George H. W. Bush judicial appointment controversies
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During George H. W. Bush's term in office as the president of the United States of America, he nominated 11 individuals for 10 different federal appellate judgeships who were not processed by the Democratic-controlled
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations ...
. The Republicans claim that Senate Democrats of the 102nd Congress on purpose tried to keep open particular judgeships as a political maneuver to allow a future Democratic president to fill them. All 10 of the judgeships were eventually filled with Clinton nominees, although one nominee,
Roger Gregory Roger L. Gregory (born July 17, 1953) is an American lawyer who serves as the Chief United States circuit judge of the United States Court of Appeals for the Fourth Circuit. Background Gregory was born in Philadelphia, Pennsylvania but grew u ...
, was nominated by Clinton and then renominated by President George W. Bush. None of the nominees were nominated after July 1, 1992, the traditional start date of the unofficial Thurmond Rule during a presidential election year. Senator
Orrin Hatch Orrin Grant Hatch (March 22, 1934 – April 23, 2022) was an American attorney and politician who served as a United States senator from Utah from 1977 to 2019. Hatch's 42-year Senate tenure made him the longest-serving Republican U.S. senato ...
, the Republican leader of the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations ...
during the 106th Congress mentioned the controversy over President George H.W. Bush's court of appeals nominees during the following controversy involving the confirmation of any more Democratic court of appeals nominees during the last two years of President
Bill Clinton William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
's second term.https://bulk.resource.org/gpo.gov/record/2000/2000_S10236.pdf


List of unsuccessful federal judicial nominations

Bush made 56 nominations for federal judgeships that were not confirmed by the Senate. All 56 expired at an adjournment of the Senate, including 53 that were pending at the close of the 102nd Congress. Twenty of his unsuccessful nominees were subsequently nominated to federal judgeships by other presidents, and 18 of them were confirmed.


Failed appellate nominees

*
United States Court of Appeals for the Third Circuit The United States Court of Appeals for the Third Circuit (in case citations, 3d Cir.) is a federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * East ...
**Pennsylvania seat - Franklin Stuart Van Antwerpen (judgeship later filled by Clinton nominee
Theodore McKee Theodore Alexander McKee (born June 5, 1947, in Rochester, New York) is a Senior United States circuit judge of the United States Court of Appeals for the Third Circuit. He previously served on the Philadelphia Court of Common Pleas in the First ...
) (Van Antwerpen later was nominated to a different Third Circuit seat by President George W. Bush in 2003, confirmed in 2004 and assumed
senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
in 2006) **Pennsylvania seat - Jay Waldman (judgeship later filled by Clinton nominee
H. Lee Sarokin Haddon Lee Sarokin (November 25, 1928 – June 20, 2023) was a United States circuit judge of the United States Court of Appeals for the Third Circuit and a former United States District Judge of the United States District Court for the District ...
) *
United States Court of Appeals for the Fourth Circuit The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryland ...
**North Carolina seat - Terrence Boyle (judgeship later filled by Clinton nominee
Roger Gregory Roger L. Gregory (born July 17, 1953) is an American lawyer who serves as the Chief United States circuit judge of the United States Court of Appeals for the Fourth Circuit. Background Gregory was born in Philadelphia, Pennsylvania but grew u ...
of Virginia after being renominated by Bush in 2001) (Boyle was renominated to a different seat on the Fourth Circuit by President George W. Bush but was never confirmed) **Virginia seat - Lillian BeVier (judgeship later filled by Clinton nominee Diana Jane Gribbon Motz) *
United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...
**Texas seat - Sidney A. Fitzwater (judgeship later filled by Clinton nominee Fortunato Benavides) *
United States Court of Appeals for the Sixth Circuit The United States Court of Appeals for the Sixth Circuit (in case citations, 6th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * Eastern District of Kentucky * Western District of ...
**Michigan seat -
John Smietanka John A. Smietanka (born June 28, 1941, in Chicago) was the prosecutor for Berrien County, Michigan, from 1974 to 1981, and a United States Attorney in the Western District of Michigan, appointed by Ronald Reagan, from 1981 until 1994. Career a ...
(judgeship later filled by Clinton nominee Martha Craig Daughtrey of Tennessee) **Ohio seat - Justin Wilson of Tennessee (judgeship later filled by Clinton nominee
Karen Nelson Moore Karen Nelson Moore (born November 19, 1948) is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. Her chambers are in Cleveland, Ohio. Education Moore received h ...
of Ohio, while the then-vacant and newly created Tennessee seat was eventually filled by Clinton nominee Martha Craig Daughtrey) *
United States Court of Appeals for the Tenth Circuit The United States Court of Appeals for the Tenth Circuit (in case citations, 10th Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Colorado * District of Kansas * Distr ...
**Oklahoma seat -
Frank Keating Francis Anthony Keating II (initially born as David Rowland Keating) (born February 10, 1944) is an American attorney and politician who served as the 25th governor of Oklahoma from 1995 to 2003. , Keating is one of only five governors in Okl ...
(judgeship later filled by Clinton nominee
Robert Harlan Henry Robert Harlan Henry (born April 3, 1953) is a former United States Circuit Judge and politician from Oklahoma, and was the 17th President of Oklahoma City University. He is a member of the Democratic Party. Henry formerly served as the Attorne ...
) *
United States Court of Appeals for the Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * ...
**Florida seat - Kenneth Ryskamp, followed by Federico A. Moreno (judgeship later filled by Clinton nominee
Rosemary Barkett Rosemary Barkett (née Barakat; born August 29, 1939) is a Mexican-American judge of the Iran–United States Claims Tribunal located in The Hague, Netherlands since 2013. Previously, she served as a United States circuit judge of the United St ...
) *
United States Court of Appeals for the District of Columbia The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate co ...
**
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...
(judgeship later filled by Clinton nominee Judith Ann Wilson Rogers) (Roberts was renominated and confirmed to a different seat on the D.C. Circuit under President George W. Bush; later, he was nominated and confirmed as the Chief Justice of the United States under George W. Bush)


See also

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George H. W. Bush Supreme Court candidates Speculation abounded over potential nominations to the Supreme Court of the United States by George H. W. Bush even before his presidency officially began, given the advanced ages of several justices. On July 20, 1990, this speculation became ne ...
*
United States federal judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. ...
*
Judicial appointment history for United States federal courts The appointment of federal judges for United States federal courts is done via nomination by the President of the United States and confirmation by the United States Senate. The tables below provide the composition of all Article III courts which i ...
*
Deaths of United States federal judges in active service Deaths of United States federal judges in active service have profound political and procedural effects. Due to their implications for the political composition of the courts on which they serve, they can result in unexpected political conflicts r ...


References

{{George H. W. Bush judicial appointments Bush, George H. W.