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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 Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
-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, a ...
. Three of the nominees who were not processed (
Christine Arguello Christine Marie Arguello (born July 15, 1955) is an American lawyer and jurist serving as a Senior status, senior United States federal judge, United States district judge of the United States District Court for the District of Colorado and is a ...
,
Andre M. Davis Andre Maurice Davis (born February 11, 1949) is the former city solicitor for Baltimore and a former United States federal judge, United States circuit judge of the United States Court of Appeals for the Fourth Circuit. He was formerly a United ...
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 who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
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 senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2017 and was the Sena ...
, the Democratic leader of the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
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 is the senior United States senator from Vermont and serves as the president pro tempore of the United States Senate. A member of the Democratic Party, ...
, 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 who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
, 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 federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * Ea ...
**Robert Raymar (of
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by
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 ...
- Judgeship later filled by Clinton nominee
Maryanne Trump Barry Maryanne Trump Barry (born April 5, 1937) is an American attorney and a retired United States federal judge. She became an Assistant United States Attorney in 1974, and was first appointed to the United States District Court for the District of ...
. ** Stephen Orlofsky (of
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by
Morton Ira Greenberg Morton Ira Greenberg (March 20, 1933 – January 28, 2021) was a Senior 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 confirme ...
- 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. H ...
. ** Robert J. Cindrich (of
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by
Timothy K. Lewis Timothy Kimbrue Lewis (born November 2, 1954, in Pittsburgh, Pennsylvania) is a former United States federal judge, United States circuit judge of the United States Court of Appeals for the Third Circuit and is currently an attorney at the law fi ...
- Judgeship later filled by Bush nominee
D. Brooks Smith David Brookman Smith (born December 4, 1951), known professionally as D. Brooks Smith, is a Senior United States circuit judge of the United States Court of Appeals for the Third Circuit. He was previously Chief Judge of both the United States C ...
. *
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 Maryla ...
**
Andre M. Davis Andre Maurice Davis (born February 11, 1949) is the former city solicitor for Baltimore and a former United States federal judge, United States circuit judge of the United States Court of Appeals for the Fourth Circuit. He was formerly a United ...
(of
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
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 who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
unsuccessfully nominated
Claude Allen Claude Alexander Allen Jr. (born October 11, 1960) is an American attorney who was appointed to be Assistant to the President of the United States for Domestic Policy by George W. Bush. Allen grew up in Philadelphia and graduated from the Univ ...
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 served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
in April 2009 and confirmed that year in November. ** James A. Beaty, Jr. (of
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by James Dickson Phillips, Jr. - Judgeship was eventually filled by Obama nominee Albert Diaz of
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
. ** James Andrew Wynn (of
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
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 served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
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 state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by
Samuel James Ervin III Samuel James Ervin III (March 2, 1926 – September 18, 1999) was a United States circuit judge of the United States Court of Appeals for the Fourth Circuit and the son of United States Senator Sam Ervin. Education and career Ervin was born in ...
- 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 Allyson Kay Duncan (born September 5, 1951, in Durham, North Carolina) is a former United States circuit judge of the United States Court of Appeals for the Fourth Circuit. She was the Fourth Circuit's first female African American judge. Backgro ...
. ** J. Rich Leonard (of
North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...
), to newly created
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
- 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 Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
) 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 a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * M ...
** Alston Johnson (of
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is borde ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by John Malcolm Duhé, Jr. - Judgeship later filled by Bush nominee
Edith Brown Clement Edith "Joy" Brown Clement (born April 29, 1948) is a Senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit, based in New Orleans, Louisiana. Background Clement was born in Birmingham, Alabama, the daug ...
. ** Jorge Rangel (of
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by
William Lockhart Garwood William Lockhart Garwood (October 29, 1931 – July 14, 2011) was a United States circuit judge of the United States Court of Appeals for the Fifth Circuit. Education and career Born in Houston, Texas, to Wilmer St. John Garwood (1896–1987) a ...
- Judgeship later filled by Bush nominee
Priscilla Owen Priscilla Richman (formerly Priscilla Richman Owen) (born October 4, 1954) is an American lawyer and jurist serving as the chief United States circuit judge of the United States Court of Appeals for the Fifth Circuit. She was previously a justice ...
. ** Enrique Moreno (of
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by
William Lockhart Garwood William Lockhart Garwood (October 29, 1931 – July 14, 2011) was a United States circuit judge of the United States Court of Appeals for the Fifth Circuit. Education and career Born in Houston, Texas, to Wilmer St. John Garwood (1896–1987) a ...
- Judgeship later filled by Bush nominee
Priscilla Owen Priscilla Richman (formerly Priscilla Richman Owen) (born October 4, 1954) is an American lawyer and jurist serving as the chief United States circuit judge of the United States Court of Appeals for the Fifth Circuit. She was previously a justice ...
. *
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 ...
**
Helene White Helene N. White (born December 2, 1954) is a Senior 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. Background Born in Jackson Heights, Q ...
(of
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by
Damon Keith Damon Jerome Keith (July 4, 1922 – April 28, 2019) was a United States circuit judge of the United States Court of Appeals for the Sixth Circuit and a former United States District Judge of the United States District Court for the Eastern Distr ...
- 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 Kathleen McCree Lewis (September 27, 1947 – October 16, 2007) was an American lawyer and former federal judicial nominee to the United States Court of Appeals for the Sixth Circuit. Early life and education Lewis was born in Boston. Lewis ...
(of
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by
Cornelia Groefsema Kennedy Cornelia Groefsema Kennedy (née Groefsema; August 4, 1923 – May 12, 2014) was a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. Education and career Born in Detroit, Michigan, Kennedy graduated from th ...
- Judgeship later filled by Bush nominee
Susan Bieke Neilson Susan Bieke Neilson (August 27, 1956 – January 25, 2006) was a United States circuit judge of the United States Court of Appeals for the Sixth Circuit, and before that, a state trial judge in Michigan. Neilson was nominated by President Geor ...
. ** Kent Markus (of
Ohio Ohio () is a state in the Midwestern region of the United States. Of the fifty U.S. states, it is the 34th-largest by area, and with a population of nearly 11.8 million, is the seventh-most populous and tenth-most densely populated. The sta ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by
David Aldrich Nelson David Aldrich Nelson (August 14, 1932 – October 1, 2010) was a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. Early life Born at Watertown, New York to son of Carlton Low Nelson and Irene Demetria Al ...
- 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 Dis ...
** Bonnie Campbell (of
Iowa Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by George Gardner Fagg - Judgeship later filled by Bush nominee
Michael J. Melloy Michael Joseph Melloy (born January 15, 1948) is a Senior United States circuit judge of the United States Court of Appeals for the Eighth Circuit. Education and military service He was born in Dubuque, Iowa and graduated from Wahlert High Schoo ...
. *
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 in the following federal judicial districts: * District ...
** James Ware (of
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by
J. Clifford Wallace John Clifford Wallace (born December 11, 1928) is a United States federal judge, Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit and previously was a United States district judge of the United States ...
- Judgeship later filled by Clinton nominee
Kim McLane Wardlaw Kim McLane Wardlaw (born July 2, 1954) is an American lawyer and jurist serving as a U.S. circuit judge of the U.S. Court of Appeals for the Ninth Circuit since 1998. She is the first Hispanic American woman to be appointed to a federal appeals ...
. **
Barry Goode Barry P. Goode (born April 11, 1948) is a judge in Contra Costa County, California, and a former federal judicial nominee to the U.S. Court of Appeals for the Ninth Circuit. Early life and education A New York native, Goode earned a bachelor's de ...
(of
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by Charles E. Wiggins - Judgeship later filled by Bush nominee
Carlos Bea Carlos Tiburcio Bea (born April 18, 1934) is a Senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. He was appointed to that court by President George W. Bush in 2003 to replace Judge Charles Edward Wi ...
. ** James E. Duffy, Jr. (of
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by
Cynthia Holcomb Hall Cynthia Holcomb Hall (February 19, 1929 – February 26, 2011) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit and a United States district judge of the United States District Court for the Central Di ...
(of
California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
) - Judgeship later filled by Bush nominee Richard Clifton (of
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
). *
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 (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by
John Carbone Porfilio John Carbone Porfilio (born October 14, 1934) is an inactive Senior United States circuit judge of the United States Court of Appeals for the Tenth Circuit and a former United States District Judge of the United States District Court for the Dis ...
- Lyons was nominated on September 22, 1999. Both Senators from Colorado,
Ben Nighthorse Campbell Ben Nighthorse Campbell (born April 13, 1933) is an American Cheyenne politician who represented Colorado's 3rd congressional district in the United States House of Representatives from 1987 to 1993, and as a United States Senator from Colorado f ...
and
Wayne Allard Alan Wayne Allard (born December 2, 1943) is an American veterinarian and politician who served as a United States Representative (1991–1997) and United States Senator (1997–2009) from Colorado, as well as previously a Colorado State Senator ...
, 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 a rapid context, in particular, when a river's gradient changes enough to generate so much turbulence that air is trapped within the water. This forms an unstable current that froths, making the water appear opaque and ...
. Lyons' nomination was withdrawn on June 6, 2000. Clinton subsequently nominated
Christine Arguello Christine Marie Arguello (born July 15, 1955) is an American lawyer and jurist serving as a Senior status, senior United States federal judge, United States district judge of the United States District Court for the District of Colorado and is a ...
, also unsuccessfully. The judgeship was later filled by Bush nominee Timothy Tymkovich, Timothy M. Tymkovich. **
Christine Arguello Christine Marie Arguello (born July 15, 1955) is an American lawyer and jurist serving as a Senior status, senior United States federal judge, United States district judge of the United States District Court for the District of Colorado and is a ...
(of
Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
), to
seat A seat is a place to sit. The term may encompass additional features, such as back, armrest, head restraint but also headquarters in a wider sense. Types of seat The following are examples of different kinds of seat: * Armchair (furniture), ...
vacated by
John Carbone Porfilio John Carbone Porfilio (born October 14, 1934) is an inactive Senior United States circuit judge of the United States Court of Appeals for the Tenth Circuit and a former United States District Judge of the United States District Court for the Dis ...
- 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 Tymkovich, 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 **Charles "Bud" Stack (of Florida), to United States Court of Appeals for the Eleventh Circuit#Succession of seats, seat vacated by Peter T. Fay - Judgeship later filled by Clinton nominee Stanley Marcus (judge), Stanley Marcus. *United States Court of Appeals for the District of Columbia **Elena Kagan (of the Washington, D.C., District of Columbia), to United States Court of Appeals for the District of Columbia Circuit#Succession of seats, seat vacated by James L. Buckley - Judgeship later filled by Bush nominee John G. Roberts, Jr. **Allen Snyder (lawyer), Allen Snyder (of
Maryland Maryland ( ) is a state in the Mid-Atlantic region of the United States. It shares borders with Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware and the Atlantic Ocean to ...
), to United States Court of Appeals for the District of Columbia Circuit#Succession of seats, seat 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 in the following federal judicial districts: * District ...
as part of a deal with then-Washington Sen. Slade Gorton, withdrew because of illness. Clinton instead nominated Republican lawyer Richard C. Tallman, 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. 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 (judge), 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 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, a ...
, 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 who served as the 43rd president of the United States from 2001 to 2009. A member of the Republican Party, Bush family, and son of the 41st president George H. W. Bush, he ...
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 **Anabelle Rodriguez (judgeship later filled by Clinton nominee Jay A. Garcia-Gregory) *United States District Court for the Northern District of New York **Clarence J. Sundram (judgeship later filled by Clinton nominee David N. Hurd) *United States District Court for the Eastern District of Pennsylvania **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 **Patrick J. Toole (judgeship later filled by Clinton nominee A. Richard Caputo) *United States District Court for the Western District of Pennsylvania **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 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 federal court with appellate jurisdiction over the district courts for the following districts: * District of Delaware * District of New Jersey * Ea ...
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 **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 **Ricardo Morado (judgeship later filled by Bush nominee Andrew S. Hanen) *United States District Court for the Northern District of Ohio **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 **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 **Leland M. Shurin (judgeship later filled by Clinton nominee Gary A. Fenner) *United States District Court for the District of Nebraska **Steven E. Achelpohl (judgeship later filled by Bush nominee Laurie Smith Camp) *United States District Court for the Central District of California **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 (judge), Percy Anderson) *United States District Court for the Eastern District of California **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 (judge), Thomas J. Whelan) *United States District Court for the District of Hawaii **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 **Richard W. Anderson (judgeship later filled by Bush nominee Sam E. Haddon) *United States District Court for 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 **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 **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 **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 **Gail S. Tusan (judgeship later filled by Clinton nominee Beverly B. Martin) *United States District Court for the District of Columbia **James W. Klein (judgeship later filled by Bush nominee John D. Bates) **Rhonda C. Fields (judgeship later filled by Bush nominee Reggie Walton)


See also

* United States federal judge * Judicial appointment history for United States federal courts * Deaths of United States federal judges in active service


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 Clinton administration controversies, judicial appointments Federal judicial appointment controversies in the United States, Clinton, Bill