During President
Jimmy Carter
James Earl Carter Jr. (October 1, 1924December 29, 2024) was an American politician and humanitarian who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party ...
's presidency, he nominated four people for four different
federal appellate judgeships who were not processed by the
Democratic-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 ...
before Carter's presidency ended. None of the four nominees were renominated by Carter's successor, President
Ronald Reagan
Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...
. Three of the nominees who were not processed (
Eugene Nickerson,
Nicholas Bua and
Howard F. Sachs) were nominated after July 1, 1980, the traditional start date of the unofficial
Thurmond rule during a presidential election year. All four seats eventually were filled by appointees of President
Ronald Reagan
Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...
.
The four nominees were blocked in committee; no committee hearings ever were held for any of the three. The nominees were held up at the same time that in an unprecedented move, the Senate chose to take up Carter's November 13, 1980, nomination—after he already had lost the 1980 presidential election to
Ronald Reagan
Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...
—of
Stephen Breyer
Stephen Gerald Breyer ( ; born August 15, 1938) is an American lawyer and retired jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and r ...
to an appellate judgeship on the
United States Court of Appeals for the First Circuit
The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts:
* District of Maine
* District of Massachusetts ...
. The Senate wound up confirming Breyer (whom President
Bill Clinton
William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician and lawyer who was the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party (United States), Democratic Party, ...
appointed to the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
in 1994) during the lame-duck session of the
96th Congress
The 96th 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, 1979 ...
the following month. (Breyer's appellate court confirmation in 1980, which was the result of support from both Democrats and Republicans on 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 ...
, often is cited as evidence disproving the existence of the Thurmond Rule.)
During his presidency, Carter also nominated 16 people for 15 different
federal district judgeships who were never confirmed by the United States Senate.
List of unconfirmed appellate nominees
*
United States Court of Appeals for the Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory covers the states of Connecticut, New York (state), New York, and Vermont, and it has ap ...
**New York seat -
Eugene Nickerson (judgeship later filled by Reagan nominee
Lawrence W. Pierce)
*
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:
...
**Texas seat -
Andrew L. Jefferson, Jr. (judgeship later filled by Reagan nominee
William Lockhart Garwood)
*
United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is the U.S. United States federal court, federal court with appellate jurisdiction over the United States district court, courts in the following United Stat ...
**Illinois seat -
Nicholas Bua (judgeship later filled by Reagan nominee
Richard Posner
Richard Allen Posner (; born January 11, 1939) is an American legal scholar and retired United States circuit judge who served on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chicag ...
)
*
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 ...
**Missouri seat -
Howard F. Sachs (judgeship later filled by Reagan nominee
John R. Gibson)
Others who were considered for nomination
In 1978 or 1979, Carter strongly and publicly had considered nominating
Joan Krauskopf, then a law professor at the
University of Missouri
The University of Missouri (Mizzou or MU) is a public university, public Land-grant university, land-grant research university in Columbia, Missouri, United States. It is Missouri's largest university and the flagship of the four-campus Univers ...
, to a newly created seat on the
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 ...
. However, Krauskopf received a "not qualified" rating from the
American Bar Association
The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated acti ...
because of an alleged lack of judicial experience. A White House staffer disputed that assertion, noting that the judges on the Eighth Circuit felt Krauskopf's teaching responsibilities had give her the requisite experience to handle the job, and that Krauskopf was thought by some in the ABA to be too liberal. Despite support for her candidacy by Missouri Sen.
Thomas Eagleton
Thomas Francis Eagleton (September 4, 1929 – March 4, 2007) was an American lawyer who served as a United States senator from Missouri from 1968 to 1987. He was briefly the Democratic vice presidential nominee under George McGovern in 1972. H ...
, Carter himself, on the recommendation of his attorney general,
Griffin Bell, made the decision not to proceed with Krauskopf's nomination.
Ultimately, Carter wound up nominating
Richard S. Arnold
Richard Sheppard Arnold (March 26, 1936 – September 23, 2004) was a United States district judge of the United States District Court for the Eastern District of Arkansas and the United States District Court for the Western District of Arkansa ...
to the seat in late 1979; he was confirmed in 1980.
Unconfirmed district court nominees
During his presidency, Carter nominated 16 people for 15 different
federal district judgeships to federal district courts who never were confirmed by the U.S. Senate. Like the appellate court nominations mentioned above, many of these nominees were blocked by Republicans. One, however, was not confirmed because he died while his nomination was pending.
Of the 15 federal district judgeship vacancies in question, three eventually were filled with different Carter nominees and 12 were filled by nominees of President
Ronald Reagan
Ronald Wilson Reagan (February 6, 1911 – June 5, 2004) was an American politician and actor who served as the 40th president of the United States from 1981 to 1989. He was a member of the Republican Party (United States), Republican Party a ...
. Of Carter's 16 failed district court nominees, four,
I. Leo Glasser,
John E. Sprizzo,
James Parker Jones and
Ralph Wilson Nimmons, Jr., subsequently were nominated by Presidents Ronald Reagan, George H. W. Bush or Bill Clinton to federal district judgeships. Also, another of the 16,
Walter Meheula Heen, was given a recess appointment to his district judgeship by Carter and as a result served as a federal judge for close to a year into the presidency of Reagan, who chose not to renominate and seek a full Senate vote on Heen.
The failed Carter district court nominees:
*
United States District Court for the District of Maine
**
David G. Roberts (nominated August 26, 1980; judgeship later filled by Reagan appointee
Conrad K. Cyr)
*
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 ...
**
Miguel A. Gimenez-Munoz (nominated July 31, 1980; judgeship later filled by Reagan appointee
Jaime Pieras, Jr.)
*
**
Philip Weinberg (nominated September 17, 1980; judgeship later filled by Reagan appointee (and failed Carter nominee)
I. Leo Glasser)
**
I. Leo Glasser (nominated September 17, 1980; judgeship later filled by Reagan appointee
Joseph M. McLaughlin; Glasser later was appointed by Reagan to a different seat on the Eastern District of New York)
*
**
John E. Sprizzo (nominated June 2, 1980; judgeship later filled by Sprizzo himself, after President Reagan renominated him the following year)
*
**
Leonardo "Len" Paletta (nominated April 7, 1978; died while nomination was pending; judgeship later filled by Carter appointee
Alan Neil Bloch)
*
United States District Court for the Eastern District of North Carolina
**
Charles B. Winberry (nominated March 29, 1979, and withdrawn August 26, 1980; judgeship later filled by Reagan appointee
James Carroll Fox)
**
S. Gerald Arnold (nominated August 26, 1980; judgeship later filled by Reagan appointee
James Carroll Fox)
*
**
James Edward Sheffield (nominated April 9, 1980; judgeship later filled by Reagan appointee
James C. Cacheris)
*
**
James Parker Jones (nominated on May 16, 1979; judgeship later filled by Reagan appointee
Jackson L. Kiser; Jones later was nominated and confirmed to a different seat on the Western District of Virginia by President Clinton)
*
**
Peter M. Lowry (nominated August 26, 1980; judgeship later filled by Reagan appointee
James Robertson Nowlin)
*
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 ...
**
Gerald B. Lackey (nominated August 26, 1980; judgeship later filled by Reagan appointee
Alvin I. Krenzler)
*
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 ...
**
Walter Meheula Heen (nominated February 29, 1980, and renominated January 8, 1981; in the interim, Carter gave Heen a recess appointment to the District of Hawaii, and Heen served as a judge for close to one year of Reagan's presidency; the Senate never acted on Carter's nominations of Heen and Reagan never renominated him to the District of Hawaii; judgeship later filled by Reagan appointee
Harold Michael Fong)
*
United States District Court for the Middle District of Alabama
**
Fred Gray (nominated January 10, 1980; nomination withdrawn September 17, 1980; judgeship later filled by Carter appointee
Myron Herbert Thompson)
*
**
Ralph Wilson Nimmons, Jr. (nominated on September 17, 1980; judgeship later filled by Reagan appointee
John H. Moore II; Nimmons later was nominated and confirmed to a different seat on the Middle District of Florida by President George H. W. Bush)
*
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 ...
**
Carin Clauss (nominated on September 19, 1978; judgeship later filled by Carter appointee
Joyce Hens Green)
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 ...
References
{{U.S. Presidents and the Judiciary
1980 controversies in the United States
1980 in American law
1980 in American politics
Carter, Jimmy
judicial appointment controversies
Judicial appointments