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Barack Obama judicial appointment controversies

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U.S. President Barack Obama nominated over 400 individuals for federal judgeships during his presidency. 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 by filibuster or voting against cloture, even while the Democratic caucus held a Senate majority (2009–2015). Senator Chuck Grassley, then-ranking Republican on the judiciary, said that more nominees could have been considered if not for the January 2012 National Labor Relations Board recess appointments;[3] the Supreme Court later unanimously ruled these January 2012 appointments illegal in NLRB v. Noel Canning.[4]

In response, Senate Majority Leader Harry Reid invoked the so-called parliamentary nuclear option on 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 the 2014 United States Senate elections, where the Republicans gained nine seats and majority control of the chamber. Obama ultimately nominated 70 individuals for 104 different federal judgeships during this Congress, with 20 confirmations.[6]

With the death of Antonin Scalia in February 2016 in the beginning of a presidential election year, the Republican majority in the Senate made it their stated policy to refuse to consider any nominee to the Supreme Court, arguing that the next president should be the one to appoint Scalia's replacement.[7] Obama nominated Merrick Garland for the open Supreme Court seat, but the Senate did not consider the nomination.

List of unsuccessful federal judicial nominations

Obama 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 Of these, 7 were withdrawn by Obama, while the other 73 expired at an adjournment of the Senate, including 54 that were pending at the close of the 114th Congress.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 Tana Lin [83]
Patricia D. Barksdale M.D. Fla. April 28, 2016 January 3, 2017 returned to the president Wendy Berger [84]
Todd E. Edelman D.D.C. April 28, 2016 January 3, 2017 returned to the president D.D.C. (nominated September 27, 2022, confirmation pending) Carl J. Nichols [85]
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 [86]
Philip R. Lammens N.D. Fla. April 28, 2016 January 3, 2017 returned to the president T. Kent Wetherell II [87]
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 [88]
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 [89]
Patricia Timmons-Goodson E.D.N.C. April 28, 2016 January 3, 2017 returned to the president Richard E. Myers II [90]
Abid Riaz Qureshi D.D.C. September 6, 2016 January 3, 2017 returned to the president Timothy J. Kelly [91]
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 [92]
Court of International Trade
Jeanne E. Davidson Intl. Trade September 8, 2014 January 7, 2015 returned to the president M. Miller Baker [93][94]
Elizabeth J. Drake Intl. Trade July 30, 2015 January 3, 2017 returned to the president Timothy M. Reif [95]
Article I courts
Gloria Wilson Shelton Vet. Cl. June 22, 2011 January 24, 2012 withdrawn by Pres. Obama Margaret Bartley [96]
Nancy B. Firestone Fed. Cl. April 10, 2014 January 7, 2015 returned to the president Ryan T. Holte [97][98]
Thomas L. Halkowski Fed. Cl. April 10, 2014 January 7, 2015 returned to the president David A. Tapp [99][100]
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 [101][102]
Patricia M. McCarthy Fed. Cl. May 21, 2014 January 7, 2015 returned to the president Matthew H. Solomson [103][104]
Jeri Somers Fed. Cl. May 21, 2014 January 7, 2015 returned to the president Richard Hertling [105][106]
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 [107]
Vik Edwin Stoll T.C. November 9, 2015 January 3, 2017 returned to the president Elizabeth A. Copeland [108]
Article IV courts
Frances Tydingco-Gatewood D. Guam May 18, 2016 January 3, 2017 returned to the president TBD [109]

Nomination of Merrick Garland to the Supreme Court

Main article: Merrick Garland Supreme Court nomination

Following the death of Associate Justice of the Supreme Court Antonin Scalia in February 2016, President Obama nominated Merrick Garland to fill Scalia's seat on the Supreme Court. At the time of his nomination, Garland was the Chief Judge of the United States Court of Appeals for the District of Columbia Circuit. Scalia's death led to an unusual situation in which a Democratic president had the opportunity to appoint a Supreme Court nominee while the Republicans controlled the United States Senate; before Scalia's death; such a situation last occurred when a Senate Republican majority confirmed Grover Cleveland's nomination of Rufus Wheeler Peckham in 1895.[110] While Garland himself was not personally controversial, Scalia was considered one of the more conservative members of the Supreme Court. Political and legal commentators noted that a more liberal replacement 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 the Harry Blackmun's confirmation in 1970.[111]

Following Scalia's death, Republican Senate leaders announced that they did not plan to consider any Supreme Court nomination during the president's last year in office, citing the upcoming 2016 United States presidential election.[112] Senate Democrats argued that there was sufficient time to vote on a nominee before the election.[113] Garland's nomination ultimately expired on January 3, 2017, with the end of the 114th Congress. The nomination remained before the Senate for 293 days,[114] the longest such nomination in American history Supreme Court nomination.[115]

On January 31, 2017, President Donald Trump announced his selection of Judge Neil Gorsuch for the open Supreme Court seat. Gorsuch was confirmed on April 7, 2017, by a Republican-majority Senate, 54–45[116] and sworn in on April 10, 2017.[117]

Failed, stalled or filibustered appellate nominations

Failed nominations

Successful appointments

Failed, stalled or filibustered district court nominations

Failed nominations

  • United States District Court for the Western District of Wisconsin
    • Louis B. Butler: Butler unsuccessfully ran for the Wisconsin Supreme Court in 2000.[183] He was appointed to the Wisconsin Supreme Court in 2004, but narrowly lost the 2008 election to retain the seat.[184] 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,[184] and labeled him as liberal ideologue who was hostile toward tough criminal sentences and the rights of gun owners.[185] 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.[186] Wisconsin Senator Ron 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 nominated James D. Peterson to fill this vacancy, and he was confirmed on May 8, 2014.
  • United States District Court for the District of Maryland
    • Charles Bernard Day: Day, a U.S. magistrate judge in 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. Senator Chuck Grassley stated 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."[187] In November 2011, Obama nominated Baltimore Circuit Court Judge George Levi Russell III to 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 the Monroe County District 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.[188] "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," Senator Chuck Schumer said 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.[189] In May 2012, Obama nominated longtime Rochester judge Frank 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
  • United States District Court for the Northern District of Georgia
    • Natasha Perdew Silas: Georgia's two Republican senators, Johnny Isakson and Saxby Chambliss, opposed Silas, a staff attorney at the Federal Public Defender program 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.[193] Her nomination was returned to Obama on December 17, 2011. On December 19, 2013, Obama nominated Mark Howard Cohen to 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 nominated Leigh Martin May to 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 Judge Julie E. Carnes, who was nominated to United States Court of Appeals for the Eleventh Circuit on 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.[194] 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.[194] 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 staff Denis McDonough that Boggs would not be renominated.[195] On July 30, 2015, the President nominated judge Dax Eric López to the vacancy.
    • Dax Eric López: On July 30, 2015, President Obama nominated DeKalb County Circuit Court Judge López to serve as a Federal judge, to the seat vacated by Julie E. Carnes, who was elevated to the United States Court of Appeals for the Eleventh Circuit.[196] Senator David Perdue announced 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.[197] The seat was later filled by Trump nominee Michael Lawrence Brown.
  • United States District Court for the District of Nevada
    • Elissa F. Cadish: On February 16, 2012, President Obama nominated Cadish, a Clark County District Court Judge, to be a judge for the United States District Court for the District of Nevada.[198] She would have replaced Philip M. Pro who took senior status in 2011. Because Senator Heller had 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.[199] On March 8, 2013, Cadish requested that President Obama withdraw her nomination, and on March 13, 2013, Obama formally withdrew the nomination.[200] On January 16, 2014, Obama nominated Richard F. Boulware to 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 nominated Dade County Circuit Court Judge Thomas to a seat on the U.S. District Court for the Southern District of Florida[201] to replace Adalberto Jordan.[202] If confirmed, Thomas would have been the first openly gay black male to serve as a federal judge.[203] 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, Senator Marco Rubio announced that – although originally he recommended Thomas to the President – he would not return his blue slip.[204] 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.[205] Palm Beach County Circuit Court Judge Robin L. Rosenberg was 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: A Richland County Circuit Court Judge since 1999, Lee was originally nominated on June 26, 2013, to the seat being vacated by Cameron McGowan Currie, who took senior status on October 3, 2013.[206] South Carolina Senators Lindsey Graham and Tim Scott opposed 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.[207][208] Because of opposition from her home state senators and no opportunity of receiving a committee hearing, on September 18, 2014, Obama withdrew her nomination.[209] The seat was filled in 2019 by Trump nominee A. 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 by Malcolm Jones Howard, she did not receive a hearing. Senator Richard Burr did not return his blue slip.[210] 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 nominee Richard 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 by Kathryn H. Vratil, who took senior status on April 22, 2014.[211] On December 7, 2016, Campbell, in letters to Obama and Kansas Senators Pat Roberts and Jerry Moran, requested that his name be withdrawn from further consideration.[212] His nomination expired on January 3, 2017, at the end of the 114th Congress. The seat was later filled by Trump nominee Holly Lou Teeter.
  • United States District Court for the District of Utah
    • Ronald G. Russell: On December 16, 2015, President Obama nominated former Centerville Mayor Russell to serve on the United States District Court for the District of Utah, to the seat vacated by Ted Stewart, who took senior status on September 1, 2014.[213] Russell, a Republican, had the support of Utah Senators Orrin Hatch and Mike 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 Leader Mitch 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.[214] The seat was later filled by Trump nominee Howard C. Nielson Jr.

Successful nominations

  • United States District Court for the District of Rhode Island
    • John J. McConnell, Jr.: McConnell was first nominated on March 10, 2010.[215] McConnell had donated hundreds of thousands of dollars to Democratic campaigns, including over eight thousand each to the campaigns of Rhode Island Senators Jack Reed and Sheldon Whitehouse.[215] McConnell's critics contended that his prolific political contributions suggest that McConnell would be a partisan judge.[216] 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.[217] 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.[218]
  • United States District Court for the Northern District of California
    • Edward M. Chen: Chen faced opposition due to his work as an attorney for the ACLU.[124][219] On May 5, 2011, Senator Harry Reid received unanimous consent from 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.[220] 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, a Tucson defense attorney, to the federal court in Arizona. However, Arizona's two Republican senators, John McCain and Jon Kyl, refused to return their blue slips.[221] 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."[222] 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.[223] White had previously been nominated for the same position by President Bill Clinton in 1997, but the nomination was defeated.[224] 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.[225] On June 19, 2014, his nomination was reported out of committee by a vote of 10–8.[226] 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.[227]

Impacts of vacancies

A 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.[228] 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."[228]

Nominations that were made at the end of Obama's term and later renominated

Successful renominations

See also

References

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  3. ^ Margasak, Larry (February 15, 2012). "Senate confirms Cuban-born judge to 11th Circuit". New York Daily News. Associated Press. Archived from the original on December 3, 2020. Retrieved December 3, 2020.
  4. ^ Nelson, Steven (June 26, 2014). "Obama Recess Appointments Illegal, Supreme Court Finds". US News & World Report. Archived from the original on December 18, 2020. Retrieved December 16, 2020.
  5. ^ a b "Obama supports Senate's nuclear option to end some filibusters". cnn.com. Archived from the original on January 12, 2017. Retrieved January 20, 2017.
  6. ^ "Fact-check: Why Barack Obama failed to fill over 100 judgeships". Politifact. Archived from the original on February 16, 2021. Retrieved August 9, 2021.
  7. ^ Gresko, Jessica (February 14, 2016). "Scalia's death in office a rarity for modern Supreme Court". Associated Press. Archived from the original on February 16, 2016. Retrieved February 15, 2016.
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  15. ^ "PN6 — Edward Carroll DuMont — The Judiciary". Congress.gov.
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  17. ^ "PN2 — Victoria Frances Nourse — The Judiciary". Congress.gov.
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