American Bar Association (ABA) had rated 220 of Trump's nominees. Of these nominees, 187 were rated "well-qualified," 67 were rated "qualified," and 10 were rated "not qualified."[10] Seven of the nine individuals rated as "not qualified" were confirmed by the Senate.[11]

According to Vox's Ian Millhiser, "There’s no completely objective way to measure legal ability, but a common metric used by legal employers to identify the most gifted lawyers is whether those lawyers secured a federal clerkship, including the most prestigious clerkships at the Supreme Court. Approximately 40 percent of Trump’s appellate nominees clerked for a Supreme Court justice, and about 80 percent clerked on a federal court of appeals. That compares to less than a quarter of Obama’s nominees who clerked on the Supreme Court, and less than half with a federal appellate clerkship. In other words, based solely on objective legal credentials, the average Trump appointee has a far more impressive résumé than any past president’s nominees."[12] As of July 2020, the judges appointed by Trump are "85% white and 76% male; less than 5% are African-American,” as a result of which the federal judiciary has become "less diverse" compared to previous administrations, according to an analysis by The Conversation.[13]

List of unsuccessful federal judicial nominations

Trump made 46 nominations for federal judgeships that were not confirmed by the Senate. Of these, 6 were withdrawn by President Trump, 32 expired at an adjournment of the Senate, and 8 were withdrawn by President Joe Biden after he took office.

NomineeCourtNomination
date		ABA
rating
[14] 		Date of
final action		Final actionSubsequent federal
judicial nominations		Seat filled byRef.
Courts of appeals
9th Cir.withdrawn by Pres. TrumpDanielle J. Forrest[15] [16]
5th Cir.returned to the presidentCory T. Wilson
1st Cir.withdrawn by Pres. BidenGustavo Gelpí[17]
District courts
E.D.N.C.returned to the presidentRichard E. Myers II[18] [19]
M.D. Ala.returned to the presidentAndrew L. Brasher[20]
E.D. Tex.returned to the presidentSean D. Jordan[21]
D.D.C.returned to the presidentCarl J. Nichols[22]
E.D. Wis.returned to the presidentBrett H. Ludwig[23]
E.D. Okla.
N.D. Okla.
W.D. Okla.		returned to the presidentJohn F. Heil III[24]
D. Alaskareturned to the presidentJoshua Kindred[25]
N.D.N.Y.withdrawn by Pres. TrumpAnne M. Nardacci[26] [27]
C.D. Cal.returned to the presidentHernán D. Vera[28] [29] [30]
S.D. Cal.withdrawn by Pres. TrumpTodd W. Robinson[31]
W.D. Mich.withdrawn by Pres. TrumpHala Y. Jarbou[32]
D.N.M.returned to the presidentMargaret Strickland[33]
D. Conn.returned to the presidentOmar A. Williams[34]
S.D. Miss.withdrawn by Pres. TrumpTaylor B. McNeel[35] [36]
S.D. Cal.returned to the presidentLinda Lopez[37] [38]
C.D. Cal.returned to the presidentMaame Ewusi-Mensah Frimpong[39] [40]
S.D. Cal.returned to the presidentJinsook Ohta[41] [42]
C.D. Cal.returned to the presidentSherilyn Peace Garnett[43] [44]
S.D. Cal.returned to the presidentRuth Bermudez Montenegro[45] [46]
C.D. Cal.returned to the presidentKenly Kiya Kato[47] [48]
S.D. Cal.returned to the presidentRobert S. Huie[49] [50]
D. Nev.returned to the presidentCristina D. Silva[51] [52]
S.D.N.Y.returned to the presidentDale Ho[53] [54]
E.D.N.Y.returned to the presidentNusrat Jahan Choudhury[55]
S.D.N.Y.returned to the presidentHerself[56]
E.D. Cal.returned to the presidentAna de Alba[57]
M.D. Ala.withdrawn by Pres. BidenTBD[58] [59]
E.D. Cal.returned to the presidentJennifer L. Thurston[60]
D.N.M.returned to the presidentMargaret Strickland[61]
D.N.M.returned to the presidentMatthew L. Garcia[62]
E.D.N.Y.returned to the presidentHimself[63]
N.D.N.Y.returned to the presidentAnne M. Nardacci[64]
E.D.N.Y.returned to the presidentNina Morrison[65]
Court of International Trade
Intl. Tradewithdrawn by Pres. BidenLisa Wang[66] [67]
Article I courts
Fed. Cl.returned to the presidentRichard Hertling[68]
Fed. Cl.returned to the presidentEdward H. Meyers[69]
T.C.withdrawn by Pres. BidenKashi Way[70] [71] [72] [73]
Fed. Cl.withdrawn by Pres. TrumpArmando O. Bonilla[74] [75]
Fed. Cl.withdrawn by Pres. BidenMolly Silfen[76] [77] [78]
Fed. Cl.withdrawn by Pres. BidenZachary Somers
Carolyn N. Lerner		[79] [80] [81]
Fed. Cl.withdrawn by Pres. BidenArmando O. Bonilla[82] [83]
Article IV courts
D. Guamwithdrawn by Pres. BidenTBD[84] [85]

Supreme Court

Confirmed nominees

Supreme Court of the United States

Appellate nominees

Failed nominees

United States Court of Appeals for the First Circuit

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Ninth Circuit

Confirmed nominees

United States Court of Appeals for the Second Circuit

United States Court of Appeals for the Fourth Circuit

United States Court of Appeals for the Fifth Circuit

On August 28, 2019, Trump announced his intent to nominate Wilson to serve as a United States district judge for the United States District Court for the Southern District of Mississippi. On October 15, 2019, his nomination was sent to the Senate. Trump nominated Wilson to the seat vacated by Judge Louis Guirola Jr., who assumed senior status on March 23, 2018.[146] On January 3, 2020, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate.[147] On January 6, 2020, his renomination was sent to the Senate.[148] A hearing on his nomination before the Senate Judiciary Committee was held on January 8, 2020.[149] During his confirmation hearing, Wilson's past comments on social media about President Barack Obama, Hillary Clinton and Alexandria Ocasio-Cortez were scrutinized, as well as his previous stances as a state legislator regarding abortion, LGBT rights, the Affordable Care Act,[150] [151] and voting rights. On May 4, 2020, Trump withdrew Wilson's nomination to the district court and nominated him to a seat on the United States Court of Appeals for the Fifth Circuit that was vacated by Judge E. Grady Jolly, who assumed senior status on October 3, 2017. On June 24, 2020, his nomination was confirmed by a 52–48 vote.[152] Taylor B. McNeel was later nominated to the district court seat in Wilson's place and subsequently confirmed.

United States Court of Appeals for the Sixth Circuit

United States Court of Appeals for the Seventh Circuit

United States Court of Appeals for the Eighth Circuit

United States Court of Appeals for the Ninth Circuit

United States Court of Appeals for the Eleventh Circuit

District court nominees

Failed nominees

United States District Court for the Middle District of Alabama

In September 2017, he was nominated by Trump to fill a vacancy on the United States District Court for the Middle District of Alabama.[218] His nomination drew controversy due to his lack of courtroom or judicial experience, partisan personal blogging, and failure to disclose that he was married to Ann Donaldson, the Chief of Staff to White House Counsel Don McGahn. He became the third judicial nominee since 1989 to receive a unanimous rating of "not qualified" from the American Bar Association.[219] On December 13, 2017, Talley withdrew his name from consideration for the appointment.[220] On January 3, 2018, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate.[221] Trump later nominated Andrew L. Brasher in Talley's place, and Brasher was confirmed on May 1, 2019.

On May 20, 2020, the Trump White House announced that it would nominate state Solicitor General LaCour to be a Judge on the District Court.[222] The nomination drew objections from Democrats and progressives, claiming that LaCour was partisan and ideologically biased, noting his past clients and membership in the Federalist Society. In response, Senator Doug Jones refused to turn in the blue slip consenting to LaCour's nomination.

United States District Court for the District of Alaska

United States District Court for the Eastern District of Texas

On September 7, 2017, Trump nominated Mateer to serve as a United States District Judge of the United States District Court for the Eastern District of Texas, to the seat vacated by Judge Richard A. Schell, who assumed senior status on March 10, 2015.[226] Mateer was recommended to the White House by Senators John Cornyn and Ted Cruz.[227] After Mateer's remarks about transgender kids being part of "Satan's plan" and his support for conversion therapy were publicized in late September 2017, John Cornyn, a Republican Senator from Texas and Senate Majority Whip, expressed skepticism about Mateer's suitability to sit on the federal bench.[228] Cornyn and members of a committee that screens Texas judicial candidates said that Mateer had not disclosed the statements.[227] Senator Cruz said that he still supported Mateer's nomination.[229] On December 14, 2017, Mateer withdrew himself from consideration.[220] On January 3, 2018, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate. Trump later nominated Sean D. Jordan in Mateer's place, and Jordan was confirmed on July 30, 2019.

United States District Court for the District of Columbia

on September 7, 2017, Trump nominated Federal Election Commissioner Petersen to serve as a United States District Judge of the United States District Court for the District of Columbia, to the seat vacated by Judge Richard W. Roberts, who assumed senior status on March 16, 2016.[230] On December 13, 2017, during his confirmation hearing before the Senate Judiciary Committee[231] [232] Senator John Neely Kennedy (R-LA) questioned Petersen about legal procedure,[233] asking if Petersen knew what the Daubert standard was, and what a motion in limine was. He was unable to answer.[234] [235] Petersen's answers received criticism in the press and from lawmakers. The New York Times described it as one of the "more painful Senate hearings in recent memory."[234] [235] Petersen withdrew himself from consideration on December 16, 2017.[236] [237] On January 3, 2018, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate. Trump later nominated Carl J. Nichols in Petersen's place, and Nichols was confirmed on May 22, 2019.

United States District Court for the Northern District of New York

On October 10, 2018, Trump announced his intent to nominate Marcelle to serve as a Judge of the United States District Court for the Northern District of New York. Marcelle was nominated to the seat on the United States District Court for the Northern District of New York vacated by Judge Gary L. Sharpe, who assumed senior status on January 1, 2016. On November 13, 2018, his nomination was sent to the U.S. Senate. On January 3, 2019, Marcelle's nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate. On January 23, 2019, Trump announced that he had renominated Marcelle. On August 29, 2019, Marcelle had withdrawn his name from consideration after his nomination was blocked by U.S. Sen. Kirsten Gillibrand due to his perceived opposition to abortion.[238] The White House officially withdrew his nomination on September 19, 2019.[239] Trump later nominated Ryan T. McAllister in Marcelle's place.

United States District Court for the Eastern District of North Carolina

On July 13, 2017, Trump nominated Farr to serve as a United States District Judge of the United States District Court for the Eastern District of North Carolina, to the seat vacated by Judge Malcolm Jones Howard, who assumed senior status on December 31, 2005.[241] On September 20, 2017, a hearing on his nomination was held before the Senate Judiciary Committee.[242] On October 19, 2017, his nomination was reported out of committee by an 11–9 vote.[243] On January 3, 2018, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate.[221] On January 5, 2018, Trump announced his intent to renominate Farr to a federal judgeship.[244] On January 8, 2018, his renomination was sent to the Senate.[245] On January 18, 2018, his nomination was reported out of committee by an 11–10 vote.[144] On November 28, 2018, the Senate invoked cloture on his nomination by a 51–50 vote, with Vice President Mike Pence casting the tie-breaking vote.[246] The following day, Republican senators Jeff Flake of Arizona and Tim Scott of South Carolina opposed to his nomination, joined all 49 Democratic senators who opposed his nomination as well, all assuring that his nomination will be rejected.[247] Farr's nomination was opposed by the Congressional Black Caucus due to Farr's role as a lawyer defending North Carolina voting restrictions which were struck down by a court as racially biased. During his Senate confirmation hearing, Farr said that he disagreed with the 4th Circuit panel's ruling and that "at the time our clients enacted those laws, I do not believe that they thought that were purposefully discriminating against African Americans." He said that if he is confirmed to the federal judiciary, he would follow the 4th Circuit's ruling.[248] [249] In 2019, the White House did not renominate Farr. Trump later nominated Richard E. Myers II in Farr's place, and Myers was confirmed on December 5, 2019.

United States District Court for the Eastern District of Wisconsin

Northern, Eastern, and Western Districts of Oklahoma

On April 10, 2018, Trump nominated O'Connor to serve as a United States District Judge for the United States District Courts of Northern, Eastern, and Western districts of Oklahoma. He was nominated to the seat vacated by Judge James H. Payne, who assumed senior status on August 1, 2017.[253] On July 11, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.[254] During his hearings Senator Kamala Harris said the Judiciary Committee should not have moved forward with O'Connor's nomination before the ABA released its rating.[255] On August 21, 2018, the American Bar Association rated O'Connor "not qualified."[256] Two complaints about O'Connor had been filed with the Oklahoma Bar Association, although neither complaint resulted in public discipline and he remains an attorney in good standing.[257] He was not renominated in 2019, and withdrew his name for consideration for re-nomination on April 12, 2019. Trump later nominated John F. Heil III in O'Connor's place, and Heil was confirmed on May 20, 2020.

United States District Court for the Western District of Michigan

United States District Court for the District of New Mexico

On May 29, 2019, Trump announced his intent to nominate Sweazea to serve as a United States district judge for the United States District Court for the District of New Mexico. On June 12, 2019, his nomination was sent to the Senate. Trump nominated Sweazea to the seat vacated by Judge Robert C. Brack, who assumed senior status on July 25, 2018.[259] On October 29, 2019 it was announced that Sweazea withdrew his nomination after New Mexico's two senators, Tom Udall and Martin Heinrich, withdrew their initial support for him.[260] His nomination was returned on January 3, 2020. Trump later nominated Fred Joseph Federici III in Sweazea's place.

United States District Court for the Central District of California

United States District Court for the Eastern District of California

United States District Court for the Southern District of California

On August 28, 2019, President Trump announced his intent to nominate former U.S. Attorney Braverman to serve as a United States district judge for the United States District Court for the Southern District of California. On October 17, 2019, his nomination was sent to the U.S. Senate. His nomination drew condemnation from progressives, who condemned him for implementing the zero-tolerance policy towards illegal aliens ordered by then-Attorney General Jeff Sessions. Others attacked Braverman for pursuing federal marijuana-related cases, even in jurisdictions where they were legal under state laws.[268] Braverman and his supporters claimed he was just following the law. In response, U.S. Senator Kamala Harris refused to turn in her blue slip consenting to the nomination, leaving it stalled. His nomination was returned at the end of the 116th United States Congress. President Joe Biden later nominated Federal Magistrate Judge Linda Lopez and she was confirmed on December 17, 2021.

United States District Court for the Eastern District of New York

United States District Court for the Southern District of New York

On November 6, 2019, President Trump announced his intent to nominate Lan to serve as a United States district judge for the United States District Court for the Southern District of New York. On December 2, 2019, her nomination was sent to the U.S. Senate, and on January 3, 2020, it was returned to the Senate per normal protocol. A well-respected justice department lawyer with an apolitical record,[272] Lan was unanimously rated as "Well-Qualified" by the American Bar Association,[273] and considered a consensus nominee. On May 4, 2020, her renomination was sent to the Senate, along with the nomination of two other New York-area District Judge nominees, Jennifer Rearden and Saritha Komatireddy, the president's intention to nominate both of whom was announced on February 12, 2020, to create a package for blue-slip consideration.[274] However, in light of the Presidential election, the New York Senators stopped returning blue slips for nominees, stalled these nominations.[275] [276] Her nomination was returned at the end of the 116th United States Congress. On September 30, 2021, President Biden nominated the controversial Dale Ho in Lan's place and he was narrowly confirmed on June 14, 2023.

On February 12, 2020, President Trump announced his intent to nominate Rearden to serve as a United States district judge for the United States District Court for the Southern District of New York. She was strongly recommended by U.S. Senator Kirsten Gillibrand and the White House nominated her as part of a bipartisan package of nominees. On May 4, 2020, her nomination was sent to the Senate. President Trump nominated Rearden to the seat vacated by Judge Richard J. Sullivan, who was elevated to the United States Court of Appeals for the Second Circuit on October 25, 2018.[277] However, after the nomination of Amy Coney Barrett to the U.S. Supreme Court, Gillibrand and Chuck Schumer withdrew their support for the Republican nominees in the package in protest, so the Republican-controlled Senate did not act on Readen's nomination. Her nomination was returned at the end of the 116th United States Congress. On January 19, 2022, she was renominated to the same seat by President Biden and was confirmed on September 8, 2022.

Confirmed nominees

United States District Court for the Western District of Tennessee

On July 13, 2017, Trump nominated Norris to the United States District Court for the Western District of Tennessee, to the seat vacated by Judge J. Daniel Breen, who assumed senior status on March 18, 2017.[278] Prior to his appointment, Norris was publicly considering a candidacy for governor of Tennessee in 2018.[279] [280] Trump's nomination of Norris was supported by Republican Senators Lamar Alexander and Bob Corker of Tennessee,[281] but criticized by former U.S. District Judge Shira Scheindlin, who described Norris as one of a number of "the least qualified and most bizarre" of Trump's judicial appointments. In a New York Times op-ed, Scheindlin criticized Norris for suggesting that "being Muslim is synonymous with being a terrorist" and for leading efforts to bar local governments from removing public monuments to the Confederacy.[282] On November 1, 2017, a hearing on his nomination was held before the Senate Judiciary Committee.[283] During the hearing, Norris said in response to a question from Senator Amy Klobuchar that he viewed the case Obergefell v. Hodges (determining that same-sex couples have a constitutional right to marry) as settled law.[284] On December 7, 2017 his nomination was reported out of committee by an 11–9 vote.[285] On January 3, 2018, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate.[221] On January 5, 2018, Trump announced his intent to renominate Norris to a federal judgeship.[244] On January 8, 2018, his renomination was sent to the Senate.[245] On January 18, 2018, his nomination was reported out of committee by an 11–10 vote.[144] On October 11, 2018, the United States Senate confirmed his nomination was confirmed by a 51–44 vote.[286]

United States District Court for the Western District of Oklahoma

On April 10, 2018, Trump nominated Wyrick, an Oklahoma Supreme Court justice, to serve as a United States District Judge of the United States District Court for the Western District of Oklahoma.[287] He was nominated to the seat vacated by Judge David Lynn Russell, who assumed senior status on July 7, 2013.[253] On May 23, 2018, a hearing on his nomination was held before the Senate Judiciary Committee,[288] and Democratic Senator Sheldon Whitehouse questioned him about an exchange he had with U.S. Supreme Court Justice Sonia Sotomayor during a 2015 death penalty case before the court.[289] On June 14, 2018, his nomination was reported out of committee by an 11–10 vote.[290] On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate. On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[137] On April 9, 2019, he was confirmed by a 53–47 vote.[291]

United States District Court for the Eastern District of Texas

On January 23, 2018, Trump nominated Barker to the seat on the United States District Court for the Eastern District of Texas vacated by Judge Leonard Davis, who retired on May 15, 2015.[292] On May 9, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.[119] On June 7, his nomination was reported out of committee by an 11–10 vote.[293] Opponents of Campbell's nomination included the Leadership Conference on Civil and Human Rights and Democratic Senator Chris Coons.[294] [295] On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate. On January 23, 2019, Trump announced his intent to renominate Barker for a federal judgeship.[135] His nomination was sent to the Senate later that day.[136] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[137] On May 1, 2019, the United States Senate confirmed him by a 51–47 vote.[296]

On January 23, 2018, Trump nominated Truncale to the seat on the United States District Court for the Eastern District of Texas vacated by Judge Ron Clark, who assumed senior status on February 28, 2018.[292] On April 25, 2018 a hearing on his nomination was held before the Senate Judiciary Committee.[297] On May 24, 2018 his nomination was reported out of committee by an 11–10 vote.[298] Under questioning by Democratic U.S. Senator Mazie Hirono, Truncale, who previously served as an election judge in Texas, said he had personally witnessed incidents of voter fraud. Hirono challenged him, saying that she did not believe the problem of voter fraud to be widespread.[299] On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate. On January 23, 2019, Trump announced his intent to renominate Truncale for a federal judgeship.[135] His nomination was sent to the Senate later that day.[136] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[137] On May 14, 2019, his nomination was confirmed by the Senate in a 49–46 vote.[300] Senator Mitt Romney voted against him because he called Barack Obama an "un-American imposter" in 2011. Truncale said he was "merely expressing frustration by what I perceived as a lack of overt patriotism on behalf of President Obama.'"[301]

United States District Court for the Eastern District of Louisiana

On January 23, 2018, Trump nominated Vitter to the seat on the United States District Court for the Eastern District of Louisiana vacated by Judge Helen Ginger Berrigan, who assumed senior status on August 23, 2016.[302] [292] On April 11, 2018, a hearing on her nomination was held before the Senate Judiciary Committee.[303] During her hearing before the Judiciary Committee, Vitter was questioned closely by Democrats about her previous anti-abortion and anti-birth control advocacy. In her position as general counsel of the Roman Catholic Archdiocese of New Orleans, Vitter had promoted unsubstantiated claims about health dangers linked to the birth control pill. During her Senate hearing, Vitter distanced herself from these claims and promised to uphold Roe v. Wade.[304] [305] On January 3, 2019, her nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate. On January 23, 2019, Trump announced his intent to renominate Vitter for a federal judgeship.[135] Her nomination was sent to the Senate later that day.[136] On February 7, 2019, her nomination was reported out of committee by a 12–10 vote.[137] On May 16, 2019, her nomination was confirmed by a 52–45 vote.[306]

United States District Court for the District of Utah

On September 28, 2017, Trump nominated Nielson to serve as a United States District Judge of the United States District Court for the District of Utah, to the seat vacated by Judge Ted Stewart, who assumed senior status on September 1, 2014. A hearing on his nomination before the Senate Judiciary Committee was held on January 10, 2018.[307] On February 8, the Judiciary Committee voted for Nielson by an 11–10 vote.[308] Democrats on the committee opposed Nielson over his role in defending California's Proposition 8 and his role in reviewing two torture memos in 2004 and 2006 when he was serving as a deputy assistant general at the Office of Legal Counsel for the Justice Department.[309] Nielson claimed that he was a junior counsel in the Proposition 8 controversy and the lead counsel made decisions on legal tactics. On March 6, 2018, Senator Tammy Duckworth put a hold on his nomination.[310] On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate. On January 23, 2019, Trump announced his intent to renominate Nielson for a federal judgeship.[135] His nomination was sent to the Senate later that day.[136] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[137] On May 22, 2019, his nomination was confirmed by a 51–47 vote.[311]

United States District Court for the Eastern District of Missouri

On April 10, 2018, Trump announced his intent to nominate Clark to serve as a United States District Judge of the United States District Court for the Eastern District of Missouri. On April 12, 2018, his nomination was sent to the Senate. He was nominated to the seat vacated by Judge Carol E. Jackson, who retired on August 31, 2017. On July 11, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.[254] On September 13, 2018, his nomination was reported out of committee by an 11–10 vote.[312] Democrats have opposed his nomination due to disagreements with Clark's positions on abortion and LGBT rights.[313] Clark stated that his statements on sensitive issues were his personal opinions and that as a judge he would follow the law and Supreme Court precedent. Republicans also pointed out that he was supported by U.S. Senator Claire McCaskill, a Democrat from Clark's home state. On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate. On January 23, 2019, Trump announced his intent to renominate Clark for a federal judgeship.[135] His nomination was sent to the Senate later that day.[136] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[137] On May 22, 2019, his nomination was confirmed by a 53–45 vote.[314]

On August 14, 2019, Trump announced his intent to nominate Pitlyk to serve as a United States district judge for the United States District Court for the Eastern District of Missouri. On September 9, 2019, her nomination was sent to the Senate. Trump nominated Pitlyk to the seat vacated by Judge Catherine D. Perry, who assumed senior status on December 31, 2018.[315] On September 24, 2019, the American Bar Association (ABA) rated Pitlyk as "Not Qualified." The ABA said Pitlyk's rating was based on her lack of trial experience.[316] The ABA's rating drew criticism and charges of ideological bias from several Republican senators.[317] Pitlyk said one reason for her somewhat limited experience in trial and deposition work is that she has been a member of legal teams that have allowed her to arrange her schedule in order to spend more time with her children.[318] On September 25, 2019, a hearing on her nomination was held before the Senate Judiciary Committee.[319] At the hearing, Democratic Senator Dick Durbin expressed concerns about Pitlyk's lack of trial experience,[318] and other Democratic senators including Richard Blumenthal asked her about her views on abortion; she responded that her personal views would not affect her work as a judge. As a lawyer, Pitlyk had argued that frozen embryos from in vitro fertilization should legally be considered human beings, and she wrote an amicus brief stating that "surrogacy has grave effects on society."[320] On October 31, 2019, her nomination was reported out of committee by a party-line 12–10 vote.[321] On December 3, 2019, the United States Senate invoked cloture on her nomination by a 50–43 vote,[322] with Maine senator Susan Collins voted against her nomination.[323] On December 4, 2019, her nomination was confirmed by a 49–44 vote.[324]

United States District Court for the Northern District of Texas

On September 7, 2017, Trump nominated Kacsmaryk to serve as a United States District Judge of the United States District Court for the Northern District of Texas, to the seat vacated by Judge Mary Lou Robinson, who assumed senior status on February 3, 2016.[226] On December 13, 2017 a hearing on his nomination was held before the Senate Judiciary Committee.[325] On January 3, 2018 his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate.[326] On January 5, 2018, Trump announced his intent to renominate Kacsmaryk to a federal judgeship.[178] On January 8, 2018, his renomination was sent to the Senate.[179] On January 18, 2018 his nomination was reported out of committee by an 11–10 vote.[144] Senate Democrats oppose his nomination due to his writings and negative comments on LGBT rights and women's contraceptive rights.[327] [328] On January 3, 2019, his nomination was once again returned to the President. On January 23, 2019, Trump announced his intent to renominate Kacsmaryk for a federal judgeship.[135] His nomination was sent to the Senate later that day.[136] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[137] On June 18, 2019, the United States Senate invoked cloture on his nomination by a 52–44 vote.[329] On June 19, 2019, his nomination was confirmed by a 52–46 vote.[330]

United States District Court for the Middle District of Florida

On August 12, 2020, President Donald Trump announced his intent to nominate Mizelle to serve as a United States district judge of the United States District Court for the Middle District of Florida.[331] On September 8, 2020, her nomination was sent to the Senate to fill the seat vacated by Judge Virginia M. Hernandez Covington, who assumed senior status on July 12, 2020.[332] The American Bar Association rated Mizelle "Not Qualified" to serve as a federal trial court judge, noting that "Since her admission to the bar Ms. Mizelle has not tried a case, civil or criminal, as lead or co-counsel."[333] She was the 8th Trump appointee to the federal bench rated as "Not Qualified" by the ABA's Standing Committee on the Federal Judiciary. Before her appointment, the nominee had only taken part in two trials — both one-day trials in a state court conducted while she was still in law school. According to the ABA, Mizelle had roughly five years of trial experience at the time of her nomination;[333] the ABA typically requires twelve years in order to give a nominee a rating of "Qualified". The ABA conceded that Mizelle "has a very keen intellect, a strong work ethic and an impressive resume ... her integrity and demeanor are not in question."[334] But, the committee wrote, "These attributes...simply do not compensate for the short time she has actually practiced law and her lack of meaningful trial experience." At the age of 33, she is the youngest judge chosen by Trump for a lifetime appointment.[335] [336] [337] On September 9, 2020, a hearing on her nomination was held before the Senate Judiciary Committee.[338] On October 22, 2020, her nomination was reported out of committee by a 12–0 vote, with all Democratic senators boycotting it.[339] On November 18, 2020, her nomination was confirmed by a 49–41 vote.[340] She joined the first group of confirmed judicial appointments tendered by a president who has lost reelection since 1896, with the single exception of Jimmy Carter's appointment of Stephen Breyer to the First Circuit Court of Appeals in November 1980.[341] [342] Breyer had been confirmed by an 80–10 vote.[343]

United States District Court for the Northern District of Ohio

On February 26, 2020, President Trump announced his intent to nominate Calabrese to serve as a United States District Judge for the United States District Court for the Northern District of Ohio. On March 3, 2020, his nomination was sent to the Senate. A Judge for the Cuyahoga County Court of Common Pleas and formerly a successful lawyer at a prominent Cleveland, Ohio law firm, Calabrese was not expected to be controversial. But he came under fire from animal rights groups and some progressives for doing legal work for Cavel International Inc., the last horse slaughterhouse in the United States, in seeking to block Illinois regulations that would have shut down the business. Calabrese drew even more criticism for representing CEO of the Ohio coal company Murray Energy, which sued the Chagrin Valley Times, a local newspaper, for a defamation after it criticized Murray for firing 156 employees. A federal appeals court found the lawsuit constituted legal harassment, though Calabrese was not personally accused of wrongdoing.[344] A hearing on his nomination before the Senate Judiciary Committee was held on July 29, 2020, and many senators were not impressed with his testimony. On September 17, 2020, his nomination was reported out of committee by a 12–10 vote.[345] On December 1, 2020, his nomination was confirmed by a 58–35 vote.[346]

Article I court nominees

Confirmed nominees

United States Court of Federal Claims

on June 7, 2017, President Trump nominated Washington, D.C., lawyer Schwartz to serve as a United States Judge of the United States Court of Federal Claims, to the seat vacated by Judge Lynn J. Bush, who assumed senior status on October 21, 2013. On July 25, 2017, the Senate Judiciary Committee held a hearing on his nomination.[347] Democrats criticized him, claiming that Schwartz did not have enough courtroom experience to serve as a judge. His nomination was reported out of committee by a 11–9 vote on September 14, 2017.[348] On January 3, 2018, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate.[349] On January 8, 2018, the White House renominated 21 of 26 federal judicial nominees who had been returned by the U.S. Senate. Schwartz was not among the 21 individuals who were renominated.[350] David A. Tapp was nominated instead in Schwartz's place and subsequently confirmed. On October 2, 2019, Trump announced his intent to nominate Schwartz to another vacancy on that court. On October 17, 2019, his nomination was sent to the Senate. President Trump nominated Schwartz to the seat on the United States Court of Federal Claims vacated by Judge Marian Blank Horn, who assumed senior status on March 9, 2018.[351] On January 3, 2020, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate.[352] On January 9, 2020, he was renominated to the same seat.[353] On May 14, 2020, his nomination was reported out of committee by a 12–10 vote.[354] On December 7, 2020, the Senate invoked cloture on his nomination by a 48–46 vote.[355] On December 8, 2020, his nomination was confirmed by a 49–47 vote.[356]

Failed nominees

United States Court of Federal Claims

On January 23, 2018, Trump announced his intent to nominate Federal Trade Commissioner Ohlhausen to the United States Court of Federal Claims.[360] On January 24, 2018, her nomination was sent to the Senate. She was nominated to the seat vacated by Judge Lawrence J. Block, who retired on January 8, 2016.[361] Her nomination immediately drew opposition from Democrats, who attacked her opposition to Net Neutrality and portrayed her as reflexively pro-corporation. On May 9, 2018, a hearing on her nomination was held before the Senate Judiciary Committee.[119] On June 7, 2018, her nomination was reported out of committee by an 11–10 vote.[362] In December 2018, Ohlhausen announced that she had withdrawn her nomination for the federal judiciary, opting instead to join the law firm of Baker Botts as partner and co-chair of the firm's antitrust practice.[363] Trump later nominated Edward H. Meyers in Ohlhausen's place, and Meyers was confirmed on September 22, 2020.

See also

Notes and References

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  9. Web site: Kendall . Brent . Trump Appointees Poised to Influence Legal Outcomes for Decades to Come . January 31, 2021 . . January 31, 2021.
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  14. [American Bar Association]
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  71. Web site: PN366 — Mark Van Dyke Holmes — The Judiciary. Congress.gov.
  72. Web site: PN2399 — Mark Van Dyke Holmes — The Judiciary. Congress.gov.
  73. Web site: PN7 — Mark Van Dyke Holmes — The Judiciary. Congress.gov.
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  77. Web site: PN1382 — Grace Karaffa Obermann — The Judiciary. Congress.gov.
  78. Web site: PN30 — Grace Karaffa Obermann — The Judiciary. Congress.gov.
  79. Web site: PN2293 — Stephen Andrew Kubiatowski — The Judiciary. Congress.gov.
  80. Web site: PN2301 — Stephen Andrew Kubiatowski — The Judiciary. Congress.gov.
  81. Web site: PN28 — Stephen Andrew Kubiatowski — The Judiciary. Congress.gov.
  82. Web site: PN2402 — Terrence M. Andrews — The Judiciary. Congress.gov.
  83. Web site: PN23 — Terrence M. Andrews — The Judiciary. Congress.gov.
  84. Web site: PN2365 — Maria Teresa Bonifacio Cenzon — The Judiciary. Congress.gov.
  85. Web site: PN27 — Maria Teresa Bonifacio Cenzon — The Judiciary. Congress.gov.
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  92. Web site: Trump's Supreme Court Nominee Is Going To Face An Angry, Partisan Senate Battle. NPR. March 30, 2016. February 1, 2017.
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  94. Web site: Senate OKs 'nuclear option,' clears path for high court nomination vote. April 6, 2017. ABC News.
  95. News: Killough. Ashley . GOP triggers nuclear option on Neil Gorsuch nomination . CNN Politics. April 7, 2017.
  96. News: Adam Liptak. Matt Flegenheimer. Neil Gorsuch Confirmed by Senate as Supreme Court Justice. April 8, 2017. The New York Times. April 8, 2017. A1. Adam Liptak.
  97. News: Sheryl Gay Stolberg. Kavanaugh Is Sworn In After Close Confirmation Vote in Senate. October 7, 2018. The New York Times. October 6, 2018. A1.
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  102. President Donald J. Trump Announces Judicial Nominees . November 13, 2020 . . whitehouse.gov.
  103. Four Nominations Sent to the Senate . . .
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  106. Web site: 2021-01-03 . PN2366 - Nomination of Raul M. Arias-Marxuach for The Judiciary, 116th Congress (2019-2020) . 2021-01-05 . congress.gov.
  107. Web site: Thirty Nominations Sent to the Senate . . whitehouse.gov.
  108. Web site: Withdrawals Sent to the Senate. February 4, 2021. The White House.
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  110. April 13, 2023 . Nominations Sent to the Senate . . May 12, 2021 .
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  115. Web site: PN896 — Nomination of Halil Suleyman Ozerden for The Judiciary, 116th Congress (2019-2020) . 2020-01-03 . congress.gov . 2020-01-04.
  116. Web site: White House hits back at Oregon's senators over appeals court nomination. Maxine Bernstein | The. Oregonian/OregonLive. September 19, 2017. oregonlive.
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  118. Web site: Oregon's U.S. senators say federal prosecutor Ryan Bounds unsuitable for 9th Circuit vacancy. Maxine Bernstein | The. Oregonian/OregonLive. February 12, 2018. oregonlive.
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  120. Web site: Results of Executive Business Meeting – June 7, 2018, Senate Judiciary Committee.
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  131. News: Trump nominating N. Carolina native Rushing for 4th Circuit . August 28, 2018 . . . August 28, 2018 . https://web.archive.org/web/20180829072051/https://www.charlotteobserver.com/news/state/north-carolina/article217434940.html . August 29, 2018 . dead .
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  166. Web site: Baldwin: Trump ignored bipartisan panel by nominating Gov. Scott Walker ally to 7th Circuit Court of Appeals . Marley . Patrick . August 4, 2017 . . November 11, 2017.
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  184. Web site: One Nomination Sent to the Senate Today. National Archives. whitehouse.gov.
  185. News: Paul . Deanna . 'Damaging precedent': Conservative federal judge installed without consent of home-state senators . 13 June 2019 . . February 28, 2019.
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  189. Web site: Results of Executive Business Meeting – June 20, 2019, Senate Judiciary Committee.
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  251. News: Glauber. Bill. Bice. Daniel. Trump nominee Gordon Giampietro releases application in response to critics of his views. 9 March 2018. Milwaukee Journal Sentinel. March 1, 2018.
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  341. News: Senate confirms Trump's youngest federal judge to serve in Tampa . . Jamal . Thalji . November 18, 2020 . November 19, 2020 .
  342. News: Trump, GOP Defy Precedent with Lame Duck Judicial Appointees (1) . . Madison . Alder . Seth . Stern . John . Crawley . November 18, 2020 . November 20, 2020 .
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  345. Web site: Results of Executive Business Meeting – September 17, 2020, Senate Judiciary Committee.
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  354. Web site: Results of Executive Business Meeting – May 14, 2020, Senate Judiciary Committee.
  355. Web site: On the Cloture Motion (Motion to Invoke Cloture: Stephen Sidney Schwartz to be a Judge of the United States Court of Federal Claims). 2020-12-16. www.senate.gov.
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  358. News: Kim. Seung Min. Trump nominee called Kennedy 'judicial prostitute'. Politico. May 26, 2017.
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  361. Web site: Eight Nominations Sent to the Senate Today . January 24, 2018 . . . April 13, 2023 .
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