Jimmy Carter judicial appointment controversies
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During 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 ...
'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 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 Carter's presidency ended. None of the four nominees were renominated by Carter's successor, President
Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
. Three of the nominees who were not processed (
Eugene Nickerson Eugene Hoffman Nickerson (August 2, 1918 – January 1, 2002) was the Democratic county executive of Nassau County, New York, from 1962 until 1970. Nickerson was the only Democrat to be elected county executive in Nassau County until 2001. Late ...
, 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, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
. 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, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
—of
Stephen Breyer Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and 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 repl ...
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 who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
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 involve a point o ...
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 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 ...
, 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 comprises the states of Connecticut, New York and Vermont. The court has appellate juri ...
**New York seat -
Eugene Nickerson Eugene Hoffman Nickerson (August 2, 1918 – January 1, 2002) was the Democratic county executive of Nassau County, New York, from 1962 until 1970. Nickerson was the only Democrat to be elected county executive in Nassau County until 2001. Late ...
(judgeship later filled by Reagan nominee
Lawrence W. Pierce Lawrence Warren Pierce (December 31, 1924 – February 5, 2020) was a United States circuit judge of the United States Court of Appeals for the Second Circuit and a former United States district judge of the United States District Court for the S ...
) *
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 ...
**Texas seat - Andrew L. Jefferson, Jr. (judgeship later filled by Reagan nominee
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 ...
) *
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. federal court with appellate jurisdiction over the courts in the following districts: * Central District of Illinois * Northern District of Il ...
**Illinois seat - Nicholas Bua (judgeship later filled by Reagan nominee
Richard Posner Richard Allen Posner (; born January 11, 1939) is an American jurist and legal scholar who served as a federal appellate judge on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chica ...
) *
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 ...
**Missouri seat - Howard F. Sachs (judgeship later filled by Reagan nominee
John R. Gibson John Robert Gibson (December 20, 1925 – April 19, 2014) was a United States federal judge, United States circuit judge of the United States Court of Appeals for the Eighth Circuit and a United States district judge of the United States District ...
)


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, MU, or Missouri) is a public university, public Land-grant university, land-grant research university in Columbia, Missouri. It is Missouri's largest university and the flagship of the four-campus Universit ...
, 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 Dis ...
. However, Krauskopf received a "not qualified" rating from the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of acad ...
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 serving as a United States senator from Missouri, from 1968 to 1987. He was briefly the Democratic vice presidential nominee under George McGovern in 1972. He ...
, Carter himself, on the recommendation of his attorney general,
Griffin Bell Griffin Boyette Bell (October 31, 1918 – January 5, 2009) was the 72nd Attorney General of the United States, having served under President Jimmy Carter. Previously, he was a U.S. circuit judge of the United States Court of Appeals for the Fift ...
, 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 Arkansas ...
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, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
. Of Carter's 16 failed district court nominees, four,
I. Leo Glasser Israel Leo Glasser (born April 6, 1924), also known as I. Leo Glasser or Leo Glasser, is a senior United States district judge of the United States District Court for the Eastern District of New York. Education and career Born in New York City, ...
,
John E. Sprizzo John Emilio Sprizzo (December 23, 1934 – December 16, 2008) was a United States district judge of the United States District Court for the Southern District of New York. Biography Early life Sprizzo was born in Brooklyn, New York, where his f ...
,
James Parker Jones James Parker Jones (born July 3, 1940) is an American lawyer and jurist serving as a senior United States district judge of the United States District Court for the Western District of Virginia and a Judge of the United States Foreign Intelligence ...
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 Walter Meheula Heen (born April 17, 1928) is an American lawyer, politician and judge. He briefly served as a United States district judge of the United States District Court for the District of Hawaii and trustee of the Office of Hawaiian Affair ...
, 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 The U.S. District Court for the District of Maine (in case citations, D. Me.) is the U.S. district court for the state of Maine. The District of Maine was one of the original thirteen district courts established by the Judiciary Act of 178 ...
** David G. Roberts (nominated August 26, 1980; judgeship later filled by Reagan appointee
Conrad K. Cyr Conrad Keefe Cyr (December 9, 1931 – July 28, 2016) was an American jurist who served as a United States circuit judge of the United States Court of Appeals for the First Circuit from 1989 until his death. He was previously a United States Dist ...
) *
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.; es, Tribunal del Distrito de Puerto Rico) is the federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is b ...
** Miguel A. Gimenez-Munoz (nominated July 31, 1980; judgeship later filled by Reagan appointee
Jaime Pieras, Jr. Jaime Pieras Jr. (May 19, 1924 – June 11, 2011) was a United States district judge of the United States District Court for the District of Puerto Rico. Education and career Born in San Juan, Puerto Rico, Attended Colegio San José. Pieras o ...
) *
United States District Court for the Eastern District of New York The United States District Court for the Eastern District of New York (in case citations, E.D.N.Y.) is the federal district court whose territorial jurisdiction spans five counties in New York State: the four Long Island counties of Nassau, S ...
** Philip Weinberg (nominated September 17, 1980; judgeship later filled by Reagan appointee (and failed Carter nominee)
I. Leo Glasser Israel Leo Glasser (born April 6, 1924), also known as I. Leo Glasser or Leo Glasser, is a senior United States district judge of the United States District Court for the Eastern District of New York. Education and career Born in New York City, ...
) **
I. Leo Glasser Israel Leo Glasser (born April 6, 1924), also known as I. Leo Glasser or Leo Glasser, is a senior United States district judge of the United States District Court for the Eastern District of New York. Education and career Born in New York City, ...
(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) *
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a United States district court, federal trial court whose geographic jurisdiction encompasses eight counties of New York (state), New York ...
**
John E. Sprizzo John Emilio Sprizzo (December 23, 1934 – December 16, 2008) was a United States district judge of the United States District Court for the Southern District of New York. Biography Early life Sprizzo was born in Brooklyn, New York, where his f ...
(nominated June 2, 1980; judgeship later filled by Sprizzo himself, after President Reagan renominated him the following year) *
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 federal ...
** 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 The United States District Court for the Eastern District of North Carolina (in case citations, E.D.N.C.) is the United States district court that serves the eastern 44 counties in North Carolina. Appeals from the Eastern District of North Caroli ...
** Charles B. Winberry (nominated March 29, 1979, and withdrawn August 26, 1980; judgeship later filled by Reagan appointee
James Carroll Fox James Carroll Fox (November 6, 1928 – March 23, 2019) was a United States district judge of the United States District Court for the Eastern District of North Carolina. Education and career Fox was born in Atchison, Kansas and graduated from Wo ...
) **
S. Gerald Arnold S. Gerald Arnold (born November 14, 1940) is a North Carolina lawyer and jurist who served as a judge of the North Carolina Court of Appeals, including service as that court's Chief Judge (1992–1998). Arnold graduated from East Carolina Univers ...
(nominated August 26, 1980; judgeship later filled by Reagan appointee
James Carroll Fox James Carroll Fox (November 6, 1928 – March 23, 2019) was a United States district judge of the United States District Court for the Eastern District of North Carolina. Education and career Fox was born in Atchison, Kansas and graduated from Wo ...
) *
United States District Court for the Eastern District of Virginia The United States District Court for the Eastern District of Virginia (in case citations, E.D. Va.) is one of two United States district courts serving the Commonwealth of Virginia. It has jurisdiction over the Northern Virginia, Hampton Roa ...
** James Edward Sheffield (nominated April 9, 1980; judgeship later filled by Reagan appointee James C. Cacheris) *
United States District Court for the Western District of Virginia The United States District Court for the Western District of Virginia (in case citations, W.D. Va.) is a United States district court. Appeals from the Western District of Virginia are taken to the United States Court of Appeals for the Fourth ...
**
James Parker Jones James Parker Jones (born July 3, 1940) is an American lawyer and jurist serving as a senior United States district judge of the United States District Court for the Western District of Virginia and a Judge of the United States Foreign Intelligence ...
(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) *
United States District Court for the Western District of Texas The United States District Court for the Western District of Texas (in case citations, W.D. Tex.) is a federal district court. The court convenes in San Antonio with divisions in Austin, Del Rio, El Paso, Midland, Pecos, and Waco. It has juri ...
** Peter M. Lowry (nominated August 26, 1980; judgeship later filled by Reagan appointee
James Robertson Nowlin James Robertson Nowlin (born November 21, 1937) is a Senior United States district judge of the United States District Court for the Western District of Texas and a former state legislator. Education and career Born in San Antonio in Bexar Count ...
*
United States District Court for the Northern District of Ohio 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 fi ...
** 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 courts, United States Federal Court System in the U.S. state, state of Hawaii. The court's terri ...
**
Walter Meheula Heen Walter Meheula Heen (born April 17, 1928) is an American lawyer, politician and judge. He briefly served as a United States district judge of the United States District Court for the District of Hawaii and trustee of the Office of Hawaiian Affair ...
(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 Harold Michael Fong (April 28, 1938 – April 20, 1995) was an American lawyer and a United States district judge of the United States District Court for the District of Hawaii. Education and career Fong was born on April 28, 1938, in Honolulu, ...
) *
United States District Court for the Middle District of Alabama The United States District Court for the Middle District of Alabama (in case citations, M.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 appeal ...
** Fred Gray (nominated January 10, 1980; nomination withdrawn September 17, 1980; judgeship later filled by Carter appointee
Myron Herbert Thompson Myron Herbert Thompson (born January 7, 1947) is a Senior United States district judge of the United States District Court for the Middle District of Alabama. Education and career Born in Tuskegee, Alabama, Thompson received a Bachelor of Art ...
) *
United States District Court for the Middle District of Florida The United States District Court for the Middle District of Florida (in case citations, M.D. Fla.) 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 appea ...
** Ralph Wilson Nimmons, Jr. (nominated on September 17, 1980; judgeship later filled by Reagan appointee
John H. Moore II John Henry Moore II (August 5, 1927 – July 19, 2013) was an American lawyer and United States district judge of the United States District Court for the Middle District of Florida. Education and career Born in Atlantic City, New Jersey, he re ...
; 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 federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District of ...
**
Carin Clauss Carin Ann Clauss (born January 24, 1939) was the first female United States Solicitor of Labor. Early life Carin Ann Clauss was born on January 24, 1939, in Knoxville, Tennessee. She attended Vassar College, graduating in 1960 with a Bachelor ...
(nominated on September 19, 1978; judgeship later filled by Carter appointee
Joyce Hens Green Joyce Hens Green (born November 13, 1928) is a Senior United States district judge of the United States District Court for the District of Columbia. Green was nominated by President Jimmy Carter on March 6, 1979, to a seat vacated by Howard F. C ...
)


See also

*
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

{{U.S. Presidents and the Judiciary Carter, Jimmy judicial appointment controversies Judicial appointments