Bill Clinton Judicial Appointment Controversies
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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 The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
. 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 The 106th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C., from January 3, 19 ...
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 George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
and two continued to stay open during Bush's presidency. Senator
Harry Reid Harry Mason Reid Jr. (; December 2, 1939 – December 28, 2021) was an American lawyer and politician who served as a United States Senate, United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2 ...
, the Democratic leader of the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
during the
110th Congress The 110th United States Congress was a meeting of the legislative branch of the United States federal government, between January 3, 2007, and January 3, 2009, during the last two years of the Presidency of George W. Bush. It was composed of ...
, and Senator
Patrick Leahy Patrick Joseph Leahy ( ; born March 31, 1940) is an American politician and attorney who represented Vermont in the United States Senate from 1975 to 2023. A member of the Democratic Party (United States), Democratic Party, he also was the pr ...
, 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 George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
, while the other 50 expired at an adjournment of the Senate, including 32 that were pending at the close of the
106th Congress The 106th United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, D.C., from January 3, 19 ...
. Eleven of his unsuccessful nominees were subsequently nominated to federal judgeships by other presidents, and all 11 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 United States federal court, federal court with appellate jurisdiction over the United States district court, district courts for the following United Sta ...
**Robert Raymar (of
New Jersey New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...
), to
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vacated by H. Lee Sarokin - Judgeship later filled by Clinton nominee Maryanne Trump Barry. ** Stephen Orlofsky (of
New Jersey New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by
Morton Ira Greenberg Morton Ira Greenberg (March 20, 1933 – January 28, 2021) was a United States circuit judge of the United States Court of Appeals for the Third Circuit. He was nominated by President Ronald Reagan on February 11, 1987 and was confirmed by th ...
- Judgeship later filled by Bush nominee
Michael Chertoff Michael Chertoff (born November 28, 1953) is an American attorney who was the second United States Secretary of Homeland Security to serve under President George W. Bush. Chertoff also served for one additional day under President Barack Obama. ...
. **
Robert J. Cindrich Robert James Cindrich (born September 22, 1943) is a former United States federal judge, United States district judge of the United States District Court for the Western District of Pennsylvania and a former federal judicial nominee to the United ...
(of
Pennsylvania Pennsylvania, officially the Commonwealth of Pennsylvania, is a U.S. state, state spanning the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, Appalachian, and Great Lakes region, Great Lakes regions o ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by Timothy K. Lewis - Judgeship later filled by Bush nominee D. Brooks Smith. *
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 United States federal court, federal court located in Richmond, Virginia, with appellate jurisdiction over the United States district court, district cou ...
** Andre M. Davis (of
Maryland Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by Francis D. Murnaghan, Jr. - Davis was nominated on October 6, 2000, during the final months of the Clinton presidency. The Senate took no action on the nomination, which was returned to the President on December 15, 2000. After Clinton's unsuccessful nomination of Davis, President
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
unsuccessfully nominated Claude Allen and Rod J. Rosenstein to succeed Judge Murnaghan. Davis was renominated to the same seat by President
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
in April 2009 and confirmed that year in November. ** James A. Beaty, Jr. (of
North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
), to
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vacated by James Dickson Phillips, Jr. - Judgeship was eventually filled by Obama nominee Albert Diaz of
North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
. ** James Andrew Wynn (of
North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
), to
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vacated by James Dickson Phillips, Jr. - Judgeship never filled by any Bush nominee; Wynn was renominated by President
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
to the same seat in November 2009 and was confirmed by the Senate in August 2010. ** S. Elizabeth Gibson (of
North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by Samuel James Ervin III - Gibson was nominated on October 26, 2000, during the final months of the Clinton presidency. The Senate took no action on the nomination, which was returned to the President on December 15, 2000. The judgeship was later filled by Bush nominee Allyson Kay Duncan. ** J. Rich Leonard (of
North Carolina North Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, South Carolina to the south, Georgia (U.S. stat ...
), to newly created
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
- Judgeship later filled by Clinton nominee Roger Gregory (of
Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...
) after being renominated by Bush in 2001. *
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 one of the 13 United States courts of appeals. It has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: ...
** Alston Johnson (of
Louisiana Louisiana ( ; ; ) is a state in the Deep South and South Central regions of the United States. It borders Texas to the west, Arkansas to the north, and Mississippi to the east. Of the 50 U.S. states, it ranks 31st in area and 25 ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by John Malcolm Duhé, Jr. - Judgeship later filled by Bush nominee Edith Brown Clement. ** Jorge Rangel (of
Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by William Lockhart Garwood - Judgeship later filled by Bush nominee Priscilla Owen. ** Enrique Moreno (of
Texas Texas ( , ; or ) is the most populous U.S. state, state in the South Central United States, South Central region of the United States. It borders Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the we ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by William Lockhart Garwood - Judgeship later filled by Bush nominee Priscilla Owen. *
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 K ...
**
Helene White Helene N. White (born December 2, 1954) is a Senior status, senior United States federal judge, United States circuit judge of the United States Court of Appeals for the Sixth Circuit. Previously, she was a judge on the Michigan Court of Appeals. ...
(of
Michigan Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by Damon Keith - Judgeship later filled by Bush nominee Richard A. Griffin; White was eventually confirmed to the Sixth Circuit when renominated by Bush in 2008. ** Kathleen McCree Lewis (of
Michigan Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by Cornelia Groefsema Kennedy - Judgeship later filled by Bush nominee Susan Bieke Neilson. ** Kent Markus (of
Ohio Ohio ( ) is a U.S. state, state in the Midwestern United States, Midwestern region of the United States. It borders Lake Erie to the north, Pennsylvania to the east, West Virginia to the southeast, Kentucky to the southwest, Indiana to the ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by David Aldrich Nelson - Judgeship later filled by Bush nominee Jeffrey S. Sutton. *
United States Court of Appeals for the Eighth Circuit The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts: * Eastern District of Arkansas * Western ...
** Bonnie Campbell (of
Iowa Iowa ( ) is a U.S. state, state in the upper Midwestern United States, Midwestern region of the United States. It borders the Mississippi River to the east and the Missouri River and Big Sioux River to the west; Wisconsin to the northeast, Ill ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by George Gardner Fagg - Judgeship later filled by Bush nominee Michael J. Melloy. *
United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * Distric ...
** James Ware (of
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by J. Clifford Wallace - Judgeship later filled by Clinton nominee Kim McLane Wardlaw. ** Barry Goode (of
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by
Charles E. Wiggins Charles Edward Wiggins (December 3, 1927 – March 2, 2000) was a United States representative from California, and later a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. He was initially elected to Cali ...
- Judgeship later filled by Bush nominee Carlos Bea. ** James E. Duffy, Jr. (of
Hawaii Hawaii ( ; ) is an island U.S. state, state of the United States, in the Pacific Ocean about southwest of the U.S. mainland. One of the two Non-contiguous United States, non-contiguous U.S. states (along with Alaska), it is the only sta ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by Cynthia Holcomb Hall (of
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
) - Judgeship later filled by Bush nominee Richard Clifton (of
Hawaii Hawaii ( ; ) is an island U.S. state, state of the United States, in the Pacific Ocean about southwest of the U.S. mainland. One of the two Non-contiguous United States, non-contiguous U.S. states (along with Alaska), it is the only sta ...
). *
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 * Dist ...
** James Lyons (of
Colorado Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by John Carbone Porfilio - Lyons was nominated on September 22, 1999. Both Senators from Colorado, Ben Nighthorse Campbell and Wayne Allard, were members of the Republican Party. Senator Campbell was supportive of the Lyons nomination, but Allard withheld his support and described Lyons as a "political operative" due to his representation of the Clintons during
Whitewater Whitewater forms in the context of rapids, in particular, when a river's Stream gradient, gradient changes enough to generate so much turbulence that air is trapped within the water. This forms an unstable current that foam, froths, making t ...
. Lyons' nomination was withdrawn on June 6, 2000. Clinton subsequently nominated Christine Arguello, also unsuccessfully. The judgeship was later filled by Bush nominee Timothy M. Tymkovich. ** Christine Arguello (of
Colorado Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by John Carbone Porfilio - Arguello was nominated on July 27, 2000, shortly after Clinton withdrew his earlier nomination of James Lyons. The Senate took no action on the nomination, which was returned to the President on December 15, 2000. The judgeship was later filled by Bush nominee Timothy M. Tymkovich. Arguello was eventually confirmed to a district court seat when nominated by Bush in 2008. *
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 appellate court over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * Southern District ...
** Charles "Bud" Stack (of
Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by Peter T. Fay - Judgeship later filled by Clinton nominee
Stanley Marcus Harold Stanley Marcus"Personal" (column), ''The Dallas Morning News'', November 9, 1905, page 5. (April 20, 1905 – January 22, 2002) was president (1950–1972) and later chairman of the board (1972–1976) of the luxury retailer Neima ...
. *
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. courts of appeals, ...
**
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. She was Elena Kagan Supreme Court nomination ...
(of the
District of Columbia Washington, D.C., formally the District of Columbia and commonly known as Washington or D.C., is the capital city and Federal district of the United States, federal district of the United States. The city is on the Potomac River, across from ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by James L. Buckley - Judgeship later filled by Bush nominee John G. Roberts, Jr. ** Allen Snyder (of
Maryland Maryland ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic region of the United States. It borders the states of Virginia to its south, West Virginia to its west, Pennsylvania to its north, and Delaware to its east ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but may also refer to concentrations of power in a wider sense (i.e " seat (legal entity)"). See disambiguation. Types of seat The ...
vacated by Patricia Wald - Judgeship later filled by Bush nominee Thomas B. Griffith.


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 The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * Distric ...
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 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. courts of appeals, ...
, 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 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. senat ...
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 Merrick Brian Garland (born November 13, 1952) is an American lawyer and jurist who served as the 86th United States attorney general from 2021 to 2025. He previously served as a circuit judge of the United States Court of Appeals for the Dist ...
instead. In its November 1997 issue, the American Spectator reported that President Clinton had intended to nominate
Teresa Wynn Roseborough Teresa Wynn Roseborough (born November 28, 1958) is an American lawyer, a former Deputy Assistant Attorney General during the Clinton administration and is the executive vice president and general counsel at The Home Depot. She used to be Deput ...
in 1997 to a vacant seat on the
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 appellate court over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * Southern District ...
after Judge Phyllis A. Kravitch took senior status. The American Spectator noted, however, that Sen.
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. senat ...
, 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.


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 The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a Standing committee (United States Congress), standing committee of 22 U.S. senators whose role is to oversee the United States Departm ...
, 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 George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
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: *
United States District Court for the District of Puerto Rico The United States District Court for the District of Puerto Rico (in case citations, D.P.R.; ) is the United States district court, federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is based in San ...
** Anabelle Rodriguez (judgeship later filled by Clinton nominee Jay A. García-Gregory) *
United States District Court for the Northern District of New York The United States District Court for the Northern District of New York (in case citations, N.D.N.Y.) serves one of the 94 judicial districts in the United States and one of four in the state of New York. Appeals from the Northern District of Ne ...
** Clarence J. Sundram (judgeship later filled by Clinton nominee David N. Hurd) *
United States District Court for the Eastern District of Pennsylvania The United States District Court for the Eastern District of Pennsylvania (in case citations, E.D. Pa.) is one of the original 13 federal judiciary districts created by the Judiciary Act of 1789. It originally sat in Independence Hall in Philad ...
** Frederica Massiah-Jackson, followed by Robert A. Freedberg (judgeship later filled by Clinton nominee Petrese B. Tucker) ** Legrome D. Davis (judgeship later filled by Davis himself, when he was renominated by George W. Bush in 2002 and then confirmed by the Senate) ** S. David Fineman (judgeship later filled by Bush nominee Cynthia M. Rufe) ** Stephen B. Lieberman (judgeship later filled by Bush nominee Timothy J. Savage) *
United States District Court for the Middle District of Pennsylvania The United States District Court for the Middle District of Pennsylvania (in case citations, M.D. Pa.) is a district level federal court with jurisdiction over approximately one half of Pennsylvania. The court was created in 1901 by subdividing t ...
** Patrick J. Toole (judgeship later filled by Clinton nominee A. Richard Caputo) *
United States District Court for the Western District of Pennsylvania The United States District Court for the Western District of Pennsylvania (in case citations, W.D. Pa.) is a federal trial court that sits in Pittsburgh, Erie, and Johnstown, Pennsylvania. It is composed of ten judges as authorized by federa ...
** John H. Bingler, Jr., followed by Lynette Norton (judgeship later filled by Bush nominee Arthur J. Schwab) ** David S. Cercone (judgeship was to become vacant when Judge
Robert J. Cindrich Robert James Cindrich (born September 22, 1943) is a former United States federal judge, United States district judge of the United States District Court for the Western District of Pennsylvania and a former federal judicial nominee to the United ...
was elevated to the
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 United States federal court, federal court with appellate jurisdiction over the United States district court, district courts for the following United Sta ...
but Cindrich never was confirmed to that post before Clinton's presidency ended; Cercone later was nominated to a different seat in the Western District by Bush and then confirmed by the Senate) ** Harry Litman (judgeship later filled by Bush nominee Joy Flowers Conti) * United States District Court for the Eastern District of North Carolina ** J. Rich Leonard (judgeship later filled by Bush nominee James C. Dever III) *
United States District Court for the Northern District of Texas The United States District Court for the Northern District of Texas (in case citations, N.D. Tex.) is a United States district court. Its first judge, Andrew Phelps McCormick, was appointed to the court on April 10, 1879. The court convenes in ...
** Cheryl B. Wattley (judgeship later filled by Clinton nominee Sam A. Lindsay) ** Michael D. Schattman (judgeship later filled by Clinton nominee Barbara M. Lynn) *
United States District Court for the Southern District of Texas The United States District Court for the Southern District of Texas (in case citations, S.D. Tex.) is the federal district court with jurisdiction over the southeastern part of Texas. The court's headquarters is in Houston, Houston, Texas, and ...
** Ricardo Morado (judgeship later filled by Bush nominee Andrew S. Hanen) *
United States District Court for the Northern District of Ohio The U.S. District Court for the Northern District of Ohio (in case citations, N.D. Ohio) is the federal trial court for the northern half of Ohio, encompassing most territories north of the city of Columbus, Ohio, Columbus. The court has courthou ...
** Steven D. Bell (judgeship later filled by Bush nominee John R. Adams) * United States District Court for the Central District of Illinois ** Sue E. Myerscough (judgeship later filled by Clinton nominee Michael P. McCuskey) (Myerscough later renominated by President Obama to a different seat on the same court and confirmed in 2011) *
United States District Court for the Northern District of Illinois The United States District Court for the Northern District of Illinois (in case citations, N.D. Ill.) is the federal trial court with jurisdiction over the northern counties of Illinois. It is one of the busiest federal trial courts in the Uni ...
** Jeffrey D. Colman (judgeship later filled by Clinton nominee Ronald A. Guzman) * United States District Court for the Southern District of Illinois ** Wenona Y. Whitfield (judgeship later filled by Clinton nominee David R. Herndon) * United States District Court for the Eastern District of Missouri ** Ronnie L. White (Nomination rejected by the Senate) (judgeship later filled by Bush nominee Henry Autrey; White later was nominated and confirmed to a different seat on the Eastern District by Obama) *
United States District Court for the Western District of Missouri The United States District Court for the Western District of Missouri (in case citations, W.D. Mo.) is the federal judicial district encompassing 66 counties in the western half of the State of Missouri. The Court is based in the Charles Evans ...
** Leland M. Shurin (judgeship later filled by Clinton nominee Gary A. Fenner) *
United States District Court for the District of Nebraska United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...
** Steven E. Achelpohl (judgeship later filled by Bush nominee Laurie Smith Camp) *
United States District Court for the Central District of California The United States District Court for the Central District of California (in case citations, C.D. Cal.; commonly referred to as the CDCA or CACD) is a United States district court, federal trial court that serves over 19 million people in South ...
** R. Samuel Paz (judgeship later filled by Clinton nominee George H. King) ** Dolly M. Gee (judgeship later filled by Bush nominee John F. Walter; Gee later was nominated and confirmed to a different seat on the Central District by Obama) ** Fredric D. Woocher (judgeship later filled by Bush nominee Percy Anderson) *
United States District Court for the Eastern District of California The United States District Court for the Eastern District of California (in case citations, E.D. Cal.) is a federal court in the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appe ...
** Marian M. Johnston (judgeship later filled by Bush nominee Morrison C. England Jr.) * United States District Court for the Southern District of California ** Judith D. McConnell (judgeship later filled by Clinton nominee Barry Ted Moskowitz) ** Lynne R. Lasry (judgeship later filled by Clinton nominee Thomas J. Whelan) *
United States District Court for the District of Hawaii The United States District Court for the District of Hawaii (in case citations, D. Haw.) is the principal trial court of the United States Federal Court System in the state of Hawaii. The court's territorial jurisdiction encompasses the st ...
** John S. W. Lim (judgeship later filled by Bush nominee John Michael Seabright) * United States District Court for the District of Idaho ** John R. Tait (judgeship later filled by Clinton nominee Lynn Winmill) *
United States District Court for the District of Montana The United States District Court for the District of Montana (in case citations, D. Mont.) is the United States District Court whose jurisdiction is the state of Montana (except the part of the state within Yellowstone National Park, which is und ...
** Richard W. Anderson (judgeship later filled by Bush nominee Sam E. Haddon) *
United States District Court for the District of Nevada The United States District Court for the District of Nevada (in case citations, D. Nev.) is the federal district court whose jurisdiction is the state of Nevada. The court has locations in Las Vegas and Reno. Cases from the District of Nevada ...
** Linda B. Riegle (judgeship later filled by Bush nominee Larry R. Hicks) *
United States District Court for the District of Colorado The United States District Court for the District of Colorado (in case citations, D. Colo. or D. Col.) is a federal court in the Tenth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are a ...
** Patricia A. Coan (judgeship later filled by Bush nominee Robert E. Blackburn) * United States District Court for the District of Kansas ** K. Gary Sebelius (judgeship later filled by Bush nominee Julie A. Robinson) * United States District Court for the Northern District of Oklahoma ** Frank H. McCarthy (judgeship later filled by Bush nominee Claire Eagan) * United States District Court for the Western District of Oklahoma ** Valerie K. Couch (judgeship later filled by Bush nominee Stephen P. Friot) ** Melvin C. Hall (judgeship later filled by Bush nominee Joe L. Heaton) *
United States District Court for the Northern District of Alabama The United States District Court for the Northern District of Alabama (in case citations, N.D. Ala.) is a federal court in the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are a ...
** John D. Snodgrass (judgeship later filled by Clinton nominee Charles Lynwood Smith Jr.) ** Kenneth O. Simon (judgeship later filled by Bush nominee Karon O. Bowdre) *
United States District Court for the Southern District of Florida The United States District Court for the Southern District of Florida (in case citations, S.D. Fla. or S.D. Fl.) is the federal United States district court with territorial jurisdiction over the southern part of the state of Florida. Appeals ...
** Theodore Klein, followed by Bruce W. Greer (judgeship later filled by Clinton nominee Donald M. Middlebrooks) *
United States District Court for the Northern District of Georgia The United States District Court for the Northern District of Georgia (in case citations, N.D. Ga.) is a United States district court which serves the residents of forty-six counties. These are divided up into four divisions. Appeals from case ...
** Gail S. Tusan (judgeship later filled by Clinton nominee Beverly B. Martin) *
United States District Court for the District of Columbia The United States District Court for the District of Columbia (in case citations, D.D.C.) is a United States district court, federal district court in Washington, D.C. Along with the United States District Court for the District of Hawaii and ...
** James W. Klein (judgeship later filled by Bush nominee
John D. Bates John Deacon Bates (born October 11, 1946) is an American lawyer and jurist serving as a senior United States district judge of the U.S. District Court for the District of Columbia. He was appointed in 2001 by President George W. Bush, and he as ...
) ** Rhonda C. Fields (judgeship later filled by Bush nominee Reggie Walton)


See also

*
United States federal judge In the United States, a federal judge is a judge who serves on a court established under Article Three of the U.S. Constitution. Often called "Article III judges", federal judges include the chief justice and associate justices of the U.S. S ...
* Judicial appointment history for United States federal courts *
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 ...


Notes


References

*https://web.archive.org/web/20051114151130/http://archives.cnn.com/2000/ALLPOLITICS/stories/05/06/clinton.judge/index.html *https://www.nytimes.com/2000/07/01/us/2000-campaign-vice-president-gore-praises-values-virtues-hispanics.html {{U.S. Presidents and the Judiciary judicial appointments Clinton, Bill