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

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

List of unsuccessful federal judicial nominations

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 Of these, one, Ronnie L. White, was rejected by the Senate, 11 were withdrawn by President Clinton, 10 were withdrawn by President George W. Bush, while the other 50 expired at an adjournment of the Senate, including 32 that were pending at the close of the 106th Congress.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

Nominee Court Nomination
date 		Date of
final action 		Final action Subsequent federal judicial nominations Seat filled by Ref.
Courts of appeals
Charles Stack 11th Cir. October 27, 1995 May 13, 1996 withdrawn by Pres. Clinton Stanley Marcus [1]
James A. Beaty Jr. 4th Cir. December 22, 1995 October 21, 1998 returned to the president James A. Wynn Jr. [2][3]
J. Rich Leonard 4th Cir. December 22, 1995 October 4, 1996 returned to the president Roger Gregory [4]
Helene White 6th Cir. January 7, 1997 March 19, 2001 withdrawn by Pres. Bush 6th Cir. (nominated April 15, 2008, confirmed June 24, 2008) Richard Allen Griffin [5][6][7]
James Ware 9th Cir. June 27, 1997 November 7, 1997 withdrawn by Pres. Clinton Kim McLane Wardlaw [8]
Jorge Rangel 5th Cir. July 24, 1997 October 21, 1998 returned to the president Priscilla Richman [9]
Robert S. Raymar 3rd Cir. June 5, 1998 October 21, 1998 returned to the president Maryanne Trump Barry [10]
Barry Goode 9th Cir. June 24, 1998 March 19, 2001 withdrawn by Pres. Bush Carlos Bea [11][12][13]
Barbara Durham 9th Cir. January 26, 1999 August 5, 1999 returned to the president Richard C. Tallman [14]
Alston Johnson 5th Cir. April 22, 1999 March 19, 2001 withdrawn by Pres. Bush Edith Brown Clement [15][16]
James E. Duffy Jr. 9th Cir. June 17, 1999 March 19, 2001 withdrawn by Pres. Bush Richard Clifton [17][18]
Elena Kagan D.C. Cir. June 17, 1999 December 15, 2000 returned to the president SCOTUS (nominated May 10, 2010, confirmed August 5, 2010) John Roberts [19]
James A. Wynn Jr. 4th Cir. August 5, 1999 March 19, 2001 withdrawn by Pres. Bush 4th Cir. (nominated November 4, 2009, confirmed August 5, 2010) Himself [20][21]
Kathleen McCree Lewis 6th Cir. September 16, 1999 March 19, 2001 withdrawn by Pres. Bush Susan Bieke Neilson [22][23]
Enrique Moreno 5th Cir. September 16, 1999 March 19, 2001 withdrawn by Pres. Bush Priscilla Richman [24][25]
James Lyons 10th Cir. September 22, 1999 June 6, 2000 withdrawn by Pres. Clinton Timothy Tymkovich [26]
Allen Snyder D.C. Cir. September 22, 1999 December 15, 2000 returned to the president Thomas B. Griffith [27]
Kent Markus 6th Cir. February 9, 2000 December 15, 2000 returned to the president Jeffrey Sutton [28]
Robert J. Cindrich 3rd Cir. February 9, 2000 December 15, 2000 returned to the president D. Brooks Smith [29]
Bonnie Campbell 8th Cir. March 2, 2000 March 19, 2001 withdrawn by Pres. Bush Michael Joseph Melloy [30][31]
Stephen Orlofsky 3rd Cir. May 25, 2000 December 15, 2000 returned to the president Michael Chertoff [32]
Roger Gregory[a] 4th Cir. June 30, 2000 March 19, 2001 withdrawn by Pres. Bush 4th Cir. (nominated May 9, 2001, confirmed July 20, 2001) Himself [33][34]
Christine Arguello 10th Cir. July 27, 2000 December 15, 2000 returned to the president D. Colo. (nominated July 10, 2008, confirmed September 26, 2008) Timothy Tymkovich [35]
Andre M. Davis 4th Cir. October 6, 2000 December 15, 2000 returned to the president 4th Cir. (nominated April 2, 2009, confirmed November 9, 2009) Himself [36]
S. Elizabeth Gibson 4th Cir. October 26, 2000 December 15, 2000 returned to the president Allyson K. Duncan [37]
District courts
Theodore Klein S.D. Fla. November 1, 1993 November 14, 1994 returned to the president Donald M. Middlebrooks [38]
R. Samuel Paz C.D. Cal. March 24, 1994 November 14, 1994 returned to the president George H. King [39]
Judith D. McConnell S.D. Cal. August 5, 1994 November 14, 1994 returned to the president Barry Ted Moskowitz [40]
John R. Tait D. Idaho August 25, 1994 November 14, 1994 returned to the president B. Lynn Winmill [41]
John D. Snodgrass N.D. Ala. September 22, 1994 September 5, 1995 withdrawn by Pres. Clinton Charles Lynwood Smith Jr. [42][43]
Patrick J. Toole Jr. M.D. Pa. September 26, 1994 November 14, 1994 returned to the president A. Richard Caputo [44]
Wenona Y. Whitfield S.D. Ill. March 23, 1995 October 4, 1996 returned to the president David R. Herndon [45]
Leland M. Shurin W.D. Mo. April 4, 1995 September 5, 1995 withdrawn by Pres. Clinton Gary A. Fenner [46]
John H. Bingler Jr. W.D. Pa. July 21, 1995 February 12, 1998 withdrawn by Pres. Clinton Arthur J. Schwab [47][48]
Bruce W. Greer S.D. Fla. August 1, 1995 May 13, 1996 withdrawn by Pres. Clinton Donald M. Middlebrooks [49]
Clarence J. Sundram N.D.N.Y. September 29, 1995 October 21, 1998 returned to the president David N. Hurd [50][51]
Sue E. Myerscough C.D. Ill. October 11, 1995 October 4, 1996 returned to the president C.D. Ill. (nominated June 17, 2010, confirmed March 7, 2011) Michael P. McCuskey [52]
Cheryl B. Wattley N.D. Tex. December 12, 1995 October 4, 1996 returned to the president Sam A. Lindsay [53]
Michael D. Schattman N.D. Tex. December 19, 1995 July 31, 1998 withdrawn by Pres. Clinton Barbara M. Lynn [54][55]
Anabelle Rodriguez D.P.R. January 26, 1996 October 21, 1998 returned to the president Jay A. García-Gregory [56][57]
Lynne R. Lasry S.D. Cal. February 12, 1997 February 12, 1998 withdrawn by Pres. Clinton Thomas J. Whelan [58]
Ronnie L. White E.D. Mo. June 26, 1997 October 5, 1999 rejected by the Senate E.D. Mo. (nominated November 7, 2013, confirmed July 16, 2014) Henry Autrey [59][60]
Frederica Massiah-Jackson E.D. Pa. July 31, 1997 March 16, 1998 withdrawn by Pres. Clinton Petrese B. Tucker [61]
Jeffrey D. Colman N.D. Ill. July 31, 1997 October 21, 1998 returned to the president Ronald A. Guzman [62]
James W. Klein D.D.C. January 27, 1998 December 15, 2000 returned to the president John D. Bates [63][64]
Robert A. Freedberg E.D. Pa. April 23, 1998 October 21, 1998 returned to the president Petrese B. Tucker [65]
Lynette Norton W.D. Pa. April 29, 1998 December 15, 2000 returned to the president Arthur J. Schwab [66][67]
Legrome D. Davis E.D. Pa. July 30, 1998 December 15, 2000 returned to the president E.D. Pa. (nominated January 23, 2002, confirmed April 18, 2022) Himself [68][69]
J. Rich Leonard E.D.N.C. March 24, 1999 December 15, 2000 returned to the president James C. Dever III [70]
Frank H. McCarthy N.D. Okla. April 30, 1999 December 15, 2000 returned to the president Claire Eagan [71]
Patricia A. Coan D. Colo. May 27, 1999 December 15, 2000 returned to the president Robert E. Blackburn [72]
Dolly Gee C.D. Cal. May 27, 1999 December 15, 2000 returned to the president C.D. Cal. (nominated August 6, 2009, confirmed December 24, 2009) John F. Walter [73]
Fredric D. Woocher C.D. Cal. May 27, 1999 December 15, 2000 returned to the president Percy Anderson [74]
Gail S. Tusan N.D. Ga. August 3, 1999 March 27, 2000 withdrawn by Pres. Clinton Beverly B. Martin [75]
Steven D. Bell N.D. Ohio August 5, 1999 December 15, 2000 returned to the president John R. Adams [76]
Rhonda C. Fields D.D.C. November 17, 1999 December 15, 2000 returned to the president Reggie Walton [77]
S. David Fineman E.D. Pa. March 9, 2000 December 15, 2000 returned to the president Cynthia M. Rufe [78]
Linda B. Riegle D. Nev. April 25, 2000 December 15, 2000 returned to the president Larry R. Hicks [79]
Ricardo Morado S.D. Tex. May 11, 2000 December 15, 2000 returned to the president Andrew Hanen [80]
K. Gary Sebelius D. Kan. June 6, 2000 December 15, 2000 returned to the president Julie A. Robinson [81]
Kenneth O. Simon N.D. Ala. June 6, 2000 December 15, 2000 returned to the president Karon O. Bowdre [82]
John S. W. Lim D. Haw. June 8, 2000 December 15, 2000 returned to the president John Michael Seabright [83]
David S. Cercone W.D. Pa. July 27, 2000 December 15, 2000 returned to the president W.D. Pa. (nominated March 21, 2002, confirmed August 1, 2002) vacancy nullified [84]
Harry Litman W.D. Pa. July 27, 2000 December 15, 2000 returned to the president Joy Flowers Conti [85]
Valerie K. Couch W.D. Okla. September 7, 2000 December 15, 2000 returned to the president Stephen P. Friot [86]
Marian McClure Johnston E.D. Cal. September 7, 2000 December 15, 2000 returned to the president Morrison C. England Jr. [87]
Steven E. Achelpohl D. Neb. September 12, 2000 December 15, 2000 returned to the president Laurie Smith Camp [88]
Richard W. Anderson D. Mont. September 13, 2000 December 15, 2000 returned to the president Sam E. Haddon [89]
Stephen B. Lieberman E.D. Pa. September 14, 2000 December 15, 2000 returned to the president Timothy J. Savage [90]
Melvin C. Hall W.D. Okla. October 3, 2000 December 15, 2000 returned to the president Joe L. Heaton [91]
Court of International Trade
Jeffrey G. Stark Intl. Trade April 29, 1998 October 21, 1998 returned to the president Richard K. Eaton [92]
Article I courts
Sarah L. Wilson[b] Fed. Cl. January 3, 2001 March 19, 2001 withdrawn by Pres. Bush Mary Ellen Coster Williams [93]

Failed appellate nominees

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

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

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

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

Failed district court nominees

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

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

The failed Clinton district court nominees:

See also

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Notes

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  1. ^ Received a recess appointment on December 27, 2000.
  2. ^ Received a recess appointment on January 19, 2001.

References

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


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