During President
Gerald Ford
Gerald Rudolph Ford Jr. ( ; born Leslie Lynch King Jr.; July 14, 1913December 26, 2006) was an American politician who served as the 38th president of the United States from 1974 to 1977. He was the only president never to have been elected ...
's presidency, he nominated two people for two different
federal appellate judgeships who were not processed by the
Democratic-controlled
Senate Judiciary Committee
The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, a ...
before Ford's presidency ended. Neither of the two nominees was renominated by Ford's successor, President
Jimmy Carter
James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...
. Both nominees were nominated after July 1, 1976, the traditional start date of the unofficial
Thurmond Rule during a presidential election year. Both seats eventually were filled by appointees of President Jimmy Carter.
The two nominees were blocked in committee; no committee hearings ever were held for either one.
List of failed nominees
*
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 ...
** Tennessee seat –
Harry W. Wellford
Harry Walker Wellford (August 6, 1924 – April 17, 2021) was a Senior status, senior United States federal judge, United States circuit judge of the United States Court of Appeals for the Sixth Circuit and a United States district judge of the U ...
(judgeship later filled by Carter nominee
Gilbert S. Merritt Jr.
Gilbert Stroud Merritt Jr. (January 17, 1936 – January 17, 2022) was an American lawyer and jurist. He served as a United States circuit judge of the United States Court of Appeals for the Sixth Circuit from 1977 to 2022.
Early life
Merritt ...
) (In 1982, Wellford was nominated
by President Ronald Reagan to a different seat on the Sixth Circuit; he was quickly confirmed by 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 ...
)
*
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 ...
** Arizona seat –
Richard Bilby (judgeship later filled by Carter nominee
Thomas Tang
Thomas Tang (鄧心平, January 11, 1922 – July 18, 1995) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit and the first American of Chinese descent appointed to the federal judiciary.
Education and ...
) (In 1979, Bilby was appointed
by President Jimmy Carter to a seat on the
United States District Court for the District of Arizona
The United States District Court for the District of Arizona (in case citations, D. Ariz.) is the U.S. district court that covers the state of Arizona. It is under the United States Court of Appeals for the Ninth Circuit.
The District was esta ...
and confirmed three months later.)
According to an October 12, 1976 memo to President Ford from his personnel director, Douglas Bennett, eight U.S. district court nominees also were nominated during 1976 but never acted upon by the U.S. Senate:
[https://www.fordlibrarymuseum.gov/library/document/0005/1561529.pdf ]
*
Ed Bethune (nominated June 15, 1976; judgeship later filled by Carter nominee
Elsijane Trimble Roy)
*
Donald G. Brotzman
Donald Glenn Brotzman (June 28, 1922 – September 15, 2004) was a United States House of Representatives, U.S. Representative from Colorado.
History
Brotzman was born on a farm in near Sterling, Colorado in Logan County, Colorado, Logan County ...
(nominated July 22, 1976; judgeship later filled by Carter nominee
John L. Kane Jr.)
*
Elizabeth A. Kovachevich
Elizabeth Anne Kovachevich (born December 14, 1936) is a Senior status, senior United States federal judge, United States district judge of the United States District Court for the Middle District of Florida.
Education and career
Born in Canto ...
(nominated June 8, 1976; judgeship later filled by Carter nominee
Howell W. Melton; later nominated by President Reagan to a seat on the
and confirmed by the U.S. Senate)
*
John H. Moore II (nominated August 4, 1976; judgeship later filled by Carter nominee
William Hoeveler; later nominated by President Reagan to a seat on the
and confirmed by the U.S. Senate)
* Richard Revell (nominated April 26, 1976; judgeship later filled by Carter nominee
Edward Huggins Johnstone)
*
Donald Ellsworth Walter (nominated August 5, 1976; judgeship later filled by Carter nominee
Earl Ernest Veron
Earl Ernest Veron (January 2, 1922 – August 28, 1990) was a United States district judge of the United States District Court for the Western District of Louisiana.
Education and career
Born in Smoke Bend, Louisiana, Veron received a Bachelo ...
; later nominated by President Reagan to a seat on the
and confirmed by the U.S. Senate)
*
Herbert F. DeSimone
Herbert F. DeSimone (September 5, 1929 – November 27, 2013) was an American lawyer and politician from Rhode Island. He served as the 64th Attorney General of Rhode Island and as President Nixon's Assistant Secretary of Transportation fo ...
(nominated August 5, 1976; judgeship later filled by Carter nominee
Francis J. Boyle)
*
James A. Andersen (nominated August 6, 1976; judgeship later filled by Carter nominee
Jack Edward Tanner)
See also
*
Gerald Ford Supreme Court candidates
*
United States federal judge
In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. Cou ...
*
Judicial appointment history for United States federal courts
The appointment of federal judges for United States federal courts is done via nomination by the President of the United States and confirmation by the United States Senate. The tables below provide the composition of all Article III courts which i ...
*
Deaths of United States federal judges in active service
Deaths of United States federal judges in active service have profound political and procedural effects. Due to their implications for the political composition of the courts on which they serve, they can result in unexpected political conflicts r ...
References
Ford, Gerald
judicial appointments
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