Bill Clinton judicial appointment controversies explained

During President Bill Clinton's first and second terms of office, he nominated 24 people for 20 federal appellate judgeships but the nominees were not processed by the Republican-controlled Senate Judiciary Committee. Three of the nominees who were not processed (Christine Arguello, Andre M. Davis and S. Elizabeth Gibson) were nominated after July 1, 2000, the traditional start date of the unofficial Thurmond Rule during a presidential election year. Democrats claim that Senate Republicans of the 106th Congress purposely tried to keep open particular judgeships as a political maneuver to allow a future Republican president to fill them. Of the 20 seats in question, four were eventually filled with different Clinton nominees, fourteen were later filled with Republican nominees by President George W. Bush and two continued to stay open during Bush's presidency. Senator Harry Reid, the Democratic leader of the United States Senate during the 110th Congress, and Senator Patrick Leahy, the Democratic leader of the Senate Judiciary Committee under Reid, repeatedly mentioned the controversy over President Clinton's court of appeals nominees during the controversy involving the confirmation of Republican court of appeals nominees during the last two years of Bush's second term. Republicans claimed that Democrats were refusing to confirm certain longstanding Bush nominees in order to allow a future Democratic president in 2009 to fill those judgeships.

During his presidency, Clinton also nominated 45 people for 42 federal district judgeships who were never confirmed by the United States Senate and successfully nominated 66 people for appellate judgeships.

List of unsuccessful federal judicial nominations

Clinton made 72 nominations for federal judgeships that were not confirmed by the Senate. Of these, one, Ronnie L. White, was rejected by the Senate, 11 were withdrawn by President Clinton, 10 were withdrawn by President George W. Bush, while the other 50 expired at an adjournment of the Senate, including 32 that were pending at the close of the 106th Congress. Eleven of his unsuccessful nominees were subsequently nominated to federal judgeships by other presidents, and all 11 were confirmed.

NomineeCourtNomination
date		Date of
final action		Final actionSubsequent federal judicial nominationsSeat filled byRef.
Courts of appeals
11th Cir.withdrawn by Pres. ClintonStanley Marcus[1]
4th Cir.returned to the presidentJames A. Wynn Jr.[2] [3]
4th Cir.returned to the presidentRoger Gregory[4]
6th Cir.withdrawn by Pres. BushRichard Allen Griffin[5] [6] [7]
9th Cir.withdrawn by Pres. ClintonKim McLane Wardlaw[8]
5th Cir.returned to the presidentPriscilla Richman[9]
3rd Cir.returned to the presidentMaryanne Trump Barry[10]
9th Cir.withdrawn by Pres. BushCarlos Bea[11] [12] [13]
9th Cir.returned to the presidentRichard C. Tallman[14]
5th Cir.withdrawn by Pres. BushEdith Brown Clement[15] [16]
9th Cir.withdrawn by Pres. BushRichard Clifton[17] [18]
D.C. Cir.returned to the presidentJohn Roberts[19]
4th Cir.withdrawn by Pres. BushHimself[20] [21]
6th Cir.withdrawn by Pres. BushSusan Bieke Neilson[22] [23]
5th Cir.withdrawn by Pres. BushPriscilla Richman[24] [25]
10th Cir.withdrawn by Pres. ClintonTimothy Tymkovich[26]
D.C. Cir.returned to the presidentThomas B. Griffith[27]
6th Cir.returned to the presidentJeffrey Sutton[28]
3rd Cir.returned to the presidentD. Brooks Smith[29]
8th Cir.withdrawn by Pres. BushMichael Joseph Melloy[30] [31]
3rd Cir.returned to the presidentMichael Chertoff[32]
4th Cir.withdrawn by Pres. BushHimself[33] [34]
10th Cir.returned to the presidentTimothy Tymkovich[35]
4th Cir.returned to the presidentHimself[36]
4th Cir.returned to the presidentAllyson K. Duncan[37]
District courts
S.D. Fla.returned to the presidentDonald M. Middlebrooks[38]
C.D. Cal.returned to the presidentGeorge H. King[39]
S.D. Cal.returned to the presidentBarry Ted Moskowitz[40]
D. Idahoreturned to the presidentB. Lynn Winmill[41]
N.D. Ala.withdrawn by Pres. ClintonCharles Lynwood Smith Jr.[42] [43]
M.D. Pa.returned to the presidentA. Richard Caputo[44]
S.D. Ill.returned to the presidentDavid R. Herndon[45]
W.D. Mo.withdrawn by Pres. ClintonGary A. Fenner[46]
W.D. Pa.withdrawn by Pres. ClintonArthur J. Schwab[47] [48]
S.D. Fla.withdrawn by Pres. ClintonDonald M. Middlebrooks[49]
N.D.N.Y.returned to the presidentDavid N. Hurd[50] [51]
C.D. Ill.returned to the presidentMichael P. McCuskey[52]
N.D. Tex.returned to the presidentSam A. Lindsay[53]
N.D. Tex.withdrawn by Pres. ClintonBarbara M. Lynn[54] [55]
D.P.R.returned to the presidentJay A. García-Gregory[56] [57]
S.D. Cal.withdrawn by Pres. ClintonThomas J. Whelan[58]
E.D. Mo.rejected by the SenateHenry Autrey[59] [60]
E.D. Pa.withdrawn by Pres. ClintonPetrese B. Tucker[61]
N.D. Ill.returned to the presidentRonald A. Guzman[62]
D.D.C.returned to the presidentJohn D. Bates[63] [64]
E.D. Pa.returned to the presidentPetrese B. Tucker[65]
W.D. Pa.returned to the presidentArthur J. Schwab[66] [67]
E.D. Pa.returned to the presidentHimself[68] [69]
E.D.N.C.returned to the presidentJames C. Dever III[70]
N.D. Okla.returned to the presidentClaire Eagan[71]
D. Colo.returned to the presidentRobert E. Blackburn[72]
C.D. Cal.returned to the presidentJohn F. Walter[73]
C.D. Cal.returned to the presidentPercy Anderson[74]
N.D. Ga.withdrawn by Pres. ClintonBeverly B. Martin[75]
N.D. Ohioreturned to the presidentJohn R. Adams[76]
D.D.C.returned to the presidentReggie Walton[77]
E.D. Pa.returned to the presidentCynthia M. Rufe[78]
D. Nev.returned to the presidentLarry R. Hicks[79]
S.D. Tex.returned to the presidentAndrew Hanen[80]
D. Kan.returned to the presidentJulie A. Robinson[81]
N.D. Ala.returned to the presidentKaron O. Bowdre[82]
D. Haw.returned to the presidentJohn Michael Seabright[83]
W.D. Pa.returned to the presidentvacancy nullified[84]
W.D. Pa.returned to the presidentJoy Flowers Conti[85]
W.D. Okla.returned to the presidentStephen P. Friot[86]
E.D. Cal.returned to the presidentMorrison C. England Jr.[87]
D. Neb.returned to the presidentLaurie Smith Camp[88]
D. Mont.returned to the presidentSam E. Haddon[89]
E.D. Pa.returned to the presidentTimothy J. Savage[90]
W.D. Okla.returned to the presidentJoe L. Heaton[91]
Court of International Trade
Intl. Tradereturned to the presidentRichard K. Eaton[92]
Article I courts
Fed. Cl.withdrawn by Pres. BushMary Ellen Coster Williams[93]

Failed appellate nominees

Others who were nominated or considered for nomination to federal appellate courts

While not a controversy, one other Clinton appellate court nominee, Barbara Durham, withdrew before being confirmed, but not because of Republican opposition. Rather, Durham, a conservative jurist whom Clinton nominated to the United States Court of Appeals for the Ninth Circuit as part of a deal with then-Washington Sen. Slade Gorton, withdrew because of illness. Clinton instead nominated Republican lawyer Richard Tallman of Seattle to the seat to which he had nominated Durham, and Tallman was confirmed in 2000.

While he was never formally nominated to the United States Court of Appeals for the District of Columbia Circuit, Peter Edelman was strongly considered by Clinton for a seat on that appeals court in late 1994. After the influential Republican member of the U.S. Senate Judiciary Committee Sen. Orrin Hatch informed Clinton that he had intended to oppose Edelman's nomination, Clinton dropped plans to nominate Edelman to the D.C. Circuit, choosing Merrick Garland instead.[94]

In its November 1997 issue, the American Spectator reported that President Clinton had intended to nominate Teresa Wynn Roseborough in 1997 to a vacant seat on the United States Court of Appeals for the Eleventh Circuit after Judge Phyllis A. Kravitch took senior status. The American Spectator noted, however, that Sen. Orrin Hatch, the then-chairman of the U.S. Senate Judiciary Committee, had "balked" at the idea of Roseborough, who was one of four finalists (the others were Leah Ward Sears, Clarence Cooper and Frank M. Hull) and had "suggested that a more moderate Clinton-appointed U.S. district judge, Frank Hull, would have clear sailing." Indeed, Frank M. Hull was confirmed by the Senate in a 96-0 vote in September 1997.[95]

Failed district court nominees

During his presidency, Clinton nominated 45 people for 42 different federal district judgeships to federal district courts who were never confirmed by the U.S. Senate. Like the appellate court nominations mentioned above, many of these nominees were blocked by Republicans either in the Senate Judiciary Committee, which was controlled by Republicans for six of the eight years of Clinton’s presidency, or on the Senate floor, where one nominee, Ronnie L. White, was defeated by senators.

Of the 42 federal district judgeship vacancies in question, 17 eventually were filled with different Clinton nominees, 24 were filled by nominees of President George W. Bush and one never ended up becoming vacant because the district judge holding it never received confirmation to be elevated to an appellate court. Of Clinton's 45 failed district court nominees, four, Legrome D. Davis, David S. Cercone, Dolly M. Gee and Sue E. Myerscough, subsequently were nominated by Presidents George W. Bush and Barack Obama to federal district judgeships and then confirmed by the Senate.

The failed Clinton district court nominees:

See also

References

Notes and References

  1. Web site: PN698 — Charles R. Stack — The Judiciary. Congress.gov.
  2. Web site: PN805 — James A. Beaty Jr. — The Judiciary. Congress.gov.
  3. Web site: PN11 — James A. Beaty Jr. — The Judiciary. Congress.gov.
  4. Web site: PN806 — J. Rich Leonard — The Judiciary. Congress.gov.
  5. Web site: PN26 — Helene N. White — The Judiciary. Congress.gov.
  6. Web site: PN48 — Helene N. White — The Judiciary. Congress.gov.
  7. Web site: PN8 — Helene N. White — The Judiciary. Congress.gov.
  8. Web site: PN424 — James S. Ware — The Judiciary. Congress.gov.
  9. Web site: PN474 — Jorge C. Rangel — The Judiciary. Congress.gov.
  10. Web site: PN1144 — Robert S. Raymar — The Judiciary. Congress.gov.
  11. Web site: PN1210 — Barry P. Goode — The Judiciary. Congress.gov.
  12. Web site: PN39 — Barry P. Goode — The Judiciary. Congress.gov.
  13. Web site: PN3 — Barry P. Goode — The Judiciary. Congress.gov.
  14. Web site: PN35 — Barbara Durham — The Judiciary. Congress.gov.
  15. Web site: PN238 — H. Alston Johnson III — The Judiciary. Congress.gov.
  16. Web site: PN37 — H. Alston Johnson III — The Judiciary. Congress.gov.
  17. Web site: PN365 — James E. Duffy Jr. — The Judiciary. Congress.gov.
  18. Web site: PN2 — James E. Duffy Jr. — The Judiciary. Congress.gov.
  19. Web site: PN366 — Elena Kagan — The Judiciary. Congress.gov.
  20. Web site: PN490 — James A. Wynn Jr. — The Judiciary. Congress.gov.
  21. Web site: PN9 — James A. Wynn Jr. — The Judiciary. Congress.gov.
  22. Web site: PN559 — Kathleen McCree Lewis — The Judiciary. Congress.gov.
  23. Web site: PN5 — Kathleen McCree Lewis — The Judiciary. Congress.gov.
  24. Web site: PN560 — Enrique Moreno — The Judiciary. Congress.gov.
  25. Web site: PN6 — Enrique Moreno — The Judiciary. Congress.gov.
  26. Web site: PN572 — James M. Lyons — The Judiciary. Congress.gov.
  27. Web site: PN573 — Allen R. Snyder — The Judiciary. Congress.gov.
  28. Web site: PN808 — Kent R. Markus — The Judiciary. Congress.gov.
  29. Web site: PN809 — Robert J. Cindrich — The Judiciary. Congress.gov.
  30. Web site: PN870 — Bonnie J. Campbell — The Judiciary. Congress.gov.
  31. Web site: PN1 — Bonnie J. Campbell — The Judiciary. Congress.gov.
  32. Web site: PN1068 — Stephen M. Orlofsky — The Judiciary. Congress.gov.
  33. Web site: PN1129 — Roger L. Gregory — The Judiciary. Congress.gov.
  34. Web site: PN4 — Roger L. Gregory — The Judiciary. Congress.gov.
  35. Web site: PN1194 — Christine M. Arguello — The Judiciary. Congress.gov.
  36. Web site: PN1345 — Andre M. Davis — The Judiciary. Congress.gov.
  37. Web site: PN1381 — S. Elizabeth Gibson — The Judiciary. Congress.gov.
  38. Web site: PN802 — Theodore Klein — The Judiciary. Congress.gov.
  39. Web site: PN1235 — R. Samuel Paz — The Judiciary. Congress.gov.
  40. Web site: PN1620 — Judith D. McConnell — The Judiciary. Congress.gov.
  41. Web site: PN1687 — John R. Tait — The Judiciary. Congress.gov.
  42. Web site: PN1800 — John D. Snodgrass — The Judiciary. Congress.gov.
  43. Web site: PN154 — John D. Snodgrass — The Judiciary. Congress.gov.
  44. Web site: PN1804 — Patrick J. Toole Jr. — The Judiciary. Congress.gov.
  45. Web site: PN280 — Wenona Y. Whitfield — The Judiciary. Congress.gov.
  46. Web site: PN307 — Leland M. Shurin — The Judiciary. Congress.gov.
  47. Web site: PN536 — John H. Bingler Jr. — The Judiciary. Congress.gov.
  48. Web site: PN506 — John H. Bingler Jr. — The Judiciary. Congress.gov.
  49. Web site: PN556 — Bruce W. Greer — The Judiciary. Congress.gov.
  50. Web site: PN660 — Clarence J. Sundram — The Judiciary. Congress.gov.
  51. Web site: PN23 — Clarence J. Sundram — The Judiciary. Congress.gov.
  52. Web site: PN676 — Sue E. Myerscough — The Judiciary. Congress.gov.
  53. Web site: PN771 — Cheryl B. Wattley — The Judiciary. Congress.gov.
  54. Web site: PN793 — Michael D. Schattman — The Judiciary. Congress.gov.
  55. Web site: PN253 — Michael D. Schattman — The Judiciary. Congress.gov.
  56. Web site: PN863 — Anabelle Rodriguez-Rodriguez — The Judiciary. Congress.gov.
  57. Web site: PN252 — Anabelle Rodriguez-Rodriguez — The Judiciary. Congress.gov.
  58. Web site: PN208 — Lynne R. Lasry — The Judiciary. Congress.gov.
  59. Web site: PN405 — Ronnie L. White — The Judiciary. Congress.gov.
  60. Web site: PN49 — Ronnie L. White — The Judiciary. Congress.gov.
  61. Web site: PN504 — Frederica A. Massiah-Jackson — The Judiciary. Congress.gov.
  62. Web site: PN508 — Jeffrey D. Colman — The Judiciary. Congress.gov.
  63. Web site: PN834 — James W. Klein — The Judiciary. Congress.gov.
  64. Web site: PN179 — James W. Klein — The Judiciary. Congress.gov.
  65. Web site: PN1053 — Robert A. Freedberg — The Judiciary. Congress.gov.
  66. Web site: PN1062 — Lynette Norton — The Judiciary. Congress.gov.
  67. Web site: PN43 — Lynette Norton — The Judiciary. Congress.gov.
  68. Web site: PN1316 — Legrome D. Davis — The Judiciary. Congress.gov.
  69. Web site: PN34 — Legrome D. Davis — The Judiciary. Congress.gov.
  70. Web site: PN173 — J. Rich Leonard — The Judiciary. Congress.gov.
  71. Web site: PN246 — Frank H. McCarthy — The Judiciary. Congress.gov.
  72. Web site: PN323 — Patricia A. Coan — The Judiciary. Congress.gov.
  73. Web site: PN324 — Dolly M. Gee — The Judiciary. Congress.gov.
  74. Web site: PN327 — Fredric D. Woocher — The Judiciary. Congress.gov.
  75. Web site: PN472 — Gail S. Tusan — The Judiciary. Congress.gov.
  76. Web site: PN486 — Steven D. Bell — The Judiciary. Congress.gov.
  77. Web site: PN718 — Rhonda C. Fields — The Judiciary. Congress.gov.
  78. Web site: PN882 — S. David Fineman — The Judiciary. Congress.gov.
  79. Web site: PN983 — Linda B. Riegle — The Judiciary. Congress.gov.
  80. Web site: PN1022 — Ricardo Morado — The Judiciary. Congress.gov.
  81. Web site: PN1070 — K. Gary Sebelius — The Judiciary. Congress.gov.
  82. Web site: PN1071 — Kenneth O. Simon — The Judiciary. Congress.gov.
  83. Web site: PN1093 — John S. W. Lim — The Judiciary. Congress.gov.
  84. Web site: PN1201 — David Stewart Cercone — The Judiciary. Congress.gov.
  85. Web site: PN1202 — Harry Peter Litman — The Judiciary. Congress.gov.
  86. Web site: PN1216 — Valerie K. Couch — The Judiciary. Congress.gov.
  87. Web site: PN1217 — Marian McClure Johnston — The Judiciary. Congress.gov.
  88. Web site: PN1240 — Steven E. Achelpohl — The Judiciary. Congress.gov.
  89. Web site: PN1250 — Richard W. Anderson — The Judiciary. Congress.gov.
  90. Web site: PN1277 — Stephen B. Lieberman — The Judiciary. Congress.gov.
  91. Web site: PN1340 — Melvin C. Hall — The Judiciary. Congress.gov.
  92. Web site: PN1063 — Jeffrey G. Stark — The Judiciary. Congress.gov.
  93. Web site: PN7 — Sarah L. Wilson — The Judiciary. Congress.gov.
  94. News: Clinton, Fearing Fight, Shuns Bid to Name Friend as Judge . The New York Times . September 1995 . Lewis . Neil A. .
  95. Web site: U.S. Senate: U.S. Senate Roll Call Votes 105th Congress - 1st Session .
  96. Web site: Nominations Submitted to the Senate | the American Presidency Project .

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