Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022

Changes from May 18, 2021 to April 3, 2023

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Judicial Nomination Statistics and Analysis:
~~May 18, 2021~~April 3, 2023
U.S. Circuit and District Courts, 1977-~~2020~~2022
Barry J. McMillion
In recent decades, the process for appointing judges to the U.S. circuit courts of appeals and the In recent decades, the process for appointing judges to the U.S. circuit courts of appeals and the
Analyst in American Analyst in American
U.S. district courts has been of continuing Senate interest. The President and the Senate share U.S. district courts has been of continuing Senate interest. The President and the Senate share
National Government National Government
responsibility for making these appointments. Pursuant to the Constitution’s Appointments responsibility for making these appointments. Pursuant to the Constitution’s Appointments

Clause, the President nominates persons to fill federal judgeships, with the appointment of each Clause, the President nominates persons to fill federal judgeships, with the appointment of each
nominee also requiring Senate confirmation. Although not mentioned in the Constitution, an nominee also requiring Senate confirmation. Although not mentioned in the Constitution, an

important role is also played midway in the appointment process by the Senate Judiciary important role is also played midway in the appointment process by the Senate Judiciary
Committee. Committee.
The statistics presented in this report reflect congressional interest in issues related to the confirmation process for lower The statistics presented in this report reflect congressional interest in issues related to the confirmation process for lower
federal court nominees. Statistics are provided for each stage of the nomination and confirmation process—from the federal court nominees. Statistics are provided for each stage of the nomination and confirmation process—from the
frequency of judicial vacancies that require a presidential nomination for a judgeship to be filled to the frequency of roll call frequency of judicial vacancies that require a presidential nomination for a judgeship to be filled to the frequency of roll call
votes (rather than the use of unanimous consent or voice votes) to confirm judicial nominees. Statistics are also provided votes (rather than the use of unanimous consent or voice votes) to confirm judicial nominees. Statistics are also provided
related to the length of the confirmation process itself. Additional statistics provided relate to the demographic characteristics related to the length of the confirmation process itself. Additional statistics provided relate to the demographic characteristics
of circuit and district court nominees confirmed by the Senate. of circuit and district court nominees confirmed by the Senate.
The period covered by the report, 1977 through The period covered by the report, 1977 through ~~2020~~2022, includes every Administration from the Carter presidency to the , includes every Administration from the Carter presidency to the ~~Trump~~
~~presidency~~first two calendar years of the Biden presidency (2021-2022). This period also includes every Congress from the 95th (1977-1978) through the . This period also includes every Congress from the 95th (1977-1978) through the ~~116th (2019-2020).~~
117th (2021-2022). This report will be next updated by CRS at the conclusion of the This report will be next updated by CRS at the conclusion of the ~~117th~~118th Congress. Congress.
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-~~2020~~2022

Introduction
Under the Appointments Clause of the Constitution,1 the President and the Senate share Under the Appointments Clause of the Constitution,1 the President and the Senate share
responsibility for making appointments to the Supreme Court, as well as to various lower courts responsibility for making appointments to the Supreme Court, as well as to various lower courts
of the federal judiciary. While the President nominates persons to fill federal judgeships, the of the federal judiciary. While the President nominates persons to fill federal judgeships, the
appointment of each nominee also requires Senate confirmation.2 appointment of each nominee also requires Senate confirmation.2
Historically, the vast majority of appointments to federal judgeships (other than to the Supreme Historically, the vast majority of appointments to federal judgeships (other than to the Supreme
Court) have typically not involved much public disagreement between the President and the Court) have typically not involved much public disagreement between the President and the
Senate or between the parties within the Senate.3 Debate in the Senate over particular lower court Senate or between the parties within the Senate.3 Debate in the Senate over particular lower court
nominees, or over the lower court appointment process itself, was uncommon. Typically, such nominees, or over the lower court appointment process itself, was uncommon. Typically, such
nominations were both reported out of the Judiciary Committee and confirmed by the Senate nominations were both reported out of the Judiciary Committee and confirmed by the Senate
without any recorded opposition. without any recorded opposition.
In recent decades, however, appointments to two kinds of lower federal courts—the U.S. circuit In recent decades, however, appointments to two kinds of lower federal courts—the U.S. circuit
courts of appeals4 and the U.S. district courts—have often been the focus of heightened Senate courts of appeals4 and the U.S. district courts—have often been the focus of heightened Senate
interest and debate, as has the process itself for appointing judges to these courts.5 interest and debate, as has the process itself for appointing judges to these courts.5
Given congressional interest in the subject, this report provides statistics and analysis related to Given congressional interest in the subject, this report provides statistics and analysis related to
the nomination and confirmation of U.S. circuit and district court judges from 1977 (the the nomination and confirmation of U.S. circuit and district court judges from 1977 (the
beginning of the Carter presidency) through beginning of the Carter presidency) through ~~2020~~2022 (the (the ~~end of the Trump~~first two years of the Biden presidency).6 presidency).6
The report’s The report’s ~~exclusive~~ focus are the U.S. circuit courts of appeals and U.S. district courts. focus are the U.S. circuit courts of appeals and U.S. district courts.
Excluded from the scope of the report are the U.S. Supreme Court; the U.S. Court of International Excluded from the scope of the report are the U.S. Supreme Court; the U.S. Court of International
Trade; the U.S. Court of Federal Claims; and territorial district courts (e.g., the District Court of Trade; the U.S. Court of Federal Claims; and territorial district courts (e.g., the District Court of
Guam). Guam).

1 Article II, Section 2, clause 2 of the Constitution—often referred to as the Appointments Clause—provides that the 1 Article II, Section 2, clause 2 of the Constitution—often referred to as the Appointments Clause—provides that the
President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the
supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for,
and which shall be established by Law.... ” and which shall be established by Law.... ”
2 The Constitution also, in its Recess Appointments Clause (Article II, Section 2, clause 3), authorizes the President to 2 The Constitution also, in its Recess Appointments Clause (Article II, Section 2, clause 3), authorizes the President to
make temporary appointments unilaterally during periods when the Senate is in recess. This was rarely done, however, make temporary appointments unilaterally during periods when the Senate is in recess. This was rarely done, however,
during the presidencies discussed in this report. For example, over the past 25 years, “there have been only three recess during the presidencies discussed in this report. For example, over the past 25 years, “there have been only three recess
appointments to fill Article III judgeships”—one such appointment to a circuit court judgeship by President William J. appointments to fill Article III judgeships”—one such appointment to a circuit court judgeship by President William J.
Clinton in 2000 and two to circuit court judgeships by President George W. Bush in 2004. CRS Report RS21308, Clinton in 2000 and two to circuit court judgeships by President George W. Bush in 2004. CRS Report RS21308,
Recess Appointments: Frequently Asked Questions, by Henry B. Hogue. , by Henry B. Hogue.
3 In this vein, one scholar has noted that, relative to Supreme Court appointments, appointments to the lower federal 3 In this vein, one scholar has noted that, relative to Supreme Court appointments, appointments to the lower federal
courts “have not, for most of our history, engaged remotely similar public interest. Nor as a historical matter has the courts “have not, for most of our history, engaged remotely similar public interest. Nor as a historical matter has the
Senate played the same role in considering nominations to those courts.” Stephen B. Burbank, “Politics, Privilege & Senate played the same role in considering nominations to those courts.” Stephen B. Burbank, “Politics, Privilege &
Power; The Senate’s Role in the Appointment of Federal Judges,” Power; The Senate’s Role in the Appointment of Federal Judges,” Judicature, vol. 86 (July/August 2002), p. 25. , vol. 86 (July/August 2002), p. 25.
4 The U.S. courts of appeals are routinely referred to as “circuit courts” throughout the text of this report. 4 The U.S. courts of appeals are routinely referred to as “circuit courts” throughout the text of this report.
5 For discussion by scholars of the Senate’s increased interest in the judicial appointment process in recent decades, see 5 For discussion by scholars of the Senate’s increased interest in the judicial appointment process in recent decades, see
Nancy Scherer, Nancy Scherer, Scoring Points; Politicians, Activists, and the Lower Federal Court Appointment Process (Stanford, (Stanford,
CA: Stanford University Press, 2005), p. 271 (hereinafter cited as Scherer, CA: Stanford University Press, 2005), p. 271 (hereinafter cited as Scherer, Scoring Points). See also Sarah A. Binder ). See also Sarah A. Binder
and Forrest Maltzman, and Forrest Maltzman, Advice & Dissent: The Struggle to Shape the Federal Judiciary (Washington: Brookings (Washington: Brookings
Institution Press, 2009), p. 198. For two Institution Press, 2009), p. 198. For two ~~relatively recent~~ forums in which numerous Senators forums in which numerous Senators expressed, in detailed statementsin detailed statements
~~expressed~~, their views concerning the lower court appointment process, see U.S. Congress, Senate Committee on the their views concerning the lower court appointment process, see U.S. Congress, Senate Committee on the
Judiciary, Subcommittee on Administrative Oversight and the Courts, Judiciary, Subcommittee on Administrative Oversight and the Courts, The Judicial Nomination and Confirmation
Process, Hearings, 107th Cong., 1st sess., June 26 and September 4, 2001, S.Hrg. 107-463 (Washington: GPO, 2002), , Hearings, 107th Cong., 1st sess., June 26 and September 4, 2001, S.Hrg. 107-463 (Washington: GPO, 2002),
~~276 pp.~~p. 276; and U.S. Congress, Senate Committee on the Judiciary, Subcommittee on Constitution, Civil Rights and ; and U.S. Congress, Senate Committee on the Judiciary, Subcommittee on Constitution, Civil Rights and
Property Rights, Property Rights, Judicial Nominations, Filibusters, and the Constitution: When a Majority Is Denied Its Right to
Consent, Hearing, 108th Cong., 1st sess., May 6, 2003, S.Hrg. 108-227 (Washington: GPO, 2003), p. 393. , Hearing, 108th Cong., 1st sess., May 6, 2003, S.Hrg. 108-227 (Washington: GPO, 2003), p. 393.
6 This period includes the 95th Congress through the 6 This period includes the 95th Congress through the ~~116th~~117th Congress. Congress.
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-~~2020~~2022

Overview of the U.S. Courts of Appeals and U.S.
District Courts
U.S. Circuit Courts
The U.S. courts of appeals, or circuit courts, take appeals from federal district court decisions and The U.S. courts of appeals, or circuit courts, take appeals from federal district court decisions and
are also empowered to review the decisions of many administrative agencies. Cases presented to are also empowered to review the decisions of many administrative agencies. Cases presented to
the courts of appeals are generally considered by judges sitting in three-member panels. Courts the courts of appeals are generally considered by judges sitting in three-member panels. Courts
within the courts of appeals system are often called “circuit courts” (e.g., the First Circuit Court within the courts of appeals system are often called “circuit courts” (e.g., the First Circuit Court
of Appeals is also referred to as the “First Circuit”), because the nation is divided into 12 of Appeals is also referred to as the “First Circuit”), because the nation is divided into 12
geographic circuits, each with a U.S. court of appeals. One additional nationwide circuit, the U.S. geographic circuits, each with a U.S. court of appeals. One additional nationwide circuit, the U.S.
Court of Appeals for the Federal Circuit, has specialized subject matter jurisdiction. Court of Appeals for the Federal Circuit, has specialized subject matter jurisdiction.
Altogether, 179 judgeships for these 13 courts of appeals are currently authorized by law (167 for Altogether, 179 judgeships for these 13 courts of appeals are currently authorized by law (167 for
the 12 regional U.S. courts of appeals and 12 for the U.S. Court of Appeals for the Federal the 12 regional U.S. courts of appeals and 12 for the U.S. Court of Appeals for the Federal
Circuit).7 The First Circuit (comprising Maine, Massachusetts, New Hampshire, Rhode Island, Circuit).7 The First Circuit (comprising Maine, Massachusetts, New Hampshire, Rhode Island,
and Puerto Rico) has the fewest number of authorized and Puerto Rico) has the fewest number of authorized ~~appellate court~~ judgeships, 6, while the judgeships, 6, while the
Ninth Circuit (comprising Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Ninth Circuit (comprising Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon,
and Washington) has the most, 29.8 and Washington) has the most, 29.8
U.S. District Courts
U.S. district courts are the federal trial courts of general jurisdiction. There are 91 Article III U.S. district courts are the federal trial courts of general jurisdiction. There are 91 Article III
district courts: 89 in the 50 states, plus 1 in the District of Columbia and 1 district courts: 89 in the 50 states, plus 1 in the District of Columbia and 1 ~~more~~ in Puerto Rico. in Puerto Rico.
Each state has at least one U.S. district court, while some states (specifically California, New Each state has at least one U.S. district court, while some states (specifically California, New
York, and Texas) have as many as four. York, and Texas) have as many as four.
Altogether, 673 Article III U.S. district court judgeships are currently authorized by law.9 Altogether, 673 Article III U.S. district court judgeships are currently authorized by law.9
Congress has authorized between 1 and 28 judgeships for each district court. The Eastern District Congress has authorized between 1 and 28 judgeships for each district court. The Eastern District
of Oklahoma (Muskogee) has 1 authorized judgeship, the smallest number among Article III of Oklahoma (Muskogee) has 1 authorized judgeship, the smallest number among Article III
district courts, while the Southern District of New York (Manhattan) and the Central District of district courts, while the Southern District of New York (Manhattan) and the Central District of
California (Los Angeles) each have 28 judgeships, the most among Article III district courts.10 California (Los Angeles) each have 28 judgeships, the most among Article III district courts.10

7 The Federal Circuit (which was created in its modern form in 1982 by the Federal Courts Improvement Act, 96 Stat. 7 The Federal Circuit (which was created in its modern form in 1982 by the Federal Courts Improvement Act, 96 Stat.
25), has nationwide jurisdiction and hears certain specialized legal claims related to international trade, government 25), has nationwide jurisdiction and hears certain specialized legal claims related to international trade, government
contracts, patents, trademarks, certain money claims against the U.S. government, federal personnel, veterans’ benefits, contracts, patents, trademarks, certain money claims against the U.S. government, federal personnel, veterans’ benefits,
and public safety officers’ benefits claims. and public safety officers’ benefits claims.
8 The relative number of different judgeships authorized among circuit courts generally reflects the population 8 The relative number of different judgeships authorized among circuit courts generally reflects the population
differences of the geographic areas over which each circuit court exercises jurisdiction. For example, based on 2020 differences of the geographic areas over which each circuit court exercises jurisdiction. For example, based on 2020
Census Bureau population estimates, the First Circuit has a population of approximately 13.8 million while the Ninth Census Bureau population estimates, the First Circuit has a population of approximately 13.8 million while the Ninth
Circuit has a population of 67.1 million. Circuit has a population of 67.1 million.
9 This total includes 10 temporary judgeships. See the U.S. Courts website at http://www.uscourts.gov/ 9 This total includes 10 temporary judgeships. See the U.S. Courts website at http://www.uscourts.gov/
JudgesAndJudgeships/AuthorizedJudgeships.aspx. JudgesAndJudgeships/AuthorizedJudgeships.aspx.
10 The relative number of different judgeships authorized among district courts generally reflects the population 10 The relative number of different judgeships authorized among district courts generally reflects the population
differences of the geographic areas over which each district court exercises jurisdiction. For example, based on 2020 differences of the geographic areas over which each district court exercises jurisdiction. For example, based on 2020
Census Bureau population estimates, the Eastern District of Oklahoma (Muskogee) has a population of approximately Census Bureau population estimates, the Eastern District of Oklahoma (Muskogee) has a population of approximately
752,000 while the Central District of California (Los Angeles) has a population of approximately 19.4 million. 752,000 while the Central District of California (Los Angeles) has a population of approximately 19.4 million.
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U.S. Circuit and District Court Vacancies
Opportunities for a President to make circuit and district court appointments arise when Opportunities for a President to make circuit and district court appointments arise when
judgeships are vacant or are scheduled to become vacant. judgeships are vacant or are scheduled to become vacant. ~~Various factors~~Factors that influence the number of influence the number of
such opportunities such opportunities ~~a President will have during his tenure in office, including~~include the frequency with the frequency with
which judicial departures occur; whether any new judgeships are statutorily which judicial departures occur; whether any new judgeships are statutorily ~~created~~authorized by Congress by Congress
(which consequently provide a President with the opportunity to nominate individuals to the new (which consequently provide a President with the opportunity to nominate individuals to the new
judgeships);11 the number of judicial nominations submitted by a President; and the speed by judgeships);11 the number of judicial nominations submitted by a President; and the speed by
which the Senate considers such nominations. which the Senate considers such nominations.
Table 1 reports the percentage of U.S. circuit and district court judgeships that were vacant on reports the percentage of U.S. circuit and district court judgeships that were vacant on
January 1 immediately prior to the beginning of each new Congress and four-year presidential January 1 immediately prior to the beginning of each new Congress and four-year presidential
term from 1977 through term from 1977 through ~~2019~~2021.12 .12
Table 1. Percentage of U.S. Circuit and District Court Judgeships Vacant on January 1
Prior to Beginning of Each Congress and Four-Year Presidential Term
(1977 to (1977 to ~~2019~~2021) )
Percentage of Judgeships Vacant on January 1
Year
Congress
President
U.S. Circuit Courts U.S. Circuit Courts
U.S. District Courts U.S. District Courts
1977 1977
95th 95th
Carter Carter
5.2 5.2
4.8 4.8
1979 1979
96th 96th
Carter Carter
28.8 28.8
24.7 24.7
1981 1981
97th 97th
Reagan Reagan
3.8 3.8
5.7 5.7
1983 1983
98th 98th
Reagan Reagan
3.5 3.5
4.5 4.5
1985 1985
99th 99th
Reagan Reagan
14.9 14.9
13.1 13.1
1987 1987
100th 100th
Reagan Reagan
7.7 7.7
7.2 7.2
1989 1989
101st 101st
Bush, G.H.W. Bush, G.H.W.
6.0 6.0
4.7 4.7
1991 1991
102nd 102nd
Bush, G.H.W. Bush, G.H.W.
10.1 10.1
16.4 16.4
1993 1993
103rd 103rd
Clinton Clinton
9.5 9.5
13.8 13.8
1995 1995
104th 104th
Clinton Clinton
8.9 8.9
8.1 8.1
1997 1997
105th 105th
Clinton Clinton
12.8 12.8
10.0 10.0
1999 1999
106th 106th
Clinton Clinton
9.5 9.5
6.3 6.3
2001 2001
107th 107th
Bush, G.W. Bush, G.W.
14.5 14.5
8.2 8.2
2003 2003
108th 108th
Bush, G.W. Bush, G.W.
14.0 14.0
5.0 5.0
2005 2005
109th 109th
Bush, G.W. Bush, G.W.
8.4 8.4
3.1 3.1

11 The large number of district court vacancies, for example, “inherited” by President Clinton contributed, in turn, to the 11 The large number of district court vacancies, for example, “inherited” by President Clinton contributed, in turn, to the
relatively large number of district court confirmations during his presidency (seerelatively large number of district court confirmations during his presidency (see Table 2). The large number of district The large number of district
court vacancies inherited by President Clinton was, in part, the result of 74 new district court judgeships created by the court vacancies inherited by President Clinton was, in part, the result of 74 new district court judgeships created by the
Federal Judgeship Act of 1990 (P.L. 101-650). Other legislation substantially increasing the number of authorized Federal Judgeship Act of 1990 (P.L. 101-650). Other legislation substantially increasing the number of authorized
circuit and district court judgeships was enacted in 1978 (Omnibus Judgeship Act, P.L. 95-486) and in 1984 circuit and district court judgeships was enacted in 1978 (Omnibus Judgeship Act, P.L. 95-486) and in 1984
(Bankruptcy Amendments and Federal Judgeship Act, P.L. 98-353). (Bankruptcy Amendments and Federal Judgeship Act, P.L. 98-353).
12 The percentage of U.S. circuit and district court judgeships that were vacant is calculated by dividing the number of 12 The percentage of U.S. circuit and district court judgeships that were vacant is calculated by dividing the number of
circuit or district court vacancies that existed on a particular date by the number of authorized circuit or district court circuit or district court vacancies that existed on a particular date by the number of authorized circuit or district court
judgeships that were authorized on that same date. Note that, over the course of the judgeships that were authorized on that same date. Note that, over the course of the ~~seven~~eight presidencies included in this presidencies included in this
analysis, the number of authorized circuit court judgeships ranged from 97 to 179. The number of authorized district analysis, the number of authorized circuit court judgeships ranged from 97 to 179. The number of authorized district
court judgeships varied from 394 to 673. court judgeships varied from 394 to 673.
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Percentage of Judgeships Vacant on January 1
Year
Congress
President
U.S. Circuit Courts U.S. Circuit Courts
U.S. District Courts U.S. District Courts
2007 2007
110th 110th
Bush, G.W. Bush, G.W.
8.9 8.9
5.9 5.9
2009 2009
111th 111th
Obama Obama
7.3 7.3
5.9 5.9
2011 2011
112th 112th
Obama Obama
8.9 8.9
11.7 11.7
2013 2013
113th 113th
Obama Obama
8.9 8.9
8.8 8.8
2015 2015
114th 114th
Obama Obama
3.9 3.9
4.9 4.9
2017 2017
115th 115th
Trump Trump
9.5 9.5
12.8 12.8
2019 2019
116th 116th
Trump Trump
6.7 6.7
17.6 17.6
2021 117th Biden 1.1 6.4 Source: Congressional Research Service. Congressional Research Service.
Note: This table shows the percentage of U.S. circuit and district court judgeships that were vacant on January 1 This table shows the percentage of U.S. circuit and district court judgeships that were vacant on January 1
immediately prior to a new Congress convening that same month and prior to a President being inaugurated on immediately prior to a new Congress convening that same month and prior to a President being inaugurated on
January 20. January 20.
Overall, during this period, the median percentage of circuit court judgeships that were vacant Overall, during this period, the median percentage of circuit court judgeships that were vacant
immediately prior to the start of a new Congress was 8.9%.13 The median percentage of district immediately prior to the start of a new Congress was 8.9%.13 The median percentage of district
court judgeships that were vacant immediately prior to the start of a new Congress was 7.court judgeships that were vacant immediately prior to the start of a new Congress was 7.652%. %.
As shown by the table, the percentage of U.S. circuit judgeships that were vacant was highest at As shown by the table, the percentage of U.S. circuit judgeships that were vacant was highest at
the beginning of the 96th Congress,14 28.8%, and lowest at the beginning of the the beginning of the 96th Congress,14 28.8%, and lowest at the beginning of the ~~98th~~117th Congress, Congress,
~~3.5~~1.1%. The percentage of U.S. district court judgeships that were vacant was also highest at the %. The percentage of U.S. district court judgeships that were vacant was also highest at the
beginning of the 96th Congress, 24.7%, and lowest at the beginning of the 109th Congress, 3.1%. beginning of the 96th Congress, 24.7%, and lowest at the beginning of the 109th Congress, 3.1%.
The percentage of judgeships that are vacant at the beginning of a presidency is influenced, in The percentage of judgeships that are vacant at the beginning of a presidency is influenced, in
part, by the extent to which the preceding President’s nominees were approved by the Senate part, by the extent to which the preceding President’s nominees were approved by the Senate
during the final year or two of his term. For example, at the beginning of the Trump presidency during the final year or two of his term. For example, at the beginning of the Trump presidency
(and the 115th Congress), the percentage of U.S. district court judgeships that were vacant was (and the 115th Congress), the percentage of U.S. district court judgeships that were vacant was
12.8%. This was due, in part, to the comparatively small number of district court nominations 12.8%. This was due, in part, to the comparatively small number of district court nominations
confirmed by the Senate during the final two years of the Obama presidency.15confirmed by the Senate during the final two years of the Obama presidency.15

13 The median is the middle value for a particular set or group of numbers. So, for example, the median percentage of 13 The median is the middle value for a particular set or group of numbers. So, for example, the median percentage of
circuit court judgeships that were vacant on January 1 prior to Congresses from 1977 through 2018 is referring to the circuit court judgeships that were vacant on January 1 prior to Congresses from 1977 through 2018 is referring to the
middle value when considering the entire group of percentages of vacant circuit court judgeships on January 1 during middle value when considering the entire group of percentages of vacant circuit court judgeships on January 1 during
this period. Although the average (also referred to as the mean) is another common measure of central tendency, this this period. Although the average (also referred to as the mean) is another common measure of central tendency, this
report refers most often to the median. The median is less affected by outliers or extreme cases. Consequently, for the report refers most often to the median. The median is less affected by outliers or extreme cases. Consequently, for the
purposes of this report, the median may be a better measure of central tendency. purposes of this report, the median may be a better measure of central tendency.
14 In 1978 Congress passed legislation that increased the number of U.S. circuit court judgeships from 97 to 132 and the 14 In 1978 Congress passed legislation that increased the number of U.S. circuit court judgeships from 97 to 132 and the
number of district court judgeships from 394 to 511 (P.L. 95-486, October 20, 1978). This increased the number of number of district court judgeships from 394 to 511 (P.L. 95-486, October 20, 1978). This increased the number of
vacancies at the beginning of the 96th Congress, as shown byvacancies at the beginning of the 96th Congress, as shown by Table 1.
15 Specifically, 18 district court nominations were approved during the 114th Congress (while 43 district court 15 Specifically, 18 district court nominations were approved during the 114th Congress (while 43 district court
nominations were returned to President Obama at the end of the Congress, including 20 nominations that had been nominations were returned to President Obama at the end of the Congress, including 20 nominations that had been
pending on the Senate pending on the Senate Executive Calendar). See CRS Insight IN10570, ). See CRS Insight IN10570, U.S. District Court Vacancies at the Beginning
and End of the Obama Presidency: Overview and Comparative Analysis, by Barry J. McMillion (available to , by Barry J. McMillion (available to
congressional staff upon request). Similarly, at the beginning of the Clinton presidency, the percentage of district court congressional staff upon request). Similarly, at the beginning of the Clinton presidency, the percentage of district court
judgeships that were vacant was 13.8%. This was due, in part, to the relatively large number of district court nominees judgeships that were vacant was 13.8%. This was due, in part, to the relatively large number of district court nominees
whose nominations were returned at the end of the G.H.W. Bush presidency. During the 102nd Congress (i.e., the final whose nominations were returned at the end of the G.H.W. Bush presidency. During the 102nd Congress (i.e., the final
two years of the G.H.W. Bush presidency), the Senate approved 100 district court nominations and returned 42 at the two years of the G.H.W. Bush presidency), the Senate approved 100 district court nominations and returned 42 at the
end of the Congress. end of the Congress.
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~~Number and Percentage of Nominees Confirmed~~
~~Various factors~~ 2022 In contrast, as a result of the change in the blue slip policy for circuit court nominations adopted by the Senate Judiciary Committee in 2017, circuit court vacancies that might have otherwise existed at the beginning of the Biden presidency (and the 117th Congress) were filled with new appointees during the 115th and 116th Congresses. As a result of the change, the return of positive blue slips from both of a nominee’s home state Senators was no longer required in order for the committee to act on his or her nomination—including reporting the nomination to the full Senate for consideration.16 Ultimately, during the 115th and 116th Congresses, there were 17 circuit court nominees confirmed by the Senate who did not have the support of one or both of his or her home state Senators.17 Number and Percentage of Nominees Confirmed Some of the factors that influence the number and percentage of judicial nominees confirmed during any influence the number and percentage of judicial nominees confirmed during any
given presidency given presidency ~~or Congress. These factors include, but are not limited to,~~include the frequency with the frequency with
which judges depart the bench; the speed with which a presidential Administration vets and which judges depart the bench; the speed with which a presidential Administration vets and
selects nominees for vacant judgeships; whether a President is of the same political party as the selects nominees for vacant judgeships; whether a President is of the same political party as the
majority party in the Senate; whether a congressional session coincides with a presidential majority party in the Senate; whether a congressional session coincides with a presidential
election year; and the point in a congressional session when nominations arrive in the Senate.election year; and the point in a congressional session when nominations arrive in the Senate.18
By Presidency
U.S. Circuit Court Nominees
As shown by As shown by Table 2, the number of U.S. circuit court nominees confirmed during a completed the number of U.S. circuit court nominees confirmed during a completed
presidency ranged from a high of 83 during the Reagan presidency to a low of 42 during the presidency ranged from a high of 83 during the Reagan presidency to a low of 42 during the
single four-year term of George H. W. Bush. Of two-term Presidents, the high ranged from a high single four-year term of George H. W. Bush. Of two-term Presidents, the high ranged from a high
of 83 (Reagan) to a low of 55 during the Obama presidency. of 83 (Reagan) to a low of 55 during the Obama presidency.
During the first two years of the Biden presidency (2021-2022), 28 circuit court nominees were confirmed. In terms of the percentage of circuit court nominees confirmed during a completed presidency, In terms of the percentage of circuit court nominees confirmed during a completed presidency,
which takes into account the number of circuit court nominations submitted to the Senate, the which takes into account the number of circuit court nominations submitted to the Senate, the
greatest percentage of nominees were confirmed during the single four-year term of the Trump greatest percentage of nominees were confirmed during the single four-year term of the Trump
presidency (94.7%), and the smallest percentage were confirmed during the George W. Bush presidency (94.7%), and the smallest percentage were confirmed during the George W. Bush
~~presidency (71.8%). Of two-term Presidents, the high ranged from 88.3% during the Reagan~~
~~presidency to a low of 71.8% (George W. Bush).~~
~~Table 2. U.S. Circuit and District Court Nominees of Seven Most Recent Presidents:~~
~~Number Nominated, Number Confirmed, Percentage Confirmed~~
~~(1977 to 2020~~ 16 See Jordain Carney, “Grassley says he’s nixing blue slips for pair of nominees,” The Hill, Nov. 16, 2017, at https://thehill.com/homenews/senate/360791-grassley-says-hes-nixing-blue-slips-for-pair-of-nominees. 17 The blue slip status for the circuit court nominees confirmed without the support of both home state Senators during the 115th and 116th Congresses was gathered by CRS using publicly available information. See, e.g., Patrick L. Gregory, “Trump 7th Cir. Nominee Michael Brennan Advances Without Blue Slip,” Bloomberg Law, February 15, 2018, at https://news.bloomberglaw.com/us-law-week/trump-7th-cir-nominee-michael-brennan-advances-without-blue-slip; David Wildstein, “Senate panel moves Matey nomination,” New Jersey Globe, February 7, 2019, at https://newjerseyglobe.com/congress/senate-panel-moves-matey-nomination; Matt Bernardini, “2nd Circ. Pick Confirmed Despite No Home-State Support,” Law360, May 8, 2019, at https://www.law360.com/articles/1157699/2nd-circ-pick-confirmed-despite-no-home-state-support. 18 See, for example, Roger E. Hartley and Lisa M. Holmes, “The Increasing Senate Scrutiny of Lower Federal Court Nominees,” Political Science Quarterly, vol. 117, no. 2 (summer, 2002); Tajuana D. Massie, Thomas G. Hansford, Donald R. Songer, “The Timing of Presidential Nominations to the Lower Federal Courts,” Political Research Quarterly, vol. 57, no. 1 (March 2004); and Elisha Carol Savchak, Thomas G. Hansford, Donald R. Songer, Kenneth L. Manning, Robert A. Carp, “Taking It to the Next Level: The Elevation of District Court Judges to the U.S. Courts of Appeals,” American Journal of Political Science, vol. 50, no. 2 (April 2006). Congressional Research Service 5 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 presidency (71.8%). Of two-term Presidents, the high ranged from 88.3% during the Reagan presidency to a low of 71.8% (George W. Bush). During the first two years of the Biden presidency (2021-2022), 75.7% of circuit court nominees were confirmed. As of March 15, 2023, 8 of the 9 circuit court nominees not confirmed during the 117th Congress have been renominated during the 118th Congress. Table 2. U.S. Circuit and District Court Nominees of Eight Most Recent Presidents: Number Nominated, Number Confirmed, Percentage Confirmed (1977 to 2022) )
President
U.S. Circuit
U.S. District
U.S. Circuit and District
(Congresses, Years)

Court Nominees
Court Nominees
Court Nominees (Combined)
Carter (95th-96th, 1977- Carter (95th-96th, 1977-
N N
60 60
218 218
278 278
1980) 1980)
C C
56 56
202 202
258 258
% %
93.3% 93.3%
92.7% 92.7%
92.8% 92.8%
Reagan (97th-100th, 1981- Reagan (97th-100th, 1981-
N N
94 94
306 306
400 400
1988) 1988)
C C
83 83
290 290
373 373
% %
88.3% 88.3%
94.8% 94.8%
93.2% 93.2%
Bush, G.H.W. (101st- Bush, G.H.W. (101st-
N N
53 53
192 192
245 245
102nd, 1989-1992) 102nd, 1989-1992)
C C
42 42
148 148
190 190
% %
79.2% 79.2%
77.1% 77.1%
77.6% 77.6%
Clinton (103rd-106th, Clinton (103rd-106th,
N N
90 90
350 350
440 440
1993-2000) 1993-2000)
C C
65 65
305 305
370 370
% %
72.2% 72.2%
87.1% 87.1%
84.1% 84.1%
Bush, G.W. (107th-110th, Bush, G.W. (107th-110th,
N N
85 85
286 286
371 371
2001-2008) 2001-2008)
C C
61 61
261 261
322 322
~~Congressional Research Service~~
5

~~link to page 12~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~President~~
~~U.S. Circuit~~
~~U.S. District~~
~~U.S. Circuit and District~~
~~(Congresses, Years)~~

~~Court Nominees~~
~~Court Nominees~~
~~Court Nominees (Combined)~~
% %
71.8% 71.8%
91.3% 91.3%
86.8% 86.8%
Obama (111th-114th, Obama (111th-114th,
N N
68 68
322 322
390 390
2009-2016) 2009-2016)
C C
55 55
268 268
323 323
% %
80.9% 80.9%
83.2% 83.2%
82.8% 82.8%
Trump (115th-116th, Trump (115th-116th,
N N
57 57
208 208
265 265
2017-2020) 2017-2020)
C C
54 54
174 174
228 228
% %
94.7% 94.7%
83.7% 83.7%
86.0% 86.0%
Biden (117th, 2021-2022) N 37 104 141 C 28 68 96 % 75.7% 65.4% 68.1% Source: Congressional Research Service. Congressional Research Service.
Notes: This table shows, for each of the past This table shows, for each of the past ~~seven~~eight Presidents, the number of individuals nominated to U.S. Presidents, the number of individuals nominated to U.S.
circuit and district court judgeships during his presidency (N); the number confirmed during his presidency (C); circuit and district court judgeships during his presidency (N); the number confirmed during his presidency (C);
and the percentage confirmed (%). Any individual nominated more than once prior to final action is counted only and the percentage confirmed (%). Any individual nominated more than once prior to final action is counted only
once for the purpose of calculating the overall number and percentage of nominees confirmed during a particular once for the purpose of calculating the overall number and percentage of nominees confirmed during a particular
presidency. presidency.
Congressional Research Service 6 link to page 13 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 U.S. District Court Nominees
The number of U.S. district court nominees confirmed during a completed presidency ranged The number of U.S. district court nominees confirmed during a completed presidency ranged
from a high of 305 during the Clinton presidency to a low of 148 during the single four-year term from a high of 305 during the Clinton presidency to a low of 148 during the single four-year term
of George H. W. Bush. Of two-term Presidents, the high ranged from a high of 305 (Clinton) to a of George H. W. Bush. Of two-term Presidents, the high ranged from a high of 305 (Clinton) to a
low of 261 during the George W. Bush presidency. low of 261 during the George W. Bush presidency.
During the first two years of the Biden presidency (2021-2022), 68 district court nominees were confirmed. In terms of the percentage of district court nominees confirmed during a completed presidency, In terms of the percentage of district court nominees confirmed during a completed presidency,
which takes into account the number of district court nominations submitted to the Senate, the which takes into account the number of district court nominations submitted to the Senate, the
greatest percentage of nominees were confirmed during the Reagan presidency (94.8%), and the greatest percentage of nominees were confirmed during the Reagan presidency (94.8%), and the
smallest percentage were confirmed during the George H. W. Bush presidency (77.1%). Of two-smallest percentage were confirmed during the George H. W. Bush presidency (77.1%). Of two-
term Presidents, the high ranged from 94.8% (Reagan) to a low of 83.2% during the Obama term Presidents, the high ranged from 94.8% (Reagan) to a low of 83.2% during the Obama
presidency. presidency.
During the first two years of the Biden presidency (2021-2022), 65.4% of district court nominees were confirmed. As of February 1, 2023, 34 of the 36 district court nominees not confirmed during the 117th Congress have been renominated during the 118th Congress. By Congress
U.S. Circuit Court Nominees
The median number of U.S. circuit court nominees confirmed during a Congress, from the 95th The median number of U.S. circuit court nominees confirmed during a Congress, from the 95th
through the through the ~~116th~~117th, was approximately 18 (while the median number of circuit court nominations , was approximately 18 (while the median number of circuit court nominations
submitted to the Senate was 26). And as shown bysubmitted to the Senate was 26). And as shown by Table 3, the number of U.S. circuit court he number of U.S. circuit court
nominees confirmed during this same period ranged from a low of 2 (during the 114th Congress, nominees confirmed during this same period ranged from a low of 2 (during the 114th Congress,
2015-2016) to a high of 44 (during the 96th Congress, 1979-1980). Recently, the 115th Congress 2015-2016) to a high of 44 (during the 96th Congress, 1979-1980). Recently, the 115th Congress
(2017-2018) had the third-highest number of circuit court nominees (30) confirmed during a (2017-2018) had the third-highest number of circuit court nominees (30) confirmed during a
Congress, and the Congress, and the ~~116th~~117th Congress ( Congress (~~2019-2020~~2021-2022) had the fourth-highest number of circuit court ) had the fourth-highest number of circuit court
nominees nominees ~~(24)~~ confirmed during a Congressconfirmed during a Congress (28). .
The median percentage of circuit court nominees confirmed during a Congress, from the 95th The median percentage of circuit court nominees confirmed during a Congress, from the 95th
through the through the ~~116th~~117th, was 66., was 66.17%. The smallest percentage of circuit court nominees, 22.2%, were %. The smallest percentage of circuit court nominees, 22.2%, were
confirmed during the 114th Congress (2015-2016). All (100%) of the circuit court nominations confirmed during the 114th Congress (2015-2016). All (100%) of the circuit court nominations
submitted to the Senate during the 95th and 99th Congresses (1977-1978 and 1985-1986, submitted to the Senate during the 95th and 99th Congresses (1977-1978 and 1985-1986,
respectively) were confirmed by the Senate.respectively) were confirmed by the Senate. ~~Most~~ More recently, the 116th Congress (2019-2020) had recently, the 116th Congress (2019-2020) had
~~Congressional Research Service~~
6

~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

the greatest percentage of circuit court nominees confirmed during a Congress the greatest percentage of circuit court nominees confirmed during a Congress ~~since~~(92.3%) since the 101st 101st
Congress (1989-1990). Congress (1989-1990).
U.S. District Court Nominees
The median number of U.S. district court nominees confirmed during a Congress, from the 95th The median number of U.S. district court nominees confirmed during a Congress, from the 95th
through the through the ~~116th~~117th, was , was 6768 (while the median number of district court nominations submitted to the (while the median number of district court nominations submitted to the
Senate was approximately Senate was approximately 9094). The number of nominees confirmed ranged from a low of 18 ). The number of nominees confirmed ranged from a low of 18
(during the 114th Congress, 2015-2016) to a high of 154 (during the 96th Congress, 1979-1980).(during the 114th Congress, 2015-2016) to a high of 154 (during the 96th Congress, 1979-1980).
~~Most~~ More recently, the 116th Congress (2019-2020) had the second-highest number of district court recently, the 116th Congress (2019-2020) had the second-highest number of district court
nominees (121) confirmed during a Congress. nominees (121) confirmed during a Congress. ~~The~~Additionally, the 116th Congress 116th Congress ~~also~~ had the greatest number of had the greatest number of
district court nominees (147) with nominations submitted during a Congress for the district court nominees (147) with nominations submitted during a Congress for the 1977-2022 period. The number of district court nominations submitted during the 117th Congress Congressional Research Service 7 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 (104) is the first time during the 1977-2022 period that more than 100 district court nominations were submitted during three consecutive Congresses (the 115th, 116th, and 117th). ~~1977-2020~~
~~period.~~
The median percentage of district court nominees confirmed during a Congress, from the 95th The median percentage of district court nominees confirmed during a Congress, from the 95th
through the through the ~~116th~~117th, was , was ~~83.2~~82.3%. The smallest percentage confirmed during this period was 29.5% %. The smallest percentage confirmed during this period was 29.5%
(during the 114th Congress, 2015-2016), and the greatest percentage confirmed was 98.6% (during the 114th Congress, 2015-2016), and the greatest percentage confirmed was 98.6%
(during the 97th Congress, 1981-1982).(during the 97th Congress, 1981-1982). Recently, the 115th Congress had the second-smallest Recently, the 115th Congress had the second-smallest
percentage (47.3%) of district court nominees confirmed during a Congress for the 1977-2020 percentage (47.3%) of district court nominees confirmed during a Congress for the 1977-2020
period. The 114th and 115th Congresses period. The 114th and 115th Congresses (2015-2016 and 2017-2018) are the only two Congresses during this period when are the only two Congresses during this period when
fewer than half of the district court nominees whose nominations were submitted during a fewer than half of the district court nominees whose nominations were submitted during a
Congress also had their nominations confirmed during that same Congress. Congress also had their nominations confirmed during that same Congress.
Table 3. Nominees to U.S. Circuit and District Court Judgeships During Each
Congress: Number Nominated, Number Confirmed, Percentage Confirmed
(95th Congress to (95th Congress to ~~116th~~117th Congress) Congress)
U.S. Circuit Court
U.S. District Court
U.S. Circuit & District Court
Nominees
Nominees
Nominees (Combined)
# of # of
Nominees Nominees
# of # of
Nominees Nominees
# of # of
Nominees Nominees
Congress
Nominees Nominees
Confirmed Confirmed
Nominees Nominees
Confirmed Confirmed
Nominees Nominees
Confirmed Confirmed
(Years)
# #
% %
# #
% %
# #
% %
95th (1977-78) 95th (1977-78)
12 12
12 12
100 100
50 50
48 48
96.0 96.0
62 62
60 60
96.8 96.8
96th (1979-80) 96th (1979-80)
48 48
44 44
91.7 91.7
168 168
154 154
91.7 91.7
216 216
198 198
91.7 91.7
97th (1981-82) 97th (1981-82)
20 20
19 19
95.0 95.0
69 69
68 68
98.6 98.6
89 89
87 87
97.8 97.8
98th (1983-84) 98th (1983-84)
19 19
14 14
73.7 73.7
75 75
61 61
81.3 81.3
94 94
75 75
79.8 79.8
99th (1985-86) 99th (1985-86)
33 33
33 33
100 100
100 100
95 95
95.0 95.0
133 133
128 128
96.2 96.2
100th (1987-88) 100th (1987-88)
26 26
17 17
65.4 65.4
78 78
66 66
84.6 84.6
104 104
83 83
79.8 79.8
101st (1989-90) 101st (1989-90)
23 23
22 22
95.7 95.7
50 50
48 48
96.0 96.0
73 73
70 70
95.9 95.9
102nd (1991-92) 102nd (1991-92)
31 31
20 20
64.5 64.5
144 144
100 100
69.4 69.4
175 175
120 120
68.6 68.6
103rd (1993-94) 103rd (1993-94)
22 22
19 19
86.4 86.4
118 118
107 107
90.7 90.7
140 140
126 126
90.0 90.0
104th (1995-96) 104th (1995-96)
20 20
11 11
55.0 55.0
85 85
62 62
72.9 72.9
105 105
73 73
69.5 69.5
105th (1997-98) 105th (1997-98)
30 30
20 20
66.7 66.7
94 94
79 79
84.0 84.0
124 124
99 99
79.8 79.8
106th (1999-00) 106th (1999-00)
34 34
15 15
44.1 44.1
83 83
57 57
68.7 68.7
117 117
72 72
61.5 61.5
107th (2001-02) 107th (2001-02)
32 32
17 17
53.1 53.1
98 98
83 83
84.7 84.7
130 130
100 100
76.9 76.9
108th (2003-04) 108th (2003-04)
34 34
18 18
52.9 52.9
94 94
85 85
90.4 90.4
128 128
103 103
80.5 80.5
~~Congressional Research Service~~
7

~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~U.S. Circuit Court~~
~~U.S. District Court~~
~~U.S. Circuit & District Court~~
~~Nominees~~
~~Nominees~~
~~Nominees (Combined)~~
~~# of~~
~~Nominees~~
~~# of~~
~~Nominees~~
~~# of~~
~~Nominees~~
~~Congress~~
~~Nominees~~
~~Confirmed~~
~~Nominees~~
~~Confirmed~~
~~Nominees~~
~~Confirmed~~
~~(Years)~~
#
%
#
%
#
%
109th (2005-06) 109th (2005-06)
28 28
16 16
57.1 57.1
65 65
35 35
53.8 53.8
93 93
51 51
54.8 54.8
110th (2007-08) 110th (2007-08)
23 23
10 10
43.5 43.5
79 79
58 58
73.4 73.4
102 102
68 68
66.7 66.7
111th (2009-10) 111th (2009-10)
25 25
16 16
64.0 64.0
78 78
44 44
56.4 56.4
103 103
60 60
58.3 58.3
112th (2011-12) 112th (2011-12)
25 25
14 14
56.0 56.0
127 127
97 97
76.4 76.4
152 152
111 111
73.0 73.0
113th (2013-14) 113th (2013-14)
26 26
23 23
88.5 88.5
123 123
109 109
88.6 88.6
149 149
132 132
88.6 88.6
114th (2015-16) 114th (2015-16)
9 9
2 2
22.2 22.2
61 61
18 18
29.5 29.5
70 70
20 20
28.6 28.6
115th (2017-18) 115th (2017-18)
43 43
30 30
69.8 69.8
112 112
53 53
47.3 47.3
155 155
83 83
53.5 53.5
~~116th (2019-20)~~
26
24
~~92.3~~
~~147~~
~~121~~
~~82.3~~
~~173~~
~~145~~
~~83.8~~Congressional Research Service 8 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 U.S. Circuit Court U.S. District Court U.S. Circuit & District Court Nominees Nominees Nominees (Combined) # of Nominees # of Nominees # of Nominees Congress Nominees Confirmed Nominees Confirmed Nominees Confirmed (Years) # % # % # % 116th (2019-20) 26 24 92.3 147 121 82.3 173 145 83.8 117th (2021-22) 37 28 75.7 104 68 65.4 141 96 68.1
Source: Congressional Research Service. Congressional Research Service.
Notes: This table shows, for the 95th Congress through the This table shows, for the 95th Congress through the ~~116th~~117th Congress, the number of individuals Congress, the number of individuals
nominated to U.S. circuit and district court judgeships during each Congress; the number of nominees confirmed nominated to U.S. circuit and district court judgeships during each Congress; the number of nominees confirmed
during each Congress (#); and the percentage of nominees confirmed during the same Congress (%). An during each Congress (#); and the percentage of nominees confirmed during the same Congress (%). An
individual is counted during any Congress for which he or she had a nomination submitted for a particular individual is counted during any Congress for which he or she had a nomination submitted for a particular
judgeship. Consequently, if an individual was nominated during more than one Congress prior to final action on judgeship. Consequently, if an individual was nominated during more than one Congress prior to final action on
his or her nomination, he or she is counted for each Congress during which he or she had a nomination his or her nomination, he or she is counted for each Congress during which he or she had a nomination
submitted. submitted.
Influence of Unified and Divided Party Control
In general, both a greater number and percentage of circuit and district court nominees were In general, both a greater number and percentage of circuit and district court nominees were
confirmed during Congresses in which the party of the President was the same as the majority confirmed during Congresses in which the party of the President was the same as the majority
party in the Senate.party in the Senate.16 19 U.S. Circuit Court Nominees During Congresses in which there was unified party control (i.e., the party During Congresses in which there was unified party control (i.e., the party
of the President and the majority party in the Senate were the same),of the President and the majority party in the Senate were the same),1720 the median number of the median number of
circuit court nominees confirmed was 19, and the median percentage of nominees confirmed was circuit court nominees confirmed was 19, and the median percentage of nominees confirmed was
~~86.4~~81.1%. In contrast, during Congresses in which there was divided party control (i.e., the party of %. In contrast, during Congresses in which there was divided party control (i.e., the party of
the President was different than the majority party in the Senate),the President was different than the majority party in the Senate),1821 the median number of circuit the median number of circuit
court nominees confirmed was 16, and the median percentage of nominees confirmed was 59.8%. court nominees confirmed was 16, and the median percentage of nominees confirmed was 59.8%.
~~During Congresses~~The influence of unified versus divided party control on the number and percentage of circuit court nominees confirmed by the Senate has been especially notable for relatively recent Congresses. For the nine Congresses since the 103rd Congress (1993-1994) in which there was unified party control, the median number of in which there was unified party control, the median number of ~~district~~circuit court court
nominees confirmed was nominees confirmed was 8519, and the median percentage , and the median percentage ~~of nominees~~ confirmed was confirmed was ~~88.6%.~~69.8%.22 In In
contrast, contrast, ~~during~~for the five Congresses in which there was divided party control, the median number of Congresses in which there was divided party control, the median number of
~~district~~circuit court nominees confirmed was court nominees confirmed was 6011, and the median percentage of nominees confirmed was , and the median percentage of nominees confirmed was
~~73.2%.19~~44.1%.23

1619 This part of the analysis omits the 107th Congress (during which the majority party in the Senate changed prior to the This part of the analysis omits the 107th Congress (during which the majority party in the Senate changed prior to the
end of the Congress). end of the Congress).
1720 These Congresses include the 95th, 96th, 97th, 98th, 99th, 103rd, 108th, 109th, 111th, 112th, 113th, 115th, These Congresses include the 95th, 96th, 97th, 98th, 99th, 103rd, 108th, 109th, 111th, 112th, 113th, 115th, ~~and 116th.~~
18116th, and 117th. 21 These Congresses include the 100th, 101st, 102nd, 104th, 105th, 106th, 110th, and 114th. These Congresses include the 100th, 101st, 102nd, 104th, 105th, 106th, 110th, and 114th.
~~19 There was also a notable difference in the number of district court nominations submitted to the Senate during~~
~~Congresses in which there was unified or divided party control. During Congresses with unified control~~22 These Congresses include the 103rd, 108th, 109th, 111th, 112th, 113th, 115th, 116th, and 117th. 23 These Congresses include the 104th, 105th, 106th, 110th, and 114th. Congressional Research Service 9 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 U.S. District Court Nominees During Congresses in which there was unified party control, the median the median
~~number of nominations submitted by a President was 100, while during Congresses with divided control the median~~
~~number of nominations submitted was 81. In contrast, there was not a comparatively large difference in the number of~~
~~Congressional Research Service~~
8

~~link to page 15 link to page 15~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~
number of district court nominees confirmed was approximately 77, and the median percentage of nominees confirmed was 85.5%. In contrast, during Congresses in which there was divided party control, the median number of district court nominees confirmed was 60, and the median percentage of nominees confirmed was 73.2%.24 The influence of unified versus divided party control on the number, but not the percentage, of district court nominees confirmed by the Senate has also been especially notable for relatively recent Congresses.25 For the nine Congresses since the 103rd Congress (1993-1994) in which there was unified party control, the median number of district court nominees confirmed was 85, and the median percentage confirmed was 76.4%. In contrast, for the five Congresses in which there was divided party control, the median number of district court nominees confirmed was 58, and the median percentage of nominees confirmed was 72.9%.
Multiple Nominations of the Same Person Prior to
Final Action by the Senate
Over the last several presidencies, it has become increasingly common for a President to Over the last several presidencies, it has become increasingly common for a President to
nominate an individual two or more times to a U.S. circuit or district court judgeship prior to final nominate an individual two or more times to a U.S. circuit or district court judgeship prior to final
action on the nomination by the Senate (irrespective of whether the Senate ultimately approved action on the nomination by the Senate (irrespective of whether the Senate ultimately approved
the nomination).the nomination).2026 Consequently, the percentage of nominees confirmed during a presidency who were nominated two or more times prior to being approved by the Senate has also increased in recent years. The first two years of the Biden presidency are not included in Tables 4 and 5 because it is unknown how many of President Biden’s nominations will be confirmed by the Senate (and how many nominations will require two or more nominations prior to confirmation). The corresponding statistics, however, for nominees confirmed during the first two years of the Biden presidency (2021-2022) are presented in the text. 24 There was also a notable difference in the number of district court nominations submitted to the Senate during Congresses in which there was unified or divided party control. During Congresses with unified control the median number of nominations submitted by a President was 102, while during Congresses with divided control the median number of nominations submitted was 81. In contrast, there was not a comparatively large difference in the number of circuit court nominations submitted during Congresses with unified or divided control (26 and 24.5, respectively). 25 As discussed in the footnote immediately above, there was a notable difference in the median number of district court nominations submitted to the Senate during Congresses since 1977 in which there was unified or divided party control. This is also true for relatively more recent Congresses. During Congresses since the 103rd Congress (1993-1994) with unified party control the median number of nominations submitted by a President was 112, while during Congresses with divided control the median number of nominations submitted was 83. Consequently, while there are generally more district court nominations confirmed by the Senate during periods of unified party control, the percentage of such nominees confirmed during periods of unified control doesn’t increase as might be expected (relative to periods of divided party control) given that more nominations are also submitted during periods of unified control. 26 Senate rules provide that “nominations neither confirmed nor rejected during the session at which they are made shall not be acted upon at any succeeding session without being again made to the Senate by the President…” In practice, such nominations, whether for the executive or judicial branch, have sometimes been returned to the President at the end of the first session and are always returned to the President at the end of the Congress. Nominations also may be returned automatically to the President at the beginning of a recess of more than 30 days, but the Senate rule providing for this return has often been waived. See CRS Report R44083, Appointment and Confirmation of Executive Branch Leadership: An Overview, by Henry B. Hogue and Maeve P. Carey. Congressional Research Service 10 link to page 16 link to page 16 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 ~~Consequently, the percentage of nominees confirmed during a presidency who~~
~~were nominated two or more times prior to being approved by the Senate has also increased in~~
~~recent years.~~
U.S. Circuit Court Nominees
As shown byAs shown by Table 4, the total number of circuit court nominees who were nominated two or the total number of circuit court nominees who were nominated two or
more times prior to final action, whether confirmed or not, ranged from a low of 1 (during the more times prior to final action, whether confirmed or not, ranged from a low of 1 (during the
Carter and George H. W. Bush presidencies) to a high of 39 (during the George W. Bush Carter and George H. W. Bush presidencies) to a high of 39 (during the George W. Bush
presidency). presidency).
Of the 28 circuit court nominees confirmed by the Senate during the first two years of the Biden presidency (2021-2022), 3 (11%) were nominated more than once prior to being confirmed. The number of circuit court nominees who were nominated more than once and ultimately The number of circuit court nominees who were nominated more than once and ultimately
confirmed by the Senate ranged from a low of 0 (during the George H. W. Bush presidency) to a by the Senate ranged from a low of 0 (during the George H. W. Bush presidency) to a
high of 28 (during the George W. Bush presidency). And the number of nominees who were high of 28 (during the George W. Bush presidency). And the number of nominees who were
nominated more than once but nominated more than once but not confirmed by the Senate ranged from a low of 0 (during the by the Senate ranged from a low of 0 (during the
Carter presidency) to a high of 11 (during the George W. Bush presidency). Carter presidency) to a high of 11 (during the George W. Bush presidency).
Overall, of the seven presidencies listed i Overall, of the seven presidencies listed in Table 4, President George W. Bush had the greatest esident George W. Bush had the greatest
percentage of confirmed circuit court nominees who were nominated more than once prior to percentage of confirmed circuit court nominees who were nominated more than once prior to
being confirmed by the Senate (45.9%). being confirmed by the Senate (45.9%).
During the Obama presidency, the percentage of confirmed circuit court nominees who were During the Obama presidency, the percentage of confirmed circuit court nominees who were
nominated more than once prior to being approved by the Senate declined to 36.4% (representing nominated more than once prior to being approved by the Senate declined to 36.4% (representing
the second-highest percentage of circuit court nominees nominated more than once prior to the second-highest percentage of circuit court nominees nominated more than once prior to
Senate approval). Senate approval).
~~More recently, during~~During the Trump presidency, the percentage of confirmed circuit court nominees the Trump presidency, the percentage of confirmed circuit court nominees
who were nominated more than once prior to Senate confirmation declined to 33.3% who were nominated more than once prior to Senate confirmation declined to 33.3%
(representing the third-highest percentage of circuit court nominees nominated more than once (representing the third-highest percentage of circuit court nominees nominated more than once
prior to Senate approval). However, during the Trump presidency, only a single individual was prior to Senate approval). However, during the Trump presidency, only a single individual was
nominated more than once prior to final action and not ultimately confirmed by the Senate nominated more than once prior to final action and not ultimately confirmed by the Senate
(representing the fewest number (representing the fewest number of such nominees since the George H. W. Bush presidency). ~~of such nominees since the George H. W. Bush presidency).~~

~~circuit court nominations submitted during Congresses with unified or divided control (25 and 26, respectively).~~
~~20 Senate rules provide that “nominations neither confirmed nor rejected during the session at which they are made shall~~
~~not be acted upon at any succeeding session without being again made to the Senate by the President…” In practice,~~
~~such nominations, whether for the executive or judicial branch, have sometimes been returned to the President at the~~
~~end of the first session and are always returned to the President at the end of the Congress. Nominations also may be~~
~~returned automatically to the President at the beginning of a recess of more than 30 days, but the Senate rule providing~~
~~for this return has often been waived. See CRS Report R44083,~~ ~~Appointment and Confirmation of Executive Branch~~
~~Leadership: An Overview, by Henry B. Hogue and Maeve P. Carey.~~
~~Congressional Research Service~~
9

~~link to page 16 link to page 16~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

Table 4. Number of U.S. Circuit Court Nominees Who Were Nominated Two or
More Times Prior to Final Action and Percentage of All Confirmed U.S. Circuit
Court Nominees Nominated Two or More Times Prior to Being Confirmed
Number of Nominees
Nominated Two or More Times
Percentage of President’s
Prior To Final Action
Confirmed Nominees Who Were
Nominated Two or More Times
President
Confirmed Not Confirmed Total Confirmed Not Confirmed Total
Prior to Being Confirmed
Carter Carter
1 1
0 0
1 1
1.8% 1.8%
Reagan Reagan
6 6
1 1
7 7
7.2% 7.2%
Bush, G.H.W. Bush, G.H.W.
0 0
1 1
1 1
0.0% 0.0%
Clinton Clinton
12 12
10 10
22 22
18.5% 18.5%
Bush, G.W. Bush, G.W.
28 28
11 11
39 39
45.9% 45.9%
Obama Obama
20 20
5 5
25 25
36.4% 36.4%
Trump Trump
18 18
1 1
19 19
33.3% 33.3%
Source: Congressional Research Service. Congressional Research Service.
Notes: This table shows the number of U.S. circuit court nominees who were nominated two or more times This table shows the number of U.S. circuit court nominees who were nominated two or more times
prior to final action on their nominations (and whether confirmed or not by the Senate). The table also provides prior to final action on their nominations (and whether confirmed or not by the Senate). The table also provides
the overall percentage of circuit court nominees who were confirmed during a presidency and nominated two or the overall percentage of circuit court nominees who were confirmed during a presidency and nominated two or
~~more times prior to being confirmed by the Senate~~ Congressional Research Service 11 link to page 17 link to page 17 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 more times prior to being confirmed by the Senate. Of the 28 circuit court nominees confirmed by the Senate during the first two years of the Biden presidency (2021-2022), 3 (11%) were nominated more than once prior to being confirmed. .
U.S. District Court Nominees
As shown byAs shown by Table 5, the total number of district court nominees who were nominated two or the total number of district court nominees who were nominated two or
more times prior to final action ranged from a low of 3 (during the George H. W. Bush more times prior to final action ranged from a low of 3 (during the George H. W. Bush
presidency) to a high of 111 (during the Obama presidency).presidency) to a high of 111 (during the Obama presidency). Of the 68 district court nominees confirmed by the Senate during the first two years of the Biden presidency (2021-2022), 14 (21%) were nominated more than once prior to being confirmed.
The number of district court nominees who were nominated more than once and ultimately The number of district court nominees who were nominated more than once and ultimately
confirmed by the Senate ranged from a low of 2 (during the George H. W. Bush presidency) to a by the Senate ranged from a low of 2 (during the George H. W. Bush presidency) to a
high of 104 (during the Obama presidency). And the number of nominees who were nominated high of 104 (during the Obama presidency). And the number of nominees who were nominated
more than once but more than once but not confirmed by the Senate ranged from a low of 1 (during the Carter and by the Senate ranged from a low of 1 (during the Carter and
George H. W. Bush presidencies) to a high of 13 (during the Trump presidency). George H. W. Bush presidencies) to a high of 13 (during the Trump presidency).
Overall, of the seven presidencies listed i Overall, of the seven presidencies listed in Table 5, President Trump had the greatest percentage President Trump had the greatest percentage
of confirmed district court nominees who were nominated more than once prior to being of confirmed district court nominees who were nominated more than once prior to being
confirmed by the Senate (40.8%). This was an increase from the Obama presidency, when 38.8% confirmed by the Senate (40.8%). This was an increase from the Obama presidency, when 38.8%
of district court nominees were nominated more than once prior to being confirmed (which of district court nominees were nominated more than once prior to being confirmed (which
represents the second-highest percentage of district court nominees nominated more than once represents the second-highest percentage of district court nominees nominated more than once
prior to Senate approval). prior to Senate approval).
~~Congressional Research Service~~
10

~~link to page 17~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

Table 5. Number of U.S. District Court Nominees Who Were Nominated Two or
More Times Prior to Final Action and Percentage of All Confirmed U.S. District
Court Nominees Nominated Two or More Times Prior to Being Confirmed
Number of Nominees Nominated
Two or More Times Prior to Final
Percentage of All Confirmed
Action
Nominees Who Were
Nominated Two or More Times
President
Confirmed Confirmed
Not Confirmed Not Confirmed
Total Total
Prior to Being Confirmed
Carter Carter
4 4
1 1
5 5
2.0% 2.0%
Reagan Reagan
24 24
2 2
26 26
8.3% 8.3%
Bush, G.H.W. Bush, G.H.W.
2 2
1 1
3 3
1.4% 1.4%
Clinton Clinton
21 21
9 9
30 30
6.9% 6.9%
Bush, G.W. Bush, G.W.
62 62
6 6
68 68
23.8% 23.8%
Obama Obama
104 104
7 7
111 111
38.8% 38.8%
Trump Trump
71 71
13 13
84 84
40.8% 40.8%
Source: Congressional Research Service. Congressional Research Service.
Notes: This table shows the number of U.S. district court nominees who were nominated two or more times This table shows the number of U.S. district court nominees who were nominated two or more times
prior to final action on their nominations (and whether confirmed or not by the Senate). The table also provides prior to final action on their nominations (and whether confirmed or not by the Senate). The table also provides
the overall percentage of district court nominees who were confirmed during a presidency and nominated two the overall percentage of district court nominees who were confirmed during a presidency and nominated two
or more times prior to being confirmed by the Senate. or more times prior to being confirmed by the Senate.
Of the 68 district court nominees confirmed by the Senate during the first two years of the Biden presidency (2021-2022), 14 (21%) were nominated more than once prior to being confirmed. Congressional Research Service 12 link to page 19 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 Nominees Whose Nominations Were Returned at
the End of a Congress
Table 6 provides data related to the number of U.S. circuit and district court nominees whose provides data related to the number of U.S. circuit and district court nominees whose
nominations were returned by the Senate to the President at the end of each Congress, from the nominations were returned by the Senate to the President at the end of each Congress, from the
95th through the 95th through the ~~116th.21~~117th.27 The table also indicates how many of these nominees had been given a The table also indicates how many of these nominees had been given a
hearing (or not) by the Judiciary Committee as well as how many had their nominations reported hearing (or not) by the Judiciary Committee as well as how many had their nominations reported
by the committee and pending on the by the committee and pending on the Executive Calendar prior to being returned to the President. prior to being returned to the President.
For a Congress that did not coincide with the last two years of a presidency, it was not uncommon For a Congress that did not coincide with the last two years of a presidency, it was not uncommon
for a nominee whose nomination was returned at the end of it to be resubmitted during a for a nominee whose nomination was returned at the end of it to be resubmitted during a
subsequent Congress and eventually be approved by the Senate.subsequent Congress and eventually be approved by the Senate.2228 For a Congress, however, that For a Congress, however, that
did coincide with the last two years of a presidency, a nominee whose nomination was returned at did coincide with the last two years of a presidency, a nominee whose nomination was returned at
the end of it was not confirmed by the Senate. the end of it was not confirmed by the Senate.
~~U.S. Circuit Court Nominees~~
The median number of U.S. circuit court nominees whose nominations were returned to a The median number of U.S. circuit court nominees whose nominations were returned to a
President at the end of a Congress during this period was 7, while the median number of district President at the end of a Congress during this period was 7, while the median number of district
court nominees whose nominations were returned at the end of a Congress was court nominees whose nominations were returned at the end of a Congress was 1415. For the . For the 14

~~21 These data do not include nominations that were returned to a President at times other than at the end of a Congress~~
~~or that were withdrawn by a President himself. It also excludes nominations that were rejected by the Senate in up-or-~~
~~down roll call votes.~~
~~22 For example, each of the 13 district court nominations returned at the end of the 98th Congress (1983-1984) was later~~
~~approved by the Senate during a subsequent Congress. Similarly, 22 of 24 district court nominations returned at the end~~
~~of the 112th Congress (2011-2012) were later approved during a subsequent Congress.~~
~~Congressional Research Service~~
11

~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

fifteen most recent Congresses (corresponding to Congresses during the Clinton, George W. Bush, most recent Congresses (corresponding to Congresses during the Clinton, George W. Bush,
Obama, Obama, Trump, and Biden~~and Trump~~ presidencies), the median number of circuit court nominees whose presidencies), the median number of circuit court nominees whose
nominations were returned to a President at the end of a Congress was 9, while the median nominations were returned to a President at the end of a Congress was 9, while the median
number of district court nominations returned was approximately 21. number of district court nominations returned was approximately 21.
U.S. Circuit Court Nominees No circuit court nominees had nominations returned at the end of the 95th Congress (during the No circuit court nominees had nominations returned at the end of the 95th Congress (during the
Carter presidency) or during the 99th Congress (during the Reagan presidency). Carter presidency) or during the 99th Congress (during the Reagan presidency). ~~Most recently,~~
~~there~~There was one circuit court nomination returned at the end of the 116th Congress—this was the was one circuit court nomination returned at the end of the 116th Congress—this was the
fewest number of circuit court nominations returned at the end of a Congress since the 101st fewest number of circuit court nominations returned at the end of a Congress since the 101st
~~Congress (1989-1990).~~
Congress (1989-1990). Most recently, there were nine circuit court nominations returned to President Biden at the end of the 117th Congress. The 106th Congress, during the Clinton presidency, had the greatest number of circuit court The 106th Congress, during the Clinton presidency, had the greatest number of circuit court
nominees whose nominations were returned at the end of a Congress (17)—followed by the 107th nominees whose nominations were returned at the end of a Congress (17)—followed by the 107th
and 108th Congresses, both during the George W. Bush presidency, when 15 circuit court and 108th Congresses, both during the George W. Bush presidency, when 15 circuit court
nominations were returned at the end of each Congress. nominations were returned at the end of each Congress.
Other than the 95th and 99th Congresses when there were no circuit court nominations returned at Other than the 95th and 99th Congresses when there were no circuit court nominations returned at
the end of either Congress, the fewest percentage of circuit court nominees who had nominations the end of either Congress, the fewest percentage of circuit court nominees who had nominations
returned, as a percentage of all nominees who were nominated during a Congress, occurred at the returned, as a percentage of all nominees who were nominated during a Congress, occurred at the
end of the 116th Congress during the Trump presidency (when 3.8% of nominations were end of the 116th Congress during the Trump presidency (when 3.8% of nominations were
returned). returned).
27 These data do not include nominations that were returned to a President at times other than at the end of a Congress or that were withdrawn by a President himself. It also excludes nominations that were rejected by the Senate in up-or-down roll call votes. 28 For example, each of the 13 district court nominations returned at the end of the 98th Congress (1983-1984) was later approved by the Senate during a subsequent Congress. Similarly, 22 of 24 district court nominations returned at the end of the 112th Congress (2011-2012) were later approved during a subsequent Congress. Congressional Research Service 13 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 The greatest percentage of circuit court nominees who had nominations returned, as a percentage The greatest percentage of circuit court nominees who had nominations returned, as a percentage
of all nominees who were nominated during a Congress, occurred at the end of the 114th Congress of all nominees who were nominated during a Congress, occurred at the end of the 114th Congress
during the Obama presidency (seven of nine nominations, or 77.8%, were returned). during the Obama presidency (seven of nine nominations, or 77.8%, were returned).
Table 6. U.S. Circuit and District Court Nominees: Number Whose Nominations
Were Returned at End of Each Congress and the Percentage of All Nominees
Whose Nominations Were Returned at End of Each Congress
(95th Congress to (95th Congress to ~~116th~~117th Congress) Congress)
U.S. Circuit Court Nominees
U.S. District Court Nominees
Hearing & Hearing &
Hearing & Hearing &
Congress
Hearing & Hearing &
Not Not
No No
% of All % of All
Hearing & Hearing &
Not Not
No No
% of All % of All
(Years)
Reported Reported
Reported Reported
Hearing Total Nominees Hearing Total Nominees
Reported Reported
Reported Reported
Hearing Total Nominees Hearing Total Nominees
95th (1977-78) 95th (1977-78)
0 0
0 0
0 0
0 0
0.0% 0.0%
1 1
0 0
0 0
1 1
2.0% 2.0%
96th (1979-80) 96th (1979-80)
0 0
3 3
1 1
4 4
8.3% 8.3%
0 0
6 6
6 6
12 12
7.1% 7.1%
97th (1981-82) 97th (1981-82)
0 0
0 0
1 1
1 1
5.0% 5.0%
0 0
0 0
1 1
1 1
1.4% 1.4%
98th (1983-84) 98th (1983-84)
1 1
1 1
1 1
3 3
15.8% 15.8%
5 5
3 3
5 5
13 13
17.3% 17.3%
99th (1985-86) 99th (1985-86)
0 0
0 0
0 0
0 0
0.0% 0.0%
0 0
1 1
2 2
3 3
3.0% 3.0%
100th (1987-88) 100th (1987-88)
2 2
0 0
5 5
7 7
26.9% 26.9%
1 1
5 5
3 3
9 9
11.5% 11.5%
101st (1989-90) 101st (1989-90)
0 0
0 0
1 1
1 1
4.3% 4.3%
0 0
0 0
2 2
2 2
4.0% 4.0%
102nd (1991-92) 102nd (1991-92)
0 0
1 1
9 9
10 10
32.3% 32.3%
0 0
0 0
42 42
42 42
29.2% 29.2%
103rd (1993-94) 103rd (1993-94)
0 0
1 1
2 2
3 3
13.6% 13.6%
0 0
2 2
9 9
11 11
9.3% 9.3%
104th (1995-96) 104th (1995-96)
4 4
1 1
3 3
8 8
40.0% 40.0%
3 3
5 5
12 12
20 20
23.5% 23.5%
105th (1997-98) 105th (1997-98)
2 2
1 1
6 6
9 9
30.0% 30.0%
2 2
3 3
6 6
11 11
11.7% 11.7%
106th (1999-00) 106th (1999-00)
0 0
2 2
15 15
17 17
50.0% 50.0%
0 0
2 2
22 22
24 24
28.9% 28.9%
107th (2001-02) 107th (2001-02)
0 0
3 3
12 12
15 15
46.9% 46.9%
0 0
0 0
15 15
15 15
15.3% 15.3%
~~Congressional Research Service~~
12

~~link to page 17~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~U.S. Circuit Court Nominees~~
~~U.S. District Court Nominees~~
~~Hearing &~~
~~Hearing &~~
~~Congress~~
~~Hearing &~~
~~Not~~
No
~~% of All~~
~~Hearing &~~
~~Not~~
No
~~% of All~~
~~(Years)~~
~~Reported~~
~~Reported~~
~~Hearing Total Nominees~~
~~Reported~~
~~Reported~~
~~Hearing Total Nominees~~
108th (2003-04) 108th (2003-04)
11 11
3 3
1 1
15 15
44.1% 44.1%
0 0
2 2
6 6
8 8
8.5% 8.5%
109th (2005-06) 109th (2005-06)
0 0
1 1
9 9
10 10
35.7% 35.7%
13 13
1 1
14 14
28 28
43.1% 43.1%
110th (2007-08) 110th (2007-08)
0 0
0 0
10 10
10 10
43.5% 43.5%
0 0
3 3
17 17
20 20
25.3% 25.3%
111th (2009-10) 111th (2009-10)
4 4
0 0
5 5
9 9
36.0% 36.0%
16 16
1 1
17 17
34 34
43.6% 43.6%
112th (2011-12) 112th (2011-12)
4 4
0 0
3 3
7 7
28.0% 28.0%
6 6
4 4
14 14
24 24
18.9% 18.9%
113th (2013-14) 113th (2013-14)
0 0
0 0
2 2
2 2
7.7% 7.7%
0 0
1 1
10 10
11 11
8.9% 8.9%
114th (2015-16) 114th (2015-16)
2 2
1 1
4 4
7 7
77.8% 77.8%
18 18
10 10
15 15
43 43
70.5% 70.5%
115th (2017-18) 115th (2017-18)
0 0
6 6
6 6
12 12
27.9% 27.9%
31 31
17 17
8 8
56 56
50.0% 50.0%
116th (2019-20) 116th (2019-20)
0 0
1 1
0 0
1 1
3.8% 3.8%
3 3
0 0
18 18
21 21
14.3% 14.3%
117th (2021-22) 5 3 1 9 24.3% 19 12 5 36 34.6% Source: Congressional Research Service. Congressional Research Service.
~~Notes~~Note: This table shows, for the 95th Congress through the This table shows, for the 95th Congress through the ~~116th~~117th Congress, the number of nominees whose Congress, the number of nominees whose
nominations were returned at the end of a Congress (as well as how many of the nominees had received a nominations were returned at the end of a Congress (as well as how many of the nominees had received a
Judiciary Committee hearing, or not, and how many had their nominations reported by the committee). Judiciary Committee hearing, or not, and how many had their nominations reported by the committee).
Congressional Research Service 14 link to page 19 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 U.S. District Court Nominees
A single district court nominee had a nomination returned at the end of each of the 95th and 97th A single district court nominee had a nomination returned at the end of each of the 95th and 97th
Congresses during the Carter and Reagan presidencies, respectively. Congresses during the Carter and Reagan presidencies, respectively.
The 115th Congress had the greatest number of district court nominees whose nominations were The 115th Congress had the greatest number of district court nominees whose nominations were
returned at the end of a Congress (56).returned at the end of a Congress (56). Most recently, there were 36 district court nominations returned at the end of the 117th Congress. This ranks, among the 23 Congresses included in Table 6, as the fourth highest number of district court nominations returned at the end of a Congress since the 95th Congress (1977-1978).
The smallest percentage of district court nominees who had nominations returned, as a percentage The smallest percentage of district court nominees who had nominations returned, as a percentage
of all nominees who were nominated during a Congress, occurred at the end of the 97th Congress, of all nominees who were nominated during a Congress, occurred at the end of the 97th Congress,
1981-1982, during the Reagan presidency (1 of 69, or 1.4%, were returned). 1981-1982, during the Reagan presidency (1 of 69, or 1.4%, were returned).
The greatest percentage of district court nominees who had nominations returned, as a percentage The greatest percentage of district court nominees who had nominations returned, as a percentage
of all nominees who were nominated during a Congress, occurred at the end of the 114th of all nominees who were nominated during a Congress, occurred at the end of the 114th
Congress, 2015-2016, during the Obama presidency (43 of 61 nominations, or 70.5%, were Congress, 2015-2016, during the Obama presidency (43 of 61 nominations, or 70.5%, were
returned). returned).
The percentage of district court nominees returned at the end of the 117th Congress (34.6%) ranks, among the 23 Congresses included in Table 6, as the fifth highest percentage of district court nominees returned at the end of a Congress since the 95th Congress (1977-1978). Note that Note that Table 6 does not indicate when, during a Congress, a President submitted nominations does not indicate when, during a Congress, a President submitted nominations
to the Senate. If nominations are submitted for the first time relatively late in a Congress, it may to the Senate. If nominations are submitted for the first time relatively late in a Congress, it may
not give the Senate adequate time to act on them prior to adjournment. not give the Senate adequate time to act on them prior to adjournment.
Time from Nomination to Confirmation
This section provides, for nominees confirmed by the Senate from 1977 through This section provides, for nominees confirmed by the Senate from 1977 through ~~2020~~2022, the median , the median
number of days from nomination to confirmation by presidency and by Congress.number of days from nomination to confirmation by presidency and by Congress.~~23 In general,~~

2329 In general, the length of time from when a President nominates an individual to a vacant circuit or district court judgeship to when the Senate approves that nomination has steadily increased, for most nominees, since 1977.30 In addition to the general increase in the length of time of the confirmation process itself, an individual nominee might experience a relatively longer period of time from nomination to confirmation due to opposition to the nomination by the nonpresidential party in the Senate; committee and floor scheduling decisions unrelated to partisan opposition to the nomination; and delays in receiving requested background information from the nominee.31 29 Excluded from the analysis are unsuccessful nominations that were not approved by the Senate. These nominations Excluded from the analysis are unsuccessful nominations that were not approved by the Senate. These nominations
are excluded because most of a President’s nominees are approved by the Senate and, consequently, provide a better are excluded because most of a President’s nominees are approved by the Senate and, consequently, provide a better
indication as to whether and how the length of time from nomination to confirmation has changed over time for a indication as to whether and how the length of time from nomination to confirmation has changed over time for a
typical circuit or district court nominee. typical circuit or district court nominee.
~~Congressional Research Service~~
13

~~link to page 20~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~the length of time from when a President nominates an individual to a vacant circuit or~~30 If a nominee was nominated more than once by a President, prior to the nominee’s eventual confirmation by the Senate, the first date on which he or she was nominated was used to calculate the days elapsed from nomination to confirmation. 31 There may be several consequences to the relatively longer waiting times from nomination to confirmation experienced by many judicial nominees, including an increase in the vacancy rates of circuit and district district
~~court judgeship to when the Senate approves that nomination has steadily increased, for most~~
~~nominees, since 1977.24~~
~~In addition to the general increase in the length of time of the confirmation process itself, an~~
~~individual nominee might experience a relatively longer period of time from nomination to~~
~~confirmation due to opposition to the nomination by the nonpresidential party in the Senate;~~
~~committee and floor scheduling decisions unrelated to partisan opposition to the nomination; and~~
~~delays in receiving requested background information from the nominee.25~~court judgeships; detrimental effects on judicial administration, such as caseload management; fewer highly qualified nominees who are willing to undergo a more lengthy, and potentially more combative, confirmation process; and an excessive emphasis on the ideological or partisan predisposition of nominees. For further discussion of these factors, see CRS Report R43316, Length of Time from Nomination to Confirmation for U.S. Circuit and District Court Nominees: Overview and Policy Options to Shorten the Process, by Barry J. McMillion. Congressional Research Service 15 link to page 22 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
By Presidency
U.S. Circuit Court Nominees
As shown by As shown by Table 7, the median number of days from nomination to confirmation for U.S. the median number of days from nomination to confirmation for U.S.
circuit court nominees ranged from a low of 45.0 days during the Reagan presidency to a high of circuit court nominees ranged from a low of 45.0 days during the Reagan presidency to a high of
229.0 days during the Obama presidency.229.0 days during the Obama presidency. The median number of days from nomination to confirmation for the 28 circuit court nominees confirmed during the first two years of the Biden presidency (2021-2022) was 120.5 days.
Following the Reagan presidency, the median number of days from nomination to confirmation Following the Reagan presidency, the median number of days from nomination to confirmation
increased during each successive presidency with the recent exception of the Trump presidency—increased during each successive presidency with the recent exception of the Trump presidency—
increasing by 176% from 83 days during the George H. W. Bush presidency to 229 days during increasing by 176% from 83 days during the George H. W. Bush presidency to 229 days during
the Obama presidency, and then declining by 42% to 133.5 days during the Trump presidency. the Obama presidency, and then declining by 42% to 133.5 days during the Trump presidency.
The decline from the Obama to the Trump presidencies in the median number of days from The decline from the Obama to the Trump presidencies in the median number of days from
nomination to confirmation for U.S. circuit court nominations likely reflects the prioritization of nomination to confirmation for U.S. circuit court nominations likely reflects the prioritization of
processing circuit court nominations during the 116th Congress.processing circuit court nominations during the 116th Congress.2632
If the average, rather than the median, is used to measure the length of time a President’s circuit If the average, rather than the median, is used to measure the length of time a President’s circuit
court nominees waited from nomination to confirmation,court nominees waited from nomination to confirmation,2733 the average number of days from nomination to confirmation for completed presidencies ranged from a low of 68.7 days during the Reagan presidency to a high of 350.6 days during the George W. Bush presidency.34 32 ~~the average number of days from~~

~~24 If a nominee was nominated more than once by a President, prior to the nominee’s eventual confirmation by the~~
~~Senate, the first date on which he or she was nominated was used to calculate the days elapsed from nomination to~~
~~confirmation.~~
~~25 There may be several consequences to the relatively longer waiting times from nomination to confirmation~~
~~experienced by many judicial nominees, including an increase in the vacancy rates of circuit and district court~~
~~judgeships; detrimental effects on judicial administration, such as caseload management; fewer highly qualified~~
~~nominees who are willing to undergo a more lengthy, and potentially more combative, confirmation process; and an~~
~~excessive emphasis on the ideological or partisan predisposition of nominees. For further discussion of these factors,~~
~~see CRS Report R43316,~~ ~~Length of Time from Nomination to Confirmation for U.S. Circuit and District Court~~
~~Nominees: Overview and Policy Options to Shorten the Process, by Barry J. McMillion.~~
26 The prioritization given to the processing of circuit court nominations was likely facilitated in part by the earlier The prioritization given to the processing of circuit court nominations was likely facilitated in part by the earlier
reinterpretation of Senate Rule XXII during the 113th Congress to allow cloture to be invoked on most nominations by reinterpretation of Senate Rule XXII during the 113th Congress to allow cloture to be invoked on most nominations by
a majority of Senators voting (a quorum being present), as well as by the change surrounding the Senate Judiciary a majority of Senators voting (a quorum being present), as well as by the change surrounding the Senate Judiciary
Committee’s blue slip policy for circuit court nominees during the first year of the Trump presidency itself. This Committee’s blue slip policy for circuit court nominees during the first year of the Trump presidency itself. This
change permitted the Judiciary Committee to consider circuit court nominees whose nominations lacked the support change permitted the Judiciary Committee to consider circuit court nominees whose nominations lacked the support
from one or both of their home state Senators. See from one or both of their home state Senators. See Congressional Record, daily edition, vol. 159 (November 21, 2013), , daily edition, vol. 159 (November 21, 2013),
pp. S8417-S8418; CRS Report R43331, pp. S8417-S8418; CRS Report R43331, Majority Cloture for Nominations: Implications and the “Nuclear”
Proceedings of November 21, 2013, by Valerie Heitshusen; and see Sen. Chuck Grassley, , by Valerie Heitshusen; and see Sen. Chuck Grassley, Congressional Record, daily , daily
edition, vol. 163 (November 16, 2017), pp. S7285-S7287. See also Joseph P. Williams, “Sen. Grassley Opts to Ignore edition, vol. 163 (November 16, 2017), pp. S7285-S7287. See also Joseph P. Williams, “Sen. Grassley Opts to Ignore
Blue Slips Against Trump Judicial Nominees,” Blue Slips Against Trump Judicial Nominees,” U.S. News & World Report, November 16, 2017, at , November 16, 2017, at
https://www.usnews.com/news/politics/articles/2017-11-16/sen-grassley-opts-to-ignore-blue-slips-against-trump-https://www.usnews.com/news/politics/articles/2017-11-16/sen-grassley-opts-to-ignore-blue-slips-against-trump-
judicial-nominees. judicial-nominees.
2733 The average number of days from nomination to confirmation increases, relative to the median number of days from The average number of days from nomination to confirmation increases, relative to the median number of days from
nomination to confirmation, because during each presidency there are nominees whose wait times from nomination to nomination to confirmation, because during each presidency there are nominees whose wait times from nomination to
confirmation were particularly long relative to a President’s other nominees who were confirmed by the Senate. The confirmation were particularly long relative to a President’s other nominees who were confirmed by the Senate. The
~~Congressional Research Service~~
14

~~link to page 21~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~nomination to confirmation for completed presidencies ranged from a low of 68.7 days during the~~
~~Reagan presidency to a high of 350.6 days during the George W. Bush presidency.28~~nominees with relatively long wait times are outliers in the sense of having the effect of “skewing” or increasing the average wait time from nomination to confirmation. The median number of days from nomination to confirmation, however, is less affected by these extreme cases and represents a measure of time from nomination to confirmation that was more typical for a President’s nominees. 34 The average number of days from nomination to confirmation for U.S. circuit court nominees was 238.2 days during the Clinton presidency, 260.2 days for the Obama presidency, and 134.8 days for the Trump presidency. The average number of days from nomination to confirmation for the 28 circuit court nominees confirmed during the first two years of the Biden presidency (2021-2022) was 131.3 days. Congressional Research Service 16 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
Table 7. U.S. Circuit and District Court Nominees: Median Number of Days from
Nomination to Confirmation, by Presidency
(1977 to (1977 to ~~2020~~2022) )

Circuit Court Nominees
District Court Nominees
Median # of Days from
Median # of Days from
Number
Nomination to
Number
Nomination to
President
Confirmed
Confirmation
Confirmed
Confirmation
Carter Carter
56 56
62.5 62.5
202 202
56.5 56.5
Reagan Reagan
83 83
45.0 45.0
290 290
41.0 41.0
G.H.W. Bush G.H.W. Bush
42 42
83.0 83.0
148 148
93.0 93.0
Clinton Clinton
65 65
139.0 139.0
305 305
99.0 99.0
G.W. Bush G.W. Bush
61 61
216.0 216.0
261 261
141.0 141.0
Obama Obama
55 55
229.0 229.0
268 268
215.0 215.0
Trump Trump
54 54
133.5 133.5
174 174
236 236.5 Biden 28 120.5 68 138.5 .5
Source: Congressional Research Service. Congressional Research Service.
Note: This table shows the median number of days from nomination to confirmation for U.S. circuit and district This table shows the median number of days from nomination to confirmation for U.S. circuit and district
court nominees whose nominations were approved by the Senate from 1977 through court nominees whose nominations were approved by the Senate from 1977 through ~~2020.~~
2022. The statistics presented in Table 7 for the Biden presidency reflect the length of time from nomination to confirmation for nominees confirmed during the first two years of his presidency. Figure 1 shows, for each U.S. circuit court nominee who was confirmed from 1977 through shows, for each U.S. circuit court nominee who was confirmed from 1977 through
~~2020~~2022, the number of days from when that individual was first nominated to when he or she was , the number of days from when that individual was first nominated to when he or she was
confirmed by the Senate. The particular circuit court nominee who waited the longest period of confirmed by the Senate. The particular circuit court nominee who waited the longest period of
time from nomination to confirmation is also labeled for each presidency.time from nomination to confirmation is also labeled for each presidency.2935
365 or More Days from Nomination to Confirmation
As shown by the figure, there was a notable increase from the Clinton presidency through the As shown by the figure, there was a notable increase from the Clinton presidency through the
Obama presidency in the number of nominees who waited one year or more from nomination to Obama presidency in the number of nominees who waited one year or more from nomination to
confirmation. During the Carter, Reagan, George H. W. Bush, and Trump presidencies, no circuit confirmation. During the Carter, Reagan, George H. W. Bush, and Trump presidencies, no circuit
court nominees waited 365 days or more to be confirmed.court nominees waited 365 days or more to be confirmed.
~~During the Clinton presidency, there were 12 circuit court nominees who waited one year or more~~
~~to be confirmed. The number of circuit court nominees who waited at least 365 days to be~~
~~confirmed increased further, to a high of 18, during the George W. Bush presidency. During the~~

~~nominees with relatively long wait times are outliers in the sense of having the effect of “skewing” or increasing the~~
~~average wait time from nomination to confirmation. The median number of days from nomination to confirmation,~~
~~however, is less affected by these extreme cases and represents a measure of time from nomination to confirmation that~~
~~was more typical for a President’s nominees.~~
~~28 The average number of days from nomination to confirmation for U.S. circuit court nominees was 238.2 days during~~
~~the Clinton presidency, 260.2 days for the Obama presidency, and 134.8 days for the Trump presidency.~~
29 Additionally, during the first two years of the Biden presidency (2021-2022), no circuit court nominee confirmed by the Senate waited 365 days or more from nomination to confirmation (and no circuit court nominee waited more than 300 days from nomination to confirmation—which was the first time no nominee waited more than 300 days to be confirmed since the George H.W. Bush presidency). During the Clinton presidency, there were 12 circuit court nominees who waited one year or more to be confirmed. The number of circuit court nominees who waited at least 365 days to be confirmed increased further, to a high of 18, during the George W. Bush presidency. During the 35 As shown by the figure, the circuit court nominee who experienced the longest period of time from nomination to As shown by the figure, the circuit court nominee who experienced the longest period of time from nomination to
confirmation across all seven presidencies was Richard A. Paez, who waited 1,505 days, or approximately four years, confirmation across all seven presidencies was Richard A. Paez, who waited 1,505 days, or approximately four years,
to be confirmed after being nominated by President Clinton. The circuit court nominee with the second-longest period to be confirmed after being nominated by President Clinton. The circuit court nominee with the second-longest period
of time from nomination to confirmation was Priscilla R. Owen, who waited 1,477 days (also approximately four years) of time from nomination to confirmation was Priscilla R. Owen, who waited 1,477 days (also approximately four years)
to be confirmed after being nominated by President G.W. Bush. to be confirmed after being nominated by President G.W. Bush.
Congressional Research Service Congressional Research Service
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-~~2020~~2022

Obama presidency, there were 8 circuit court nominees who waited at least one year to be Obama presidency, there were 8 circuit court nominees who waited at least one year to be
confirmed. confirmed.
Overall, 18% of President Clinton’s circuit court nominees waited at least 365 days to be Overall, 18% of President Clinton’s circuit court nominees waited at least 365 days to be
confirmed, 30% of President George W. Bush’s nominees waited at least this long (the highest confirmed, 30% of President George W. Bush’s nominees waited at least this long (the highest
among the seven presidencies), and 15% of President Obama’s nominees waited at least 365 among the seven presidencies), and 15% of President Obama’s nominees waited at least 365
days. days.
Figure 1. U.S. Circuit Court Nominees: Number of Days from Nomination to
Confirmation
(1977 to (1977 to ~~2020~~2022) )

Source: Congressional Research Service. Congressional Research Service.
Notes: This figure shows the number of days from nomination to confirmation for U.S. circuit court nominees This figure shows the number of days from nomination to confirmation for U.S. circuit court nominees
whose nominations were approved by the Senate from 1977 through whose nominations were approved by the Senate from 1977 through ~~2020~~2022. For each presidency, the circuit . For each presidency, the circuit
court nominee who waited the longest from nomination to confirmation is labeled in the figure. court nominee who waited the longest from nomination to confirmation is labeled in the figure.
The information presented in Figure1 for the Biden presidency reflects the length of time from nomination to confirmation for nominees confirmed during the first two years of his presidency (2021-2022). 90 or Fewer Days from Nomination to Confirmation
During the Carter and Reagan presidencies, 47 and 63 circuit court nominees, respectively, waited During the Carter and Reagan presidencies, 47 and 63 circuit court nominees, respectively, waited
90 or fewer days from nomination to confirmation (i.e., were confirmed within approximately 90 or fewer days from nomination to confirmation (i.e., were confirmed within approximately
three months). During the George H. W. Bush presidency, 24 circuit court nominees waited 90 or three months). During the George H. W. Bush presidency, 24 circuit court nominees waited 90 or
fewer days to confirmation. President Clinton had 18 circuit court nominees confirmed within 90 fewer days to confirmation. President Clinton had 18 circuit court nominees confirmed within 90
days of being nominated, while President George W. Bush had 11 such nominees. President days of being nominated, while President George W. Bush had 11 such nominees. President
Obama had 2 circuit court nominees confirmed within three months of being nominated (the Obama had 2 circuit court nominees confirmed within three months of being nominated (the
lowest number among the seven presidencies included in the analysis)lowest number among the seven presidencies included in the analysis)~~. More recently,~~ and President President
Trump had 20 circuit court nominations confirmed within 90 days of being nominated.Trump had 20 circuit court nominations confirmed within 90 days of being nominated.
~~Overall, 84% of President Carter’s~~ During the first two years of the Biden presidency (2021-2022), 6 circuit court nominees were confirmed within 90 days of circuit court nominees were confirmed within 90 days of
~~being nominated. During the Reagan presidency, 76% of circuit court nominees were confirmed~~
being nominated. Congressional Research Service Congressional Research Service
1618

link to page link to page ~~20 link to page 23~~22 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-~~2020~~

2022 Overall, 84% of President Carter’s circuit court nominees were confirmed within 90 days of being nominated. During the Reagan presidency, 76% of circuit court nominees were confirmed within 90 days of nomination, while during the George H. W. Bush presidency 57% of circuit within 90 days of nomination, while during the George H. W. Bush presidency 57% of circuit
court nominees were confirmed within this time frame. court nominees were confirmed within this time frame.
During the Clinton presidency, the percentage of circuit court nominees approved by the Senate During the Clinton presidency, the percentage of circuit court nominees approved by the Senate
within 90 days fell below half of all circuit court nominees confirmed (to 26%). The percentage within 90 days fell below half of all circuit court nominees confirmed (to 26%). The percentage
of nominees confirmed in 90 or fewer days decreased further during both the George W. Bush of nominees confirmed in 90 or fewer days decreased further during both the George W. Bush
presidency (to 16%) and the Obama presidency (to 4%, the lowest percentage among the presidency (to 16%) and the Obama presidency (to 4%, the lowest percentage among the ~~six~~seven
completed presidencies). During the Trump presidency, 37% of confirmed circuit court nominees completed presidencies). During the Trump presidency, 37% of confirmed circuit court nominees
were confirmed within 90 days of being nominated. were confirmed within 90 days of being nominated.
During the first two years of the Biden presidency (2021-2022), 21% of confirmed circuit court nominees who were confirmed were confirmed within 90 days of being nominated. U.S. District Court Nominees
As shown by As shown by Table 7, the median number of days from nomination to confirmation for U.S. the median number of days from nomination to confirmation for U.S.
district court nominees ranged from a low of 41.0 days during the Reagan presidency to a high of district court nominees ranged from a low of 41.0 days during the Reagan presidency to a high of
236.5 days during the Trump presidency. 236.5 days during the Trump presidency.
Following the Reagan presidency, the median number of days from nomination to confirmation Following the Reagan presidency, the median number of days from nomination to confirmation
increased during each successive completed presidency, increasing by 154% from 93.0 days increased during each successive completed presidency, increasing by 154% from 93.0 days
during the George H. W. Bush presidency to 236.5 days during the Trump presidency.during the George H. W. Bush presidency to 236.5 days during the Trump presidency.30
36 The median number of days from nomination to confirmation for the 68 district court nominees confirmed during the first two years of the Biden presidency (2021-2022) was 138.5 days. Figure 2 shows, for each U.S. district court nominee who was confirmed from 1977 through shows, for each U.S. district court nominee who was confirmed from 1977 through
~~2020~~2022, the number of days from when that individual was first nominated to when he or she was , the number of days from when that individual was first nominated to when he or she was
confirmed by the Senate. The particular district court nominee who waited the longest period of confirmed by the Senate. The particular district court nominee who waited the longest period of
time from nomination to confirmation is also labeled for each presidency.time from nomination to confirmation is also labeled for each presidency.3137
365 or More Days from Nomination to Confirmation
As shown by the figure, there was a notable increase after the George H. W. Bush presidency in As shown by the figure, there was a notable increase after the George H. W. Bush presidency in
the number of nominees who waited one year or more from nomination to confirmation. During the number of nominees who waited one year or more from nomination to confirmation. During
the Carter and Reagan presidencies, a combined total of five district court nominees waited 365 the Carter and Reagan presidencies, a combined total of five district court nominees waited 365
days or more to be confirmed.days or more to be confirmed.3238 No district court nominees during the George H. W. Bush No district court nominees during the George H. W. Bush
presidency waited 365 or more days from nomination to confirmation. presidency waited 365 or more days from nomination to confirmation.
During the Clinton presidency, there were 14 district court nominees who waited one year or During the Clinton presidency, there were 14 district court nominees who waited one year or
more to be confirmed. The number of district court nominees who waited at least 365 days to be more to be confirmed. The number of district court nominees who waited at least 365 days to be
~~confirmed increased further, to a high of 17, during the George W. Bush presidency. During the~~
~~Obama presidency, there were 16 district court nominees who waited at least 365 days to be~~
~~confirmed (which was the second highest among the seven presidencies). Most recently, during~~
~~the Trump presidency, 44 district court nominees waited at least 365 days from nomination to~~
~~confirmation (this was the highest for the same presidencies).~~
~~Overall, 5% of President Clinton’s district court nominees waited at least 365 days from~~
~~nomination to confirmation, 7% of President George W. Bush’s nominees waited at least this~~

30 36 The The average wait time from nomination to confirmation for U.S. district court nominees was 67.5 days (Reagan); wait time from nomination to confirmation for U.S. district court nominees was 67.5 days (Reagan);
70.5 days (Carter); 103.0 days (G.H.W. Bush); 135.6 days (Clinton); 178.0 days (G.W. Bush); 224.9 days (Obama); 70.5 days (Carter); 103.0 days (G.H.W. Bush); 135.6 days (Clinton); 178.0 days (G.W. Bush); 224.9 days (Obama);
and 275.7 days (Trump). and 275.7 days (Trump).
During the first two years of the Biden presidency (2021-2022), the average wait time from nomination to confirmation for district court nominees was 132.4 days. 37 31 As shown by the figure, the district court nominee who experienced the longest period of time from nomination to As shown by the figure, the district court nominee who experienced the longest period of time from nomination to
confirmation (across all seven presidencies) was Faith S. Hochberg, who waited 1,444 days, or nearly four years, to be confirmation (across all seven presidencies) was Faith S. Hochberg, who waited 1,444 days, or nearly four years, to be
confirmed after being nominated by President Clinton. The district court nominee who waited the second-longest confirmed after being nominated by President Clinton. The district court nominee who waited the second-longest
period of time from nomination to confirmation was Thomas L. Ludington, who waited 1,365 days (or approximately period of time from nomination to confirmation was Thomas L. Ludington, who waited 1,365 days (or approximately
3.7 years) to be confirmed after being nominated by President G.W. Bush. 3.7 years) to be confirmed after being nominated by President G.W. Bush.
3238 One district court nominee during the Carter presidency waited 365 or more days from nomination to confirmation, One district court nominee during the Carter presidency waited 365 or more days from nomination to confirmation,
while four nominees during the Reagan presidency waited this long. while four nominees during the Reagan presidency waited this long.
Congressional Research Service Congressional Research Service
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-~~2020~~

2022 confirmed increased further, to a high of 17, during the George W. Bush presidency. During the Obama presidency, there were 16 district court nominees who waited at least 365 days to be confirmed (which was the second highest among the seven presidencies). During the Trump presidency, 44 district court nominees waited at least 365 days from nomination to confirmation (this was the highest for the same presidencies). During the first two years of the Biden presidency (2021-2022), no district court nominee who was confirmed waited more than 365 days from nomination to confirmation. Additionally, there were no district court nominees who waited 300 or more days to be confirmed (which is the first instance, since at least 1977, of no district court nominees waiting 300 or more days to be confirmed). Overall, 5% of President Clinton’s district court nominees waited at least 365 days from nomination to confirmation, 7% of President George W. Bush’s nominees waited at least this long, 6% of President Obama’s nominees waited at least this long, and 25% of President Trump’s long, 6% of President Obama’s nominees waited at least this long, and 25% of President Trump’s
nominees waited at least 365 days to be confirmed. nominees waited at least 365 days to be confirmed.
Figure 2. U.S. District Court Nominees: Number of Days from Nomination to
to Confirmation
(1977 to (1977 to ~~2020~~2022) )

Source: Congressional Research Service. Congressional Research Service.
Notes: This figure shows the number of days from nomination to confirmation for U.S. This figure shows the number of days from nomination to confirmation for U.S. ~~district~~circuit court nominees court nominees
whose nominations were approved by the Senate from 1977 through whose nominations were approved by the Senate from 1977 through ~~2020~~2022. For each presidency, the . For each presidency, the ~~district~~circuit
court nominee who waited the longest from nomination to confirmation is labeled in the figure. court nominee who waited the longest from nomination to confirmation is labeled in the figure.
The information presented in Figure1 for the Biden presidency reflects the length of time from nomination to confirmation for nominees confirmed during the first two years of his presidency (2021-2022). Congressional Research Service 20 link to page 26 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 90 or Fewer Days from Nomination to Confirmation
During the Carter and Reagan presidencies, 157 and 234 district court nominees, respectively, During the Carter and Reagan presidencies, 157 and 234 district court nominees, respectively,
waited 90 or fewer days from nomination to confirmation. During the George H. W. Bush waited 90 or fewer days from nomination to confirmation. During the George H. W. Bush
presidency, 72 district court nominees waited 90 or fewer days to confirmation. President Clinton presidency, 72 district court nominees waited 90 or fewer days to confirmation. President Clinton
had 129 district court nominees confirmed within 90 days (i.e., within approximately three had 129 district court nominees confirmed within 90 days (i.e., within approximately three
months) of being nominated, while President George W. Bush had 41 such nominees. President months) of being nominated, while President George W. Bush had 41 such nominees. President
Obama had five district court nominees, the fewest of the seven presidencies, confirmed within Obama had five district court nominees, the fewest of the seven presidencies, confirmed within
three months of being nominated. three months of being nominated. ~~Most recently,~~ President Trump had 15 district court nominees President Trump had 15 district court nominees
confirmed within 90 or fewer days of being nominated. During the first two years of the Biden presidency (2021-2022), 16 district court nominees were confirmed within 90 or fewer days of being nominated. confirmed within 90 or fewer days of being nominated.
Overall, 78% of President Carter’s district court nominees were confirmed within 90 days of Overall, 78% of President Carter’s district court nominees were confirmed within 90 days of
being nominated. During the Reagan presidency, 81% of district court nominees were confirmed being nominated. During the Reagan presidency, 81% of district court nominees were confirmed
within 90 days of nomination, while during the George H. W. Bush presidency 49% of district within 90 days of nomination, while during the George H. W. Bush presidency 49% of district
nominees were confirmed within this time frame. nominees were confirmed within this time frame.
During the Clinton and George W. Bush presidencies, the percentage of district court nominees During the Clinton and George W. Bush presidencies, the percentage of district court nominees
approved by the Senate within 90 days declined further to 42% and 16%, respectively. During the approved by the Senate within 90 days declined further to 42% and 16%, respectively. During the
Obama presidency, the percentage of nominees confirmed in 90 or fewer days was 2% (the lowest Obama presidency, the percentage of nominees confirmed in 90 or fewer days was 2% (the lowest
~~Congressional Research Service~~
18

~~link to page 24~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~percentage of the seven presidencies), while 9% of district court nominees during the Trump~~
~~presidency were confirmed within 90 or fewer days~~percentage of the seven presidencies), while 9% of district court nominees during the Trump presidency were confirmed within 90 or fewer days. During the first two years of the Biden presidency (2021-2022), 23.5% of district court nominees who were confirmed were confirmed within 90 or fewer days of being nominated. .
By Congress
Table 8 reports the median number of days from nomination to confirmation for U.S. circuit and reports the median number of days from nomination to confirmation for U.S. circuit and
district court nominees whose nominations were approved by the Senate from the 95th Congress district court nominees whose nominations were approved by the Senate from the 95th Congress
through the through the ~~116th~~117th Congress. Congress.
Table 8. U.S. Circuit and District Court Nominees: Median Number of Days from
Nomination to Confirmation, by Congress
(95th Congress to (95th Congress to ~~116th~~117th Congress) Congress)
Circuit Court Nominees
District Court Nominees
Number Number
Median Number of Days from Median Number of Days from
Number Number
Median Number of Days from Median Number of Days from
Congress
Years
Confirmed Confirmed
Nomination to Confirmation Nomination to Confirmation
Confirmed Confirmed
Nomination to Confirmation Nomination to Confirmation
95th 95th
1977-78 1977-78
12 12
29.0 29.0
48 48
37.5 37.5
96th 96th
1979-80 1979-80
44 44
66.5 66.5
154 154
65.0 65.0
97th 97th
1981-82 1981-82
19 19
28.0 28.0
68 68
30.0 30.0
98th 98th
1983-84 1983-84
14 14
46.0 46.0
61 61
26.0 26.0
99th 99th
1985-86 1985-86
33 33
45.0 45.0
95 95
41.0 41.0
100th 100th
1987-88 1987-88
17 17
118.0 118.0
66 66
98.0 98.0
101st 101st
1989-90 1989-90
22 22
79.0 79.0
48 48
72.5 72.5
102nd 102nd
1991-92 1991-92
20 20
102.5 102.5
100 100
118.0 118.0
103rd 103rd
1993-94 1993-94
19 19
99.0 99.0
107 107
78.0 78.0
Congressional Research Service 21 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 Circuit Court Nominees District Court Nominees Number Median Number of Days from Number Median Number of Days from Congress Years Confirmed Nomination to Confirmation Confirmed Nomination to Confirmation 104th 104th
1995-96 1995-96
11 11
167.0 167.0
62 62
99.0 99.0
105th 105th
1997-98 1997-98
20 20
196.5 196.5
79 79
139.0 139.0
106th 106th
1999-2000 1999-2000
15 15
204.0 204.0
57 57
119.0 119.0
107th 107th
2001-02 2001-02
17 17
256.0 256.0
83 83
126.0 126.0
108th 108th
2003-04 2003-04
18 18
201.0 201.0
85 85
152.0 152.0
109th 109th
2005-06 2005-06
16 16
281.5 281.5
35 35
132.0 132.0
110th 110th
2007-08 2007-08
10 10
228.5 228.5
58 58
199.0 199.0
111th 111th
2009-10 2009-10
16 16
252.5 252.5
44 44
140.0 140.0
112th 112th
2011-12 2011-12
14 14
219.0 219.0
97 97
225.0 225.0
113th 113th
2013-14 2013-14
23 23
229.0 229.0
109 109
203.0 203.0
114th 114th
2015-16 2015-16
2 2
331.0 331.0
18 18
299.5 299.5
115th 115th
2017-18 2017-18
30 30
140.5 140.5
53 53
235.0 235.0
116th 116th
2019-20 2019-20
24 24
100.5 100.5
121 121
238.0 238.0
117th 2021-22 28 120.5 68 138.5 Source: Congressional Research Service. Congressional Research Service.
Note: This table shows, for the 95th Congress through the This table shows, for the 95th Congress through the ~~116th~~117th Congress, the number of U.S. circuit and Congress, the number of U.S. circuit and
district court nominees confirmed during each Congress and the median number of days from nomination to district court nominees confirmed during each Congress and the median number of days from nomination to
confirmation. confirmation.
~~Congressional Research Service~~
19

~~link to page 26~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

U.S. Circuit Court Nominees
For circuit court nominees, the median number of days from nomination to confirmation ranged For circuit court nominees, the median number of days from nomination to confirmation ranged
from a low of 28.0 days during the 97th Congress (1981-1982) to a high of 331.0 days during the from a low of 28.0 days during the 97th Congress (1981-1982) to a high of 331.0 days during the
114th Congress (2015-2016). The second-shortest median number of days from nomination to 114th Congress (2015-2016). The second-shortest median number of days from nomination to
confirmation was 29.0 days during the 95th Congress (1977-1978), while the second-highest confirmation was 29.0 days during the 95th Congress (1977-1978), while the second-highest
median number of days was 281.5 days during the 109th Congress (2005-2006). median number of days was 281.5 days during the 109th Congress (2005-2006).
The median number of days from nomination to confirmation for U.S. circuit court nominees The median number of days from nomination to confirmation for U.S. circuit court nominees
stayed above 200 days from the 106th through the 114th Congress. In contrast, for the 115th stayed above 200 days from the 106th through the 114th Congress. In contrast, for the 115th
Congress, the median number of days from nomination to confirmation (140.5 days, or 4.6 Congress, the median number of days from nomination to confirmation (140.5 days, or 4.6
months) fell below 200 days for the first time since the 105th Congress (1997-1998). Additionally, months) fell below 200 days for the first time since the 105th Congress (1997-1998). Additionally,
the median number of days from nomination to confirmation for the 24 circuit court nominees the median number of days from nomination to confirmation for the 24 circuit court nominees
approved by the Senate during the 116th Congress (i.e., 100.5 days) represented the fewest approved by the Senate during the 116th Congress (i.e., 100.5 days) represented the fewest
number of days from nomination to confirmation for circuit court nominees since the 103rd number of days from nomination to confirmation for circuit court nominees since the 103rd
Congress (1993-1994). Congress (1993-1994).
The median number of days from nomination to confirmation for circuit court nominees also remained below 200 days during the 117th Congress. This is the first instance since the 103rd, 104th, and 105th Congresses (1993-1998) that the median time from nomination to confirmation for circuit court nominees has been below 200 days for three consecutive Congresses. The relatively shorter median duration from nomination to confirmation for circuit court nominees approved during the past several Congresses with unified party control was facilitated, at least in part, by the earlier reinterpretation of Senate Rule XXII during the 113th Congress Congressional Research Service 22 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 (2013-2014) to allow cloture to be invoked on most nominations by a majority of Senators voting, a quorum being present, as well as by the change surrounding the Senate Judiciary Committee’s blue slip policy for circuit court nominees during the 115th Congress (2017-2018) and continued in subsequent Congresses. These changes generally enabled, during periods of unified party control, a majority party in the Senate to prioritize and more quickly process a President’s circuit court nominations. If the average, rather than the median, is used to measure the length of time circuit court If the average, rather than the median, is used to measure the length of time circuit court
nominees waited from nomination to confirmation, the average number of days from nomination nominees waited from nomination to confirmation, the average number of days from nomination
to confirmation ranged from a low of 32.6 days during the 95th Congress to a high of 562.9 days to confirmation ranged from a low of 32.6 days during the 95th Congress to a high of 562.9 days
during the 109th Congress.during the 109th Congress.39 Additionally, the average time from nomination to confirmation for Additionally, the average time from nomination to confirmation for
U.S. circuit court nominees U.S. circuit court nominees ~~increases~~increased by more than 30 days, relative to the median, for the 106th by more than 30 days, relative to the median, for the 106th
Congress (to 373.9 days); 105th Congress (303.1 days); 108th Congress (287.2 days); 113th Congress (to 373.9 days); 105th Congress (303.1 days); 108th Congress (287.2 days); 113th
Congress (281.2 days); and 110th Congress (268.8 days).Congress (281.2 days); and 110th Congress (268.8 days).3340
U.S. District Court Nominees
For U.S. district court nominees, the median number of days from nomination to confirmation For U.S. district court nominees, the median number of days from nomination to confirmation
ranged from a low of 26 days during the 98th Congress (1983-1984) to a high of 299.5 days ranged from a low of 26 days during the 98th Congress (1983-1984) to a high of 299.5 days
during the 114th Congress (2015-2016). The second-shortest median was 30 days during the 97th during the 114th Congress (2015-2016). The second-shortest median was 30 days during the 97th
Congress (1981-1982), while the second-longest median was 238 days during the 116th Congress Congress (1981-1982), while the second-longest median was 238 days during the 116th Congress
(2019-2020).(2019-2020).3441
The median number of days from nomination to confirmation The median number of days from nomination to confirmation for district court nominees confirmed during the 117th~~during the 116th Congress was the~~
~~fifth consecutive Congress for which the median wait time~~ Congress was 138.5 days. This was the first Congress since the 111th Congress (2009-2010) that the median number of days from nomination to confirmation for from nomination to confirmation for
district court nominees was district court nominees was ~~greater than~~below 200 days. The number of district court nominees confirmed during the 117th Congress also represents the greatest number of such nominees confirmed, when the median length of time from nomination to confirmation was below 200 days, since the 108th Congress (2003-2004). The average number of days from nomination to confirmation for U.S. district court nominees during this period ranged from a low of 32.8 days during the 97th Congress to a high of 302.1 days during the 114th Congress. The second-lowest average wait time for district court nominees occurred during the 98th Congress (37.1 days), and the second-longest average wait time occurred during the 116th Congress (284.5 days).42 39 The average length of time from nomination confirmation for circuit court nominees during the 117th Congress was 131.3 days. 40 ~~200 days. The first Congress during which the median~~
~~wait time for district court nominees exceeded 200 days was the 112th Congress (2011-2012).~~
~~By Presidency and Congress~~
~~Figure 3~~ ~~displays, by presidency and Congress, the median number of days from nomination to~~
~~confirmation for U.S. circuit and district court nominees who were confirmed during the 1977 to~~
~~2020 period.~~

33 As discussed above, the average number of days from nomination to confirmation is more greatly affected, relative to As discussed above, the average number of days from nomination to confirmation is more greatly affected, relative to
the median number of days from nomination to confirmation, by nominees during a presidency or Congress who the median number of days from nomination to confirmation, by nominees during a presidency or Congress who
experienced atypically long wait times from nomination to confirmation. The effect of these relatively long wait times experienced atypically long wait times from nomination to confirmation. The effect of these relatively long wait times
is to increase the overall average time from nomination to confirmation that is reported for all of a President’s is to increase the overall average time from nomination to confirmation that is reported for all of a President’s
nominees. nominees.
3441 The median The average number of days from nomination to confirmation number of days from nomination to confirmation ~~for U.S. district court nominees during this period~~
~~ranged from a low of 32.8 days during the 97th Congress to a high of 302.1 days during the 114th Congress. The~~
~~second-lowest average wait time for district court nominees occurred during the 98th Congress (37.1 days), and the~~
~~second-longest average wait time occurred during the 116th Congress (284.5 days).~~
~~Congressional Research Service~~
20

during the 116th Congress was the fifth consecutive Congress for which the median wait time from nomination to confirmation for district court nominees was greater than 200 days. The first Congress during which the median wait time for district court nominees exceeded 200 days was the 112th Congress (2011-2012). 42 The average number of days from nomination to confirmation for district court nominees confirmed during the 117th Congress was 132.4 days. Congressional Research Service 23 link to page 29 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-~~2020~~

2022 By Presidency and Congress Figure 3 displays, by presidency and Congress, the median number of days from nomination to confirmation for U.S. circuit and district court nominees who were confirmed during the 1977 to 2022 period (i.e., from the 95th through the 117th Congress). U.S. Circuit Court Nominees
For circuit court nominees, the five greatest increases in the number of median days from For circuit court nominees, the five greatest increases in the number of median days from
nomination to confirmation occurred during the 114th Congress (an increase of 102.0 days from nomination to confirmation occurred during the 114th Congress (an increase of 102.0 days from
the 113th Congress); the 109th Congress (an increase of 80.5 days from the 108th Congress); 100th the 113th Congress); the 109th Congress (an increase of 80.5 days from the 108th Congress); 100th
Congress (an increase of 73.0 days from the 99th Congress); 104th Congress (an increase of 68.0 Congress (an increase of 73.0 days from the 99th Congress); 104th Congress (an increase of 68.0
days from the 103rd Congress); and the 107th Congress (an increase of 52.0 days from the 106th days from the 103rd Congress); and the 107th Congress (an increase of 52.0 days from the 106th
Congress). Congress).
~~Most~~More recently, from the 114th to 115th Congress, the median number of days from nomination to recently, from the 114th to 115th Congress, the median number of days from nomination to
confirmation for U.S. circuit court nominees declined from 331.0 to 140.5 confirmation for U.S. circuit court nominees declined from 331.0 to 140.5 ~~days35~~days43 and declined and declined
further from the 115th to 116th Congress, from 140.5 to 100.5 days. further from the 115th to 116th Congress, from 140.5 to 100.5 days.
The median number of days from nomination to confirmation for circuit court nominees increased by 20 days from 100.5 days during the 116th Congress to 120.5 days during the 117th Congress (but, as discussed above, remained below the median of 200 days characteristic of more recent Congresses). Figure 3. U.S. Circuit and District Court Nominees: Median Number of Days from
Nomination to Confirmation, by Presidency and Congress
(1977 to (1977 to ~~2020~~2022) )

Source: Congressional Research Service. Congressional Research Service.
Note: This figure shows the median number of days from nomination to confirmation for U.S. circuit and This figure shows the median number of days from nomination to confirmation for U.S. circuit and
district court nominees from the 95th Congress (Carter presidency) through the district court nominees from the 95th Congress (Carter presidency) through the ~~116th~~117th Congress ( Congress (~~Trump~~
~~presidency).~~the first two years of the Biden presidency). 43 This was, for this period, the greatest decline in the median number of days from nomination to confirmation for circuit court nominees during two consecutive Congresses. Congressional Research Service 24 link to page 31 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
U.S. District Court Nominees
For district court nominees, the five greatest increases in the number of median days from For district court nominees, the five greatest increases in the number of median days from
nomination to confirmation occurred during the 114th Congress (an increase of 96.5 days from the nomination to confirmation occurred during the 114th Congress (an increase of 96.5 days from the
113th Congress); 112th Congress (an increase of 85.0 days from the 111th Congress); 110th 113th Congress); 112th Congress (an increase of 85.0 days from the 111th Congress); 110th
Congress (an increase of 67.0 days from the 109th Congress); 100th Congress (an increase of 57.0 Congress (an increase of 67.0 days from the 109th Congress); 100th Congress (an increase of 57.0
days from the 99th Congress); and the 102nd Congress (an increase of 45.5 days from the 101st days from the 99th Congress); and the 102nd Congress (an increase of 45.5 days from the 101st
Congress). Congress).

~~35 This was, for this period, the greatest decline in~~ More recently, from the 114th to 115th Congress, the median number of days from nomination to the median number of days from nomination to confirmation for U.S. district court nominees declined from 299.5 to 235.0 days44 and increased slightly, from 235.0 to 238.0 days, during the 116th Congress. During the 117th Congress, the median time from nomination to confirmation for district court nominees was 138.5 days—a decline of nearly 100 days (or 3.3 months) from the median number of days of 238.0 days during the 116th Congress. This decline in~~confirmation for~~
~~circuit court nominees during two consecutive Congresses.~~
~~Congressional Research Service~~
21

~~link to page 28~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~Most recently, from the 114th to 115th Congress,~~ the median number of days from nomination to the median number of days from nomination to
~~confirmation for U.S. district court nominees declined from 299.5 to 235.0 days36 and increased~~
~~slightly, from 235.0 to 238.0 days, during the 116th Congress~~confirmation from the 116th Congress to 117th Congress represents, since the 95th Congress (1977-1978), the greatest decrease in the median number of days from nomination to confirmation for district court nominees from any Congress to the immediate subsequent one. .
Time from Nomination to Committee Hearing
The President customarily transmits a circuit or district court nomination to the Senate in the form The President customarily transmits a circuit or district court nomination to the Senate in the form
of a written nomination message. Once received, the nomination is numbered by the Senate of a written nomination message. Once received, the nomination is numbered by the Senate
executive clerk, read on the floor, and then immediately referred to the Judiciary Committee.executive clerk, read on the floor, and then immediately referred to the Judiciary Committee.3745
The Judiciary Committee’s processing of the nomination typically consists of three phases—a The Judiciary Committee’s processing of the nomination typically consists of three phases—a
prehearing phase, the holding of a hearing on the nomination, and voting on whether to report the prehearing phase, the holding of a hearing on the nomination, and voting on whether to report the
nomination to the Senate.nomination to the Senate.3846 During a hearing on the nomination, lower court nominees engage in During a hearing on the nomination, lower court nominees engage in
a question-and-answer session with members of the Senate Judiciary Committee. The hearing a question-and-answer session with members of the Senate Judiciary Committee. The hearing
typically is held for more than one judicial nominee at a time. typically is held for more than one judicial nominee at a time.
As shown i As shown in Table 9, the median length of time from nomination to committee hearing for circuit the median length of time from nomination to committee hearing for circuit
and district court nominees has varied across presidencies.and district court nominees has varied across presidencies.3947 For individuals nominated during For individuals nominated during
more recent presidencies (with the exception of the Trump presidency), the length of time from more recent presidencies (with the exception of the Trump presidency), the length of time from
~~nomination to committee hearing has been relatively longer than the median for all nominees~~
~~from 1977 through 2020.~~
~~U.S. Circuit Court Nominees~~
~~Overall, from 1977 through 2020, the median length of time from when an individual was first~~
~~nominated to a circuit court judgeship to when he or she received a hearing by the Judiciary~~
~~Committee was 58.0 days (or 1.9 months).40~~
~~By presidency, the median number of days from nomination to committee hearing for U.S. circuit~~
~~court nominees ranged from a low of 23.0 days (during the Reagan presidency) to a high of 145.0~~

36 44 This was, for this period, the greatest decline in the median number of days from nomination to confirmation for This was, for this period, the greatest decline in the median number of days from nomination to confirmation for
district court nominees during two consecutive Congresses. district court nominees during two consecutive Congresses.
3745 The nomination is referred to the Judiciary Committee in conformance with two Senate rules—specifically Rule The nomination is referred to the Judiciary Committee in conformance with two Senate rules—specifically Rule
XXXI, which provides that nominations shall be referred to appropriate committees “unless otherwise ordered,” and XXXI, which provides that nominations shall be referred to appropriate committees “unless otherwise ordered,” and
Rule XXV, paragraph 2(m), which outlines the jurisdiction of the Judiciary Committee. See CRS Report RL31980, Rule XXV, paragraph 2(m), which outlines the jurisdiction of the Judiciary Committee. See CRS Report RL31980,
Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki (under , by Elizabeth Rybicki (under
heading “Receipt and Referral”). heading “Receipt and Referral”).
Senate rules also permit the Senate to discharge the Judiciary Committee from a nomination by unanimous consent or Senate rules also permit the Senate to discharge the Judiciary Committee from a nomination by unanimous consent or
by motion or resolution (although CRS has found no instances, at least going back to the early 1940s, of the Judiciary by motion or resolution (although CRS has found no instances, at least going back to the early 1940s, of the Judiciary
Committee being discharged of a circuit or district court nomination). For further discussion of this issue, see CRS Committee being discharged of a circuit or district court nomination). For further discussion of this issue, see CRS
Report R43762, Report R43762, The Appointment Process for U.S. Circuit and District Court Nominations: An Overview, by Barry J. , by Barry J.
McMillion. McMillion.
3846 For additional discussion of these three phases, see CRS Report R43762, For additional discussion of these three phases, see CRS Report R43762, The Appointment Process for U.S. Circuit
and District Court Nominations: An Overview, by Barry J. McMillion. , by Barry J. McMillion.
3947 The median length of time has also varied by Congress. These data are not reported for this particular section of the The median length of time has also varied by Congress. These data are not reported for this particular section of the
report but are available to congressional staff upon request from the author. report but are available to congressional staff upon request from the author.
~~40 Overall, from 1977 through 2020, the average length of time from nomination to committee hearing for U.S. circuit~~
~~court nominees was 100.5 days. For the relatively rare instance when a circuit court nominee had more than one~~
~~hearing (during the same presidency), the nominee’s first hearing date is used to calculate the length of time from his or~~
~~her nomination date to his or her committee hearing—and it is this calculation that is used to determine the average and~~
~~median for all nominees.~~
~~Congressional Research Service~~
22

~~link to page 28~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~days (during the George W. Bush presidency).41 For the most recent presidency included in the~~
~~analysis (i.e.,~~ Congressional Research Service 25 link to page 31 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 nomination to committee hearing has been relatively longer than the median for all nominees from 1977 through 2020. U.S. Circuit Court Nominees Overall, from 1977 through 2020, the median length of time from when an individual was first nominated to a circuit court judgeship to when he or she received a hearing by the Judiciary Committee was 58.0 days (or 1.9 months).48 By completed presidency, the median number of days from nomination to committee hearing for U.S. circuit court nominees ranged from a low of 23.0 days (during the Reagan presidency) to a high of 145.0 days (during the George W. Bush presidency).49 For the most recent completed presidency included in Table 9 (the Trump presidency), the median number of days from nomination to committee the Trump presidency), the median number of days from nomination to committee
hearing for U.S. circuit court nominees was 55hearing for U.S. circuit court nominees was 55.0 days. The median number of days from nomination to committee hearing for circuit court nominees who received a committee hearing during the first two years of the Biden presidency (2021-2022) was 33.0 days. days.
Table 9. U.S. Circuit and District Court Nominees: Median Number of Days from
Nomination to Committee Hearing
(1977- (1977-~~2020~~2022) )
Circuit Court Nominees
District Court Nominees
Median Number of Days Median Number of Days
Median Number of Days from Median Number of Days from
President
from Nomination to Hearing from Nomination to Hearing
Nomination to Hearing Nomination to Hearing
Carter Carter
39.0 39.0
38.0 38.0
Reagan Reagan
23.0 23.0
22.0 22.0
G.H.W. Bush G.H.W. Bush
65.5 65.5
65.0 65.0
Clinton Clinton
91.0 91.0
68.0 68.0
G.W. Bush G.W. Bush
145.0 145.0
86.0 86.0
Obama Obama
76.0 76.0
78.0 78.0
Trump Trump
55.0 55.0
65.0 65.0
Source: Congressional Research Service.
Note: This table shows, by presidency, the median number of days from nomination to hearing for U.S. circuit
~~and district court nominees from 1977 through 2020.~~
~~U.S. District Court Nominees~~
~~During this same period, the median length of time from when an individual was nominated to a~~
~~district court judgeship to when he or she received a hearing was 62.0 days (or approximately 2~~
~~months).42~~
~~The median number of days from nomination to committee hearing for U.S. district court~~
~~nominees ranged from a low of 22.0 days (during the Reagan presidency) to a high of 86.0 days~~
~~(during the George W. Bush presidency).43~~

41 48 Overall, from 1977 through 2020, the average length of time from nomination to committee hearing for U.S. circuit court nominees was 100.5 days. For the relatively rare instance when a circuit court nominee had more than one hearing (during the same presidency), the nominee’s first hearing date is used to calculate the length of time from his or her nomination date to his or her committee hearing—and it is this calculation that is used to determine the average and median for all nominees. 49 The data provided in The data provided in Table 9 include all nominees who received a hearing by the Judiciary Committee (including include all nominees who received a hearing by the Judiciary Committee (including
nominees whose nominations were not eventually approved by the Senate). For the seven nominees whose nominations were not eventually approved by the Senate). For the seven ~~presidencies~~completed presidencies included in the table, the , the average
number of days from nomination to committee hearing for U.S. circuit court nominees ranged from a low of 42.3 days number of days from nomination to committee hearing for U.S. circuit court nominees ranged from a low of 42.3 days
during the Carter presidency to a high of 246.8 days during the G.W. Bush presidency. The second-shortest average during the Carter presidency to a high of 246.8 days during the G.W. Bush presidency. The second-shortest average
wait time from nomination to hearing for circuit court nominees was during the Reagan presidency (43.1 days), while wait time from nomination to hearing for circuit court nominees was during the Reagan presidency (43.1 days), while
the second-longest was during the Clinton presidency (120.2 days). During the most recent the second-longest was during the Clinton presidency (120.2 days). During the most recent completed presidency (presidency (~~i.e.,~~ the Trump the Trump
presidency), the average number of days from nomination to committee hearing for U.S. circuit court nominees was presidency), the average number of days from nomination to committee hearing for U.S. circuit court nominees was
66.6 days.66.6 days.
42 The average number of days from nomination to committee hearing for circuit court nominees who received a hearing during the first two years of the Biden presidency (2021-2022) was 38.0 days. Congressional Research Service 26 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 Circuit Court Nominees District Court Nominees Median Number of Days Median Number of Days from President from Nomination to Hearing Nomination to Hearing Biden 33.0 48.0 Source: Congressional Research Service. Note: This table shows, by presidency, the median number of days from nomination to hearing for U.S. circuit and district court nominees from 1977 through 2022. The statistics presented in Table 9 for the Biden presidency reflect the length of time from nomination to committee hearing for circuit and district court nominees who received a hearing during the first two years of his presidency. U.S. District Court Nominees During this same period, the median length of time from when an individual was nominated to a district court judgeship to when he or she received a hearing was 62.0 days (or approximately 2 months).50 For completed presidencies, the median number of days from nomination to committee hearing for U.S. district court nominees ranged from a low of 22.0 days (during the Reagan presidency) to a high of 86.0 days (during the George W. Bush presidency).51 The median number of days from nomination to committee hearing for district court nominees who received a committee hearing during the first two years of the Biden presidency (2021-2022) was 48.0 days. Time from Committee Report to Confirmation After a nominee receives a hearing by the Judiciary Committee, she awaits a vote by the committee on whether her nomination will be reported to the Senate as a whole.52 If the 50 Overall, from 1977 through 2020, the Overall, from 1977 through 2020, the average length of time from nomination to committee hearing for U.S. district length of time from nomination to committee hearing for U.S. district
court nominees was 80.7 days. For the relatively rare instance when a district court nominee had more than one hearing court nominees was 80.7 days. For the relatively rare instance when a district court nominee had more than one hearing
(during the same presidency), the nominee’s first hearing date is used to calculate the length of time from his or her (during the same presidency), the nominee’s first hearing date is used to calculate the length of time from his or her
nomination date to his or her committee hearing—and it is this calculation that is used to determine the average and nomination date to his or her committee hearing—and it is this calculation that is used to determine the average and
median for all nominees. median for all nominees.
4351 For the seven For the seven ~~presidencies~~completed presidencies included in the table, the , the average number of days from nomination to committee hearing for U.S. district court number of days from nomination to committee hearing for U.S. district court
nominees ranged from a low of 43.2 days during the Reagan presidency to a high of 119.8 days during the G.W. Bush nominees ranged from a low of 43.2 days during the Reagan presidency to a high of 119.8 days during the G.W. Bush
presidency. The second-shortest average wait time from nomination to hearing for district court nominees was during presidency. The second-shortest average wait time from nomination to hearing for district court nominees was during
the Carter presidency (50.7 days), while the second-longest was during the Carter presidency (50.7 days), while the second-longest was during the Clinton presidency (96.6 days). During the most recent completed presidency (the Trump presidency), the average length from nomination to committee hearing for district court nominees was 73.7 days. The average number of days from nomination to committee hearing for district court nominees who received a hearing during the first two years of the Biden presidency (2021-2022) was 56.3 days. 52 Under Senate rules, a judicial nomination pending in the Judiciary Committee could also reach the Senate floor without being reported out of committee—if the Senate agreed to discharge the committee from consideration of the nomination. Prior to the 117th Congress, the Senate did not, in practice, “employ a discharge procedure in relation to nominations, except in agreeing to unanimous consent to discharge a committee from consideration of a noncontroversial nomination.” CRS Report R43331, Majority Cloture for Nominations: Implications and the “Nuclear” Proceedings of November 21, 2013, by Valerie Heitshusen (footnote to text under heading “Other Potential Effects on Presidential Nominations”). In the 117th Congress, however, Senate membership was evenly divided between the two political parties, with 50 Republicans, 48 Democrats, and 2 Independents who caucused with the Democrats. Consequently, the Senate created a temporary process to allow a Senate majority to discharge a committee from consideration of certain nominations. For additional details about the discharge process in place during the 117th Congressional Research Service 27 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 ~~the Clinton presidency (96.6 days). During the~~
~~Congressional Research Service~~
23

~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~Time from Committee Report to Confirmation~~
~~After a nominee receives a hearing by the Judiciary Committee, she awaits a vote by the~~
~~committee on whether her nomination will be reported to the Senate as a whole.44 If the~~
nomination is not put to the committee for a vote, or if the committee votes against reporting it nomination is not put to the committee for a vote, or if the committee votes against reporting it
(i.e., rejects the nomination),(i.e., rejects the nomination),4553 the nomination will not move forward, ultimately failing to receive the nomination will not move forward, ultimately failing to receive
Senate confirmation. Senate confirmation.
The committee, in reporting a nomination to the Senate as a whole, has three options—to report a The committee, in reporting a nomination to the Senate as a whole, has three options—to report a
nomination favorably, unfavorably, or without recommendation. Almost always, when the nomination favorably, unfavorably, or without recommendation. Almost always, when the
committee votes on a nomination, it votes to report favorably. The committee, however, may vote committee votes on a nomination, it votes to report favorably. The committee, however, may vote
(as it has done in the past, but only on rare occasions) to report unfavorably or without (as it has done in the past, but only on rare occasions) to report unfavorably or without
recommendation.recommendation.4654 Such a vote advances the nomination for Senate consideration despite the lack Such a vote advances the nomination for Senate consideration despite the lack
of majority support for it in committee. After it is reported by the Judiciary Committee, a circuit of majority support for it in committee. After it is reported by the Judiciary Committee, a circuit
or district court nomination is listed on the or district court nomination is listed on the Executive Calendar and is eligible for floor and is eligible for floor
consideration.consideration.4755
The nominees who are included in this part of the analysis all had their nominations reported by The nominees who are included in this part of the analysis all had their nominations reported by
the Judiciary Committee (i.e., their nominations advanced to the full Senate for consideration) the Judiciary Committee (i.e., their nominations advanced to the full Senate for consideration)
and were confirmed by the Senate.and were confirmed by the Senate.48

~~most recent presidency (i.e., the Trump presidency), the average length from nomination to committee hearing for~~
~~district court nominees was 73.7 days.~~
~~44 Under Senate rules, a judicial nomination pending in the Judiciary Committee could also reach the Senate floor~~
~~without being reported out of committee—if the Senate agreed to discharge the committee from consideration of the~~
~~nomination. A CRS report explains that, under Senate Rule XVII, a Senator is allowed “to submit a motion or~~
~~resolution to discharge a committee from consideration of a nomination. Such a motion or resolution would itself be~~
~~subject to debate and potentially to a cloture process. The Senate does not, in current practice, employ a discharge~~
~~procedure in relation to nominations, except in agreeing to unanimous consent to discharge a committee from~~
~~consideration of a noncontroversial nomination.” CRS Report R43331,~~ ~~Majority Cloture for Nominations: Implications~~
~~and the “Nuclear” Proceedings of November 21, 2013, by Valerie Heitshusen (footnote to text under heading “Other~~
~~Potential Effects on Presidential Nominations”).~~
~~According to another CRS report, it is “fairly common for committees to be discharged from noncontroversial~~
~~nominations by unanimous consent, with the support of the committee, as a means of simplifying the process.” CRS~~
~~Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth~~
~~Rybicki (under heading “Reporting”).~~
~~Nonetheless, in a database search of judicial nominations dating back to the mid-1940s, CRS research has identified no~~
~~instances in which the Senate has discharged the Judiciary Committee of a judicial nomination.~~
4556 U.S. Circuit Court Nominees There was variation across presidencies in how long circuit court nominees waited to be confirmed once their nominations were reported by the Judiciary Committee—with nominees during more recent presidencies waiting longer to be confirmed once their nominations were reported by the committee.57 Specifically, for the seven completed presidencies during this period, the median number of days from committee report to confirmation for U.S. circuit court nominees ranged from a low of a single day (during the George H. W. Bush presidency) to a high of 98.0 days (during the Obama Congress, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki (specifically the section titled “Discharging a Committee from Consideration of a Nomination”). During the 117th Congress, four judicial nominations were placed on the Executive Calendar as a result of a majority of the Senate agreeing to a motion to discharge the nominations from the Judiciary Committee. For the purpose of calculating the statistics presented in this section for the first two years of the Biden presidency (2021-2022), the date the Senate voted to discharge the nomination from committee is considered the “committee report” date (rather than the date the Judiciary Committee failed to report the nomination). 53 Usually, a judicial nominee rejected by the Judiciary Committee is not nominated again by the President. However, Usually, a judicial nominee rejected by the Judiciary Committee is not nominated again by the President. However,
in some instances, a President has waited until a subsequent Congress to renominate, in the hope of a more favorable in some instances, a President has waited until a subsequent Congress to renominate, in the hope of a more favorable
outcome in committee for the previously rejected nominee. outcome in committee for the previously rejected nominee.
4654 The most recent example of the Judiciary Committee voting to report a judicial nomination other than favorably The most recent example of the Judiciary Committee voting to report a judicial nomination other than favorably
occurred on May 1, 2003. The committee that day approved, by a 10-9 roll call vote, a motion to report without occurred on May 1, 2003. The committee that day approved, by a 10-9 roll call vote, a motion to report without
recommendation the nomination of J. Leon Holmes to the U.S. District Court for the Eastern District of Arkansas. recommendation the nomination of J. Leon Holmes to the U.S. District Court for the Eastern District of Arkansas.
Subsequently, on July 6, 2004, the Senate confirmed the nomination by a 51-46 vote. For discussion of this and earlier Subsequently, on July 6, 2004, the Senate confirmed the nomination by a 51-46 vote. For discussion of this and earlier
instances of lower court nominations reported by the Judiciary Committee other than favorably, see CRS Report instances of lower court nominations reported by the Judiciary Committee other than favorably, see CRS Report
R40470, R40470, U.S. Circuit and District Court Nominations: Senate Rejections and Committee Votes Other Than to Report
Favorably, 1939-2013, by Barry J. McMillion. , by Barry J. McMillion.
4755 For an in-depth discussion of the floor procedure related to judicial nominations, see CRS Report RL31980, For an in-depth discussion of the floor procedure related to judicial nominations, see CRS Report RL31980, Senate
Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki; and CRS Report , by Elizabeth Rybicki; and CRS Report
R43762, R43762, The Appointment Process for U.S. Circuit and District Court Nominations: An Overview, by Barry J. , by Barry J.
McMillion. McMillion.
4856 Note, though, that not all nominees who are reported by the Senate Judiciary Committee are ultimately confirmed by Note, though, that not all nominees who are reported by the Senate Judiciary Committee are ultimately confirmed by
~~Congressional Research Service~~
24

~~link to page 30~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~U.S. Circuit Court Nominees~~
~~Overall, from 1977 through 2020, the median length of time from when a U.S. circuit court~~
~~nominee had his nomination reported by the Judiciary Committee to when he was confirmed by~~
~~the Senate was 12.0 days.49~~
~~There was variation across presidencies in how long circuit court nominees waited to be~~
~~confirmed once their nominations were reported by the Judiciary Committee—with nominees~~
~~during more recent presidencies waiting longer to be confirmed once their nominations were~~
~~reported by the committee.50 Specifically, for presidencies during this period~~the Senate. 57 The median length of time has also varied by Congress. These data are not reported for this particular section of the report but are available to congressional staff upon request from the author. Congressional Research Service 28 link to page 34 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 presidency).58 For the most recent completed presidency included in the table (the Trump presidency), the median number , the median number
of days from committee report to confirmation for U.S. circuit of days from committee report to confirmation for U.S. circuit court nominees was 25.0 days. The median number of days from committee report to confirmation for circuit court nominees who were confirmed during the first two years of the Biden presidency (2021-2022) was 57.5 ~~court nominees ranged from a low~~
~~of a single day (during the George H. W. Bush presidency) to a high of 98.0 days (during the~~
~~Obama presidency).51 For the most recent presidency included in the analysis (i.e., the Trump~~
~~presidency), the median number of days from committee report to confirmation for U.S. circuit~~
~~court nominees was 25.0~~ days. days.
Table 10. U.S. Circuit and District Court Nominees: Median Number of Days from
Committee Report to Confirmation
(1977- (1977-~~2020~~2022) )
Circuit Court Nominees
District Court Nominees
Median Number of Days from Median Number of Days from
Median Number of Days from Median Number of Days from
Committee Report to Committee Report to
Committee Report to Committee Report to
President
Confirmation Confirmation
Confirmation Confirmation
Carter Carter
2.0 2.0
2.0 2.0
Reagan Reagan
4.0 4.0
4.0 4.0
G.H.W. Bush G.H.W. Bush
1.0 1.0
1.0 1.0
Clinton Clinton
13.0 13.0
8.0 8.0
G.W. Bush G.W. Bush
14.0 14.0
19.0 19.0
Obama Obama
98.0 98.0
84.0 84.0
Trump Trump
25.0 25.0
110.0 110.0
Biden 57.5 50.5 Source: Congressional Research Service. Congressional Research Service.
Note: This table shows, by presidency, the median number of days from committee report to confirmation for This table shows, by presidency, the median number of days from committee report to confirmation for
U.S. circuit and district court nominees from 1977 through U.S. circuit and district court nominees from 1977 through ~~2020.~~

~~the Senate.~~
~~49 Overall, from 1977 through 2020, the average length of time from committee report to confirmation for U.S. circuit~~
~~court nominees was 32.3 days.~~
~~50 The median length of time has also varied by Congress. These data are not reported for this particular section of the~~
~~report but are available to congressional staff upon request from the author.~~
512022. The statistics presented in Table 10 for the Biden presidency reflect the length of time from committee report to confirmation for circuit and district court nominees who were confirmed during the first two years of his presidency (2021-2022). U.S. District Court Nominees As was the case with circuit court nominees, there was variation across presidencies in how long district court nominees waited to be confirmed once their nominations were reported by the Judiciary Committee.59 Specifically, for the seven completed presidencies included in Table 10, the median number of days from committee report to confirmation for U.S. district court 58 The data provided in The data provided in Table 10 include all nominees whose nominations were reported by the Judiciary Committee include all nominees whose nominations were reported by the Judiciary Committee
and confirmed by the Senate. For the seven and confirmed by the Senate. For the seven ~~presidencies~~completed presidencies included in the table, the , the average number of days from committee report to number of days from committee report to
confirmation for U.S. circuit court nominees ranged from a low of 4.9 days during the Carter presidency to a high of confirmation for U.S. circuit court nominees ranged from a low of 4.9 days during the Carter presidency to a high of
104.4 days during the Obama presidency. The second-shortest average wait time from committee report to 104.4 days during the Obama presidency. The second-shortest average wait time from committee report to
confirmation for circuit court nominees was during the G.H.W. Bush presidency (7.8 days), while the second-longest confirmation for circuit court nominees was during the G.H.W. Bush presidency (7.8 days), while the second-longest
was during the Clinton presidency (39.0 days). During the most recent was during the Clinton presidency (39.0 days). During the most recent completed presidency (presidency (~~i.e.,~~ the Trump presidency), the the Trump presidency), the
average number of days from committee report to confirmation for U.S. circuit court nominees was 29.5 days.average number of days from committee report to confirmation for U.S. circuit court nominees was 29.5 days.
~~Congressional Research Service~~
25

~~link to page 30~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~U.S. District Court Nominees~~
~~Overall, from 1977 through 2020, the median length of time from when a U.S. district court~~
~~nominee had his nomination reported by the Judiciary Committee to when he was confirmed by~~
~~the Senate was 12.0 days.52~~
~~As was the case with circuit court nominees, there was variation across presidencies in how long~~
~~district court nominees waited to be confirmed once their nominations were reported by the~~
~~Judiciary Committee.53 Specifically, for presidencies during this period, the~~ The average number of days from committee report to confirmation for circuit court nominees confirmed during the first two years of the Biden presidency (2021-2022) was 63.8 days. 59 The median length of time has also varied by Congress. These data are not reported for this particular section of the report but are available to congressional staff upon request from the author. Congressional Research Service 29 link to page 34 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 nominees ranged from a low of a single day (during the George H. W. Bush presidency) to a high of 110.0 days (during the Trump presidency).60 The median number of median number of
days from committee report to confirmation for days from committee report to confirmation for ~~U.S. district court nominees ranged from a low of~~
~~a single day (during the George H. W. Bush presidency) to a high of 110.0 days (during the~~
~~Trump presidency).54~~circuit court nominees who were confirmed during the first two years of the Biden presidency (2021-2022) was 50.5 days.
Ratings by the American Bar Association for
Confirmed Nominees
Since 1953, every presidential Administration, except those of George W. Bush, Donald Trump, Since 1953, every presidential Administration, except those of George W. Bush, Donald Trump,
and Joe Biden, has sought prenomination evaluations of its candidates for district and circuit and Joe Biden, has sought prenomination evaluations of its candidates for district and circuit
court judgeships by the American Bar Association (ABA).court judgeships by the American Bar Association (ABA).5561
The committee that performs this evaluation, the ABA’s Standing Committee on the Federal The committee that performs this evaluation, the ABA’s Standing Committee on the Federal
Judiciary, is made up of 15 lawyers with various professional experiences. The stated objective of Judiciary, is made up of 15 lawyers with various professional experiences. The stated objective of
the committee is to assist the White House in assessing whether prospective judicial nominees the committee is to assist the White House in assessing whether prospective judicial nominees
should be nominated.should be nominated.5662 It seeks to do so by providing what it describes as an “impartial peer- It seeks to do so by providing what it describes as an “impartial peer-

~~52 Overall, from 1977 through 2020, the average length of time from committee report to confirmation for U.S. circuit~~
~~court nominees was 37.8 days.~~
~~53 The median length of time has also varied by Congress. These data are not reported for this particular section of the~~
~~report but are available to congressional staff upon request from the author.~~
54review evaluation” of each candidate’s professional qualifications. This evaluation, according to the committee, focuses strictly on a candidate’s “integrity, professional competence and judicial temperament” and does not take into account the candidate’s “philosophy, political affiliation or ideology.”63 In evaluating professional competence, the committee assesses the prospective nominee’s “intellectual capacity, judgment, writing and analytical abilities, knowledge of the law, and breadth of professional experience.”64 60 The data provided in The data provided in Table 10 include all nominees whose nominations were reported by the Judiciary Committee include all nominees whose nominations were reported by the Judiciary Committee
and confirmed by the Senate. For the seven and confirmed by the Senate. For the seven ~~presidencies~~completed presidencies included in the table, the , the average number of days from committee report to number of days from committee report to
confirmation for U.S. district court nominees ranged from a low of 4.4 days during the Carter presidency to a high of confirmation for U.S. district court nominees ranged from a low of 4.4 days during the Carter presidency to a high of
112.0 days during the Trump presidency. The second-shortest average wait time from committee report to confirmation 112.0 days during the Trump presidency. The second-shortest average wait time from committee report to confirmation
for district court nominees was during the G.H.W. Bush presidency (4.6 days), while the second longest was during the for district court nominees was during the G.H.W. Bush presidency (4.6 days), while the second longest was during the
~~Obama presidency (89.8 days).~~
55Obama presidency (89.8 days). The average number of days from committee report to confirmation for district court nominees confirmed during the first two years of the Biden presidency (2021-2022) was 52.5 days. 61 In 2009, the Obama Administration reinstituted the White House practice, discontinued by the previous In 2009, the Obama Administration reinstituted the White House practice, discontinued by the previous
Administration of George W. Bush, of informing the ABA committee of judicial candidates under consideration and Administration of George W. Bush, of informing the ABA committee of judicial candidates under consideration and
seeking the committee’s evaluation of these candidates before making nomination decisions. Bringing the ABA seeking the committee’s evaluation of these candidates before making nomination decisions. Bringing the ABA
committee investigation back into the prenomination stage, one scholar noted, injected into that stage an “additional 30 committee investigation back into the prenomination stage, one scholar noted, injected into that stage an “additional 30
to 45 days typically consumed” by an ABA committee investigation of a nominee. Russell Wheeler, “Judicial to 45 days typically consumed” by an ABA committee investigation of a nominee. Russell Wheeler, “Judicial
Nominations in the First 14 Months of the Obama and Bush Administrations,” Nominations in the First 14 Months of the Obama and Bush Administrations,” Governance Studies at Brookings, April , April
7, 2010, at https://www.brookings.edu/wp-content/uploads/2016/06/0407_judicial_nominations_wheeler.pdf. 7, 2010, at https://www.brookings.edu/wp-content/uploads/2016/06/0407_judicial_nominations_wheeler.pdf.
Following the end of the Obama presidency, the Trump Administration adopted the policy of the G.W. Bush Following the end of the Obama presidency, the Trump Administration adopted the policy of the G.W. Bush
Administration of not including the ABA committee investigation in the prenomination stage for judicial nominees. It Administration of not including the ABA committee investigation in the prenomination stage for judicial nominees. It
was announced at the beginning of the Biden presidency that his Administration would also not include the ABA was announced at the beginning of the Biden presidency that his Administration would also not include the ABA
investigation in the prenomination stage. See Debra Cassens Weiss, “Like Trump, Biden asks ABA to start judicial investigation in the prenomination stage. See Debra Cassens Weiss, “Like Trump, Biden asks ABA to start judicial
ratings process after nominations are made,” ratings process after nominations are made,” ABA Journal, February 3, 2021, at https://www.abajournal.com/news/, February 3, 2021, at https://www.abajournal.com/news/
article/like-trump-biden-asks-aba-to-start-judicial-ratings-process-after-nominations-are-made. article/like-trump-biden-asks-aba-to-start-judicial-ratings-process-after-nominations-are-made.
5662 The ABA committee’s explanation of its role and the standards and procedures it uses in rating candidates for lower The ABA committee’s explanation of its role and the standards and procedures it uses in rating candidates for lower
federal court judgeships is presented in the booklet federal court judgeships is presented in the booklet American Bar Association Standing Committee on the Federal
Judiciary; What It Is and How It Works, at http://www.americanbar.org/content/dam/aba/uncategorized/GAO/, at http://www.americanbar.org/content/dam/aba/uncategorized/GAO/
Backgrounder.authcheckdam.pdf (hereinafter cited as Backgrounder.authcheckdam.pdf (hereinafter cited as ABA Standing Committee; What It Is). .
63 ABA Standing Committee; What It Is, p. 1. 64 ABA Standing Committee; What It Is, p. 1. Congressional Research Service Congressional Research Service
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link to page link to page 3336 link to page 37 link to page link to page 3336 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-~~2020~~

~~review evaluation” of each candidate’s professional qualifications. This evaluation, according to~~
~~the committee, focuses strictly on a candidate’s “integrity, professional competence and judicial~~
~~temperament” and does not take into account the candidate’s “philosophy, political affiliation or~~
~~ideology.”57 In evaluating professional competence, the committee assesses the prospective~~
~~nominee’s “intellectual capacity, judgment, writing and analytical abilities, knowledge of the law,~~
~~and breadth of professional experience.”58~~
2022 Following the multistep evaluation process by the committee,Following the multistep evaluation process by the committee,5965 a nominee is given an official a nominee is given an official
rating of “well qualified,” “qualified,” or “not qualified.”rating of “well qualified,” “qualified,” or “not qualified.”60 66 A rating is provided strictly on an A rating is provided strictly on an
advisory basis; it is solely in the President’s discretion as to how much weight to place on a advisory basis; it is solely in the President’s discretion as to how much weight to place on a
judicial candidate’s ABA rating in deciding whether to nominate him or her.judicial candidate’s ABA rating in deciding whether to nominate him or her.6167
U.S. Circuit Court Nominees
As shown byAs shown by Table 11, for each of the seven for each of the seven ~~presidencies~~completed presidencies and for the first two years of the Biden presidency (2021-2022), a majority of a President’s circuit court , a majority of a President’s circuit court
nominees received a well qualified rating from the ABA. There is, however, some variation nominees received a well qualified rating from the ABA. There is, however, some variation
across presidencies in the percentage of confirmed U.S. circuit court nominees who received a across presidencies in the percentage of confirmed U.S. circuit court nominees who received a
particular rating by the ABA. For example, the percentage who received a well qualified rating particular rating by the ABA. For example, the percentage who received a well qualified rating
ranged from a low of 56.6% during the Reagan presidency to a high of 80.0% during the Obama ranged from a low of 56.6% during the Reagan presidency to a high of 80.0% during the Obama
~~presidency.~~
~~Six of the seven~~ presidency. For circuit court nominees confirmed during the first two years of the Biden presidency (2021-2022), 78.6% were rated as well qualified and 21.4% as qualified. Six of the seven completed presidencies listed in the table had no U.S. circuit court nominees rated as not presidencies listed in the table had no U.S. circuit court nominees rated as not
qualified by the ABA. qualified by the ABA. ~~Most recently~~In contrast, the Trump presidency had three circuit court nominees rated , the Trump presidency had three circuit court nominees rated
as not qualified.as not qualified.62

~~57 ABA Standing Committee; What It Is, p. 1.~~
~~58 ABA Standing Committee; What It Is, p. 1.~~
5968 Table 11. U.S. Circuit and District Court Nominees: Official Ratings by the American Bar Association for Nominees Confirmed by the Senate (1977-2022) Circuit Court Nominees District Court Nominees Well President Well Qualified Qualified Not Qualified Qualified Qualified Not Qualified Cartera 75.0% 25.0% n/a 51.0% 47.5% 1.5% Reagan 56.6% 43.4% n/a 53.8% 46.2% n/a 65 For an in-depth discussion of this process, see CRS Report R43762, For an in-depth discussion of this process, see CRS Report R43762, The Appointment Process for U.S. Circuit and
District Court Nominations: An Overview, by Barry J. McMillion. , by Barry J. McMillion.
6066 When the committee vote is not unanimous, it is noted which rating received a majority of the committee’s votes and When the committee vote is not unanimous, it is noted which rating received a majority of the committee’s votes and
which rating received a minority, as well as whether the majority and minority votes were or were not “substantial.” which rating received a minority, as well as whether the majority and minority votes were or were not “substantial.”
ABA Standing Committee; What It Is, p. 7. The majority vote is considered by the ABA to be the official rating of the , p. 7. The majority vote is considered by the ABA to be the official rating of the
nomination. The official rating is the rating that is used to calculate the data reported innomination. The official rating is the rating that is used to calculate the data reported in Table 11. The data reported in The data reported in
the table do not indicate whether or not that rating was unanimous. the table do not indicate whether or not that rating was unanimous.
6167 If a President waits to submit a nomination until after he receives notice from the ABA about a potential nominee If a President waits to submit a nomination until after he receives notice from the ABA about a potential nominee
being rated as not qualified, he might decide not to nominate that individual. Because ABA ratings at this stage of the being rated as not qualified, he might decide not to nominate that individual. Because ABA ratings at this stage of the
process are confidential, there is no public information as to how often this might occur during an administration that process are confidential, there is no public information as to how often this might occur during an administration that
waits for the ABA to finish its evaluation of a potential nominee prior to submitting a nomination to the Senate. waits for the ABA to finish its evaluation of a potential nominee prior to submitting a nomination to the Senate.
6268 These nominees were Leonard S. Grasz (confirmed to the Eighth Circuit); Jonathan A. Kobes (also confirmed to the These nominees were Leonard S. Grasz (confirmed to the Eighth Circuit); Jonathan A. Kobes (also confirmed to the
Eighth Circuit); and Lawrence VanDyke (confirmed to the Ninth Circuit). For additional information on these Eighth Circuit); and Lawrence VanDyke (confirmed to the Ninth Circuit). For additional information on these
particular nominees, see Don Walton, “American Bar Association defends its negative rating of Nebraska judge particular nominees, see Don Walton, “American Bar Association defends its negative rating of Nebraska judge
nominee,” nominee,” Lincoln Journal Star, November 15, 2017, at https://journalstar.com/news/state-and-regional/federal-, November 15, 2017, at https://journalstar.com/news/state-and-regional/federal-
politics/american-bar-association-defends-its-negative-rating-of-nebraska-judge/article_cc58f4b1-24be-501f-a671-politics/american-bar-association-defends-its-negative-rating-of-nebraska-judge/article_cc58f4b1-24be-501f-a671-
a93683184ae0.html; Patrick L. Gregory, “ABA Rates Another Trump 8th Circuit Nominee ‘Not Qualified,’” a93683184ae0.html; Patrick L. Gregory, “ABA Rates Another Trump 8th Circuit Nominee ‘Not Qualified,’”
Bloomberg BNA, September 17, 2018, at https://www.bna.com/aba-rates-trump-n73014482574; and Madison Alder , September 17, 2018, at https://www.bna.com/aba-rates-trump-n73014482574; and Madison Alder
and Ellen M. Gilmer, “‘Not Qualified’ Nominee for Ninth Circuit Likely To Be Confirmed,” and Ellen M. Gilmer, “‘Not Qualified’ Nominee for Ninth Circuit Likely To Be Confirmed,” Bloomberg Law, ,
December 11, 2019, at https://news.bloomberglaw.com/us-law-week/not-qualified-nominee-for-ninth-circuit-likely-to-December 11, 2019, at https://news.bloomberglaw.com/us-law-week/not-qualified-nominee-for-ninth-circuit-likely-to-
be-confirmed. be-confirmed.
Congressional Research Service Congressional Research Service
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~~Table 11. U.S. Circuit and District Court Nominees: Official Ratings by the American~~
~~Bar Association for Nominees Confirmed by the Senate~~
~~(1977-2020)~~
~~Circuit Court Nominees~~
~~District Court Nominees~~
~~Well~~
~~President~~
~~Well Qualified~~
~~Qualified~~
~~Not Qualified~~
~~Qualified~~
~~Qualified~~
~~Not Qualified~~
~~Cartera~~
~~75.0%~~
~~25.0%~~
~~n/a~~
~~51.0%~~
~~47.5%~~
~~1.5%~~
~~Reagan~~
~~56.6%~~
~~43.4%~~
~~n/a~~
~~53.8%~~
~~46.2%~~
~~n/a~~2022 Circuit Court Nominees District Court Nominees Well President Well Qualified Qualified Not Qualified Qualified Qualified Not Qualified
G.H.W. Bush G.H.W. Bush
61.9% 61.9%
38.1% 38.1%
n/a n/a
57.4% 57.4%
42.6% 42.6%
n/a n/a
Clinton Clinton
75.4% 75.4%
24.6% 24.6%
n/a n/a
58.7% 58.7%
40.0% 40.0%
1.3% 1.3%
G.W. Bush G.W. Bush
68.9% 68.9%
31.1% 31.1%
n/a n/a
69.3% 69.3%
29.1% 29.1%
1.5% 1.5%
Obama Obama
80.0% 80.0%
20.0% 20.0%
n/a n/a
58.6% 58.6%
41.4% 41.4%
n/a n/a
Trump Trump
77.8% 77.8%
16.7% 16.7%
5.6% 5.6%
68.4% 68.4%
28.7% 28.7%
2.9% 2.9%
Biden 78.6% 21.4% n/a 85.3% 14.7% n/a Source: Congressional Research Service. Congressional Research Service.
Notes: This table shows, for presidencies since 1977, the percentage of confirmed U.S. circuit and district court This table shows, for presidencies since 1977, the percentage of confirmed U.S. circuit and district court
nominees who received an official rating of “well qualified,” “qualified,” and “not qualified” by the American Bar nominees who received an official rating of “well qualified,” “qualified,” and “not qualified” by the American Bar
Association (ABA). For some nominees, the rating received by the ABA is not unanimous. For these nominees, Association (ABA). For some nominees, the rating received by the ABA is not unanimous. For these nominees,
the rating that receives a majority vote by the ABA committee is the nominee’s official rating by the ABAthe rating that receives a majority vote by the ABA committee is the nominee’s official rating by the ABA~~. The~~
~~official rating is the rating used for the~~ and it’s this rating that is used for the statistics reported in Table 11. The statistics presented in statistics presented in ~~Table 11~~ Table 11 for the Biden presidency reflect the ABA ratings for circuit and district court nominees who were confirmed during the first two years of his presidency (2021-2022).
a. During the Carter and Reagan presidencies, the American Bar Association utilized a rating system that also a. During the Carter and Reagan presidencies, the American Bar Association utilized a rating system that also
allowed for a rating of “extremely well qualified.” For the purposes of this report, any nominee who allowed for a rating of “extremely well qualified.” For the purposes of this report, any nominee who
received such a rating during this period is included in the percentage of nominees who received a well received such a rating during this period is included in the percentage of nominees who received a well
qualified rating. qualified rating.
U.S. District Court Nominees
As shown byAs shown by Table 11, a majority of U.S. district court nominees during each of the seven a majority of U.S. district court nominees during each of the seven
~~presidencies~~completed presidencies and the first two years of the Biden presidency (2021-2022) were rated as well qualified by the ABA. were rated as well qualified by the ABA. ~~The~~ For the seven completed presidencies included in the table, the percentage who received a well percentage who received a well
qualified rating ranged from a low of 51.0% during the Carter presidency to a high of 69.3% qualified rating ranged from a low of 51.0% during the Carter presidency to a high of 69.3%
during the George W. Bush presidency. during the George W. Bush presidency.
For district court nominees confirmed during the first two years of the Biden presidency, 85.3% were rated as well qualified and 14.7% as qualified. Four of the seven completed ~~Four of the seven~~ presidencies had at least one district court nominee rated as not qualified by the presidencies had at least one district court nominee rated as not qualified by the
ABA. Specifically, during the Carter and George W. Bush presidencies, 1.5% of district court ABA. Specifically, during the Carter and George W. Bush presidencies, 1.5% of district court
nominees were rated as not qualified; 1.3% of such nominees were rated as not qualified during nominees were rated as not qualified; 1.3% of such nominees were rated as not qualified during
the Clinton presidency; and 2.9% were rated as not qualified during the Trump the Clinton presidency; and 2.9% were rated as not qualified during the Trump presidency.69 No district court nominees were rated as not qualified by the ABA during the Reagan, George H.W. Bush, and Obama presidencies.~~presidency.63~~
~~Frequency of Roll Call Votes Used to Confirm~~
~~Nominees~~
~~The Senate may confirm nominations by unanimous consent, voice vote, or by recorded roll call~~
~~vote. When the question of whether to confirm a nomination is put to the Senate, a roll call vote~~

6369 Of the 202 district court nominees confirmed during the Carter presidency, 3 received a rating of not qualified; of the Of the 202 district court nominees confirmed during the Carter presidency, 3 received a rating of not qualified; of the
261 district court nominees confirmed during the George W. Bush presidency, 4 received a rating of not qualified; of 261 district court nominees confirmed during the George W. Bush presidency, 4 received a rating of not qualified; of
the 305 district court nominees confirmed during the Clinton presidency, 4 received a rating of not qualified; and of the the 305 district court nominees confirmed during the Clinton presidency, 4 received a rating of not qualified; and of the
174 district court nominees confirmed during the Trump presidency, 5 received a rating of not qualified. 174 district court nominees confirmed during the Trump presidency, 5 received a rating of not qualified.
Congressional Research Service Congressional Research Service
28

~~link to page 34 link to page 35~~

32 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-~~2020~~2022 Frequency of Roll Call Votes Used to Confirm Nominees The Senate may confirm nominations by unanimous consent, voice vote, or by recorded roll call vote. When the question of whether to confirm a nomination is put to the Senate, a roll call vote

will be taken on the nomination if the Senate has ordered “the yeas and nays.” The support of 11 will be taken on the nomination if the Senate has ordered “the yeas and nays.” The support of 11
Senators is necessary to order the roll call.Senators is necessary to order the roll call.6470
Historically, the Senate confirmed most U.S. circuit and district court nominations by unanimous Historically, the Senate confirmed most U.S. circuit and district court nominations by unanimous
consent or by voice vote. As shown byconsent or by voice vote. As shown by ~~Figure~~Figures 4 andand Figure 5, how~~ever~~ 5 however, using roll call votes to , using roll call votes to
confirm lower federal court nominees has become much more common during recent confirm lower federal court nominees has become much more common during recent
~~presidencies~~presidencies. The statistics presented for the Biden presidency include those nominees confirmed during the first two years of his presidency (2021-2022). .
U.S. Circuit Court Nominees
A relatively small percentage of circuit court nominees were confirmed by roll call vote during A relatively small percentage of circuit court nominees were confirmed by roll call vote during
the Carter, Reagan, and George H. W. Bush presidencies. Specifically, 7.1%, 6.0%, and 2.4% of the Carter, Reagan, and George H. W. Bush presidencies. Specifically, 7.1%, 6.0%, and 2.4% of
circuit court nominees were confirmed by roll call during each of these three presidencies, circuit court nominees were confirmed by roll call during each of these three presidencies,
respectively.respectively.6571
Confirmation by roll call vote became more common during the Clinton presidency, with nearly Confirmation by roll call vote became more common during the Clinton presidency, with nearly
one-quarter (24.6%) of circuit court nominees receiving roll call votes at the time of Senate one-quarter (24.6%) of circuit court nominees receiving roll call votes at the time of Senate
confirmation.confirmation.6672
Figure 4. U.S. Circuit Court Nominees: Percentage Confirmed by Roll Call Vote
( (~~by presidency, from 1977 to 2020)~~

Source: Congressional Research Service.
Note: This figure shows the percentage of U.S. circuit court nominees confirmed by rol call vote from the
~~Carter presidency through the Trump presidency.~~
~~It was not, however, until the George W. Bush presidency that a majority of circuit court~~
~~nominees were approved using roll call votes, with 80.3% of circuit court nominees being~~
~~confirmed in this manner.67 The percentage of circuit court nominees confirmed by roll call vote~~
~~increased during both the Obama presidency, with 89.1% of circuit court nominees being~~From the Carter presidency through the first two years of the Biden presidency) Source: Congressional Research Service.

6470 One Senator would need to request the roll call, and 10 would need to second the request. See CRS Report RS20199, One Senator would need to request the roll call, and 10 would need to second the request. See CRS Report RS20199,
Ordering a Roll Call Vote in the Senate, coordinated by Elizabeth Rybicki. , coordinated by Elizabeth Rybicki.
6571 During the Carter presidency, 4 of 56 U.S. circuit court nominees were confirmed by roll call vote; during the During the Carter presidency, 4 of 56 U.S. circuit court nominees were confirmed by roll call vote; during the
Reagan presidency, 5 of 83 were confirmed by roll call vote; and during the G.H.W. Bush presidency, 1 of 42 circuit Reagan presidency, 5 of 83 were confirmed by roll call vote; and during the G.H.W. Bush presidency, 1 of 42 circuit
court nominees were confirmed by roll call vote. court nominees were confirmed by roll call vote.
6672 During the Clinton presidency, 16 of 65 U.S. circuit court nominees were confirmed by roll call vote. During the Clinton presidency, 16 of 65 U.S. circuit court nominees were confirmed by roll call vote.
~~67 During the G.W. Bush presidency, 49 of 61 circuit court nominees were confirmed by roll call vote.~~
~~Congressional Research Service~~
29

~~link to page 35~~

~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~confirmed by roll call vote,68 and during the Trump presidency, with all circuit court nominees~~
~~being confirmed in this manner.69~~
~~U.S. District Court Nominees~~
~~In contrast to more~~ Congressional Research Service 33 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 Note: This figure shows the percentage of U.S. circuit court nominees confirmed by rol call vote, voice vote, or unanimous consent from the Carter presidency through the first two years of the Biden presidency (2021-2022). It was not, however, until the George W. Bush presidency that a majority of circuit court nominees were approved using roll call votes, with 80.3% of circuit court nominees being confirmed in this manner.73 The percentage of circuit court nominees confirmed by roll call vote increased further during both the Obama presidency, with 89.1% of circuit court nominees being confirmed by roll call vote.74 During the Trump presidency, all circuit court nominees were confirmed by roll call vote, as were all circuit court nominees confirmed during the first two years of the Biden presidency (2021-2022).75 U.S. District Court Nominees In contrast to recent presidencies, one district court nominee was confirmed by roll call vote recent presidencies, one district court nominee was confirmed by roll call vote
during each of the Carter and Reagan presidencies. And as shown byduring each of the Carter and Reagan presidencies. And as shown by Figure 5, no district court no district court
nominees were confirmed by roll call vote during George H. W. Bush’s presidency (a period nominees were confirmed by roll call vote during George H. W. Bush’s presidency (a period
characterized entirely by divided party control). characterized entirely by divided party control).
Figure 5. U.S. District Court Nominees: Percentage Confirmed by Roll Call Vote
( (~~by presidency, from 1977 to 2020~~From the Carter presidency through the first two years of the Biden presidency) )

Source: Congressional Research Service. Congressional Research Service.
Note: This figure shows the percentage of U.S. district court nominees confirmed by rol call vote This figure shows the percentage of U.S. district court nominees confirmed by rol call vote, voice vote, or unanimous consent from the from the
Carter presidency through the Carter presidency through the ~~Trump presidency~~first two years of the Biden presidency (2021-2022). .
Confirmation by roll call vote for district court nominees became more common during the Confirmation by roll call vote for district court nominees became more common during the
Clinton presidency, with 10.5% of district court nominees receiving roll call votes at the time of Clinton presidency, with 10.5% of district court nominees receiving roll call votes at the time of
Senate confirmation.Senate confirmation.70
~~As was the case with circuit court nominees, the George W. Bush presidency was also the first of~~
~~the seven presidencies during which a majority of district~~76 73 During the G.W. Bush presidency, 49 of 61 circuit court nominees were confirmed by roll call vote. 74 During the Obama presidency, 49 of 55 circuit court nominees were confirmed by roll court nominees were confirmed by roll
~~call vote—specifically, 54.0% of district court nominees were confirmed in this way.71 The~~
~~percentage increased further during the Obama presidency, with 64.6% of district~~call vote. 75 Each of the 54 circuit court nominees confirmed by the Senate during the Trump presidency were confirmed by roll call vote, as were each of the 28 circuit court nominees court nominees
~~confirmed by roll call vote, and during the Trump presidency, with 81.0% of~~ confirmed during the first two years of the Biden presidency. 76 During the Clinton presidency, 32 of 305 district court district court
nominees nominees were confirmed by roll call vote.confirmed by roll call vote.72
~~The increase in the number and percentage of U.S. circuit and district court nominees confirmed~~
~~by roll call vote is attributable, in part, to the decline in unanimous consent agreements during~~

~~68 During the Obama presidency, 49 of 55 circuit court nominees were confirmed by roll call vote.~~
~~69 Each of the 54 circuit court nominees confirmed by the Senate during the Trump presidency were confirmed by roll~~
~~call vote.~~
~~70 During the Clinton presidency, 32 of 305 district court nominees were confirmed by roll call vote.~~
~~71 During the G.W. Bush presidency, 141 of 261 district court nominees were confirmed by roll call vote.~~
~~72 During the Obama presidency, 173 of 268~~ Congressional Research Service 34 link to page 41 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 As was the case with circuit court nominees, the George W. Bush presidency was also the first of the seven completed presidencies included in Table 5 for which a majority of district court nominees were confirmed by roll call vote—specifically, 54.0% of district court nominees were confirmed in this way.77 The percentage increased further during the Obama presidency, with 64.6% of district court nominees confirmed by roll call vote, and during the Trump presidency, with 81.0% of district court nominees confirmed by roll call vote.78 During the first two years of the Biden presidency (2021-2022), 97.1% of district court nominees were confirmed by roll call district court nominees were confirmed by roll call vote.79 The increase in the number and percentage of U.S. circuit and~~vote. And during the~~
~~Trump presidency, 141 of 261~~ district court nominees district court nominees ~~were~~ confirmed confirmed by roll call vote is attributable, in part, to the decline in unanimous consent agreements during ~~by roll call vote.~~
~~Congressional Research Service~~
30

~~link to page 37~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

some of this period that arranged for circuit and district court nominees to be confirmed by voice some of this period that arranged for circuit and district court nominees to be confirmed by voice
vote or unanimous consent.vote or unanimous consent.7380
Number of Nay Votes Received at Time of
Confirmation
The increased frequency with which roll call votes have been used to confirm U.S. circuit and The increased frequency with which roll call votes have been used to confirm U.S. circuit and
district court nominations has not always been correlated with Senators using roll call votes to district court nominations has not always been correlated with Senators using roll call votes to
express opposition to a nominee by voting against his or her nomination. As shown byexpress opposition to a nominee by voting against his or her nomination. As shown by Figure 6,
there is notable variation in the number of nay votes received by circuit and district court there is notable variation in the number of nay votes received by circuit and district court
nominations when they have been confirmed by roll call vote. nominations when they have been confirmed by roll call vote.
The figure shows the number of nominations that received zero nay votes at the time of The figure shows the number of nominations that received zero nay votes at the time of
confirmation. For nominations that received at least one nay vote, the roll call data are presented confirmation. For nominations that received at least one nay vote, the roll call data are presented
using five ranges to reflect the number of nay votes received by a President’s nominees: (1) 1 to using five ranges to reflect the number of nay votes received by a President’s nominees: (1) 1 to
10 nay votes; (2) 11 to 20 nay votes; (3) 21 to 30 nay votes; (4) 31 to 40 nay votes; and (5) more 10 nay votes; (2) 11 to 20 nay votes; (3) 21 to 30 nay votes; (4) 31 to 40 nay votes; and (5) more
than 40 nay votes. than 40 nay votes.
The statistics presented for the Biden presidency include those nominees confirmed during the first two years of his presidency (2021-2022). U.S. Circuit Court Nominees
Of the 10 circuit court nominees confirmed by roll call vote, in total, during the Carter, Reagan, Of the 10 circuit court nominees confirmed by roll call vote, in total, during the Carter, Reagan,
and George H. W. Bush presidencies, only 2 received fewer than 10 nay votes (with 1 receiving and George H. W. Bush presidencies, only 2 received fewer than 10 nay votes (with 1 receiving
zero nay votes). The other 8 circuit court nominees received at least 11 nay votes at the time of zero nay votes). The other 8 circuit court nominees received at least 11 nay votes at the time of
confirmation (with 5 of the 8 receiving at least 31 nay votes). This likely reflects the practice, at confirmation (with 5 of the 8 receiving at least 31 nay votes). This likely reflects the practice, at
least during this era, of roll call votes generally being limited to confirming nominations for least during this era, of roll call votes generally being limited to confirming nominations for
which there was more than nominal opposition by more than a handful of Senators.which there was more than nominal opposition by more than a handful of Senators.74
~~During the Clinton presidency, 12 (75.0%) of 16 circuit court nominees~~ 81 77 During the G.W. Bush presidency, 141 of 261 district court nominees were confirmed by roll call vote. 78 During the Obama presidency, 173 of 268 district court nominees were confirmed by roll call vote. And during the Trump presidency, 141 of 261 district~~confirmed by roll call~~
~~vote received at least 1 nay vote (with 9 of 16, or 56.2%, receiving more than 20 nay votes). As~~
~~with circuit court nominees during the three earlier presidencies included in the analysis, this may~~
~~reflect the practice of generally using roll call votes to confirm nominees for whom there was~~
~~more than minimal opposition in the Senate.~~
~~In contrast, while the number of circuit court nominees confirmed by roll call vote increased~~
~~during the George W. Bush and Obama presidencies, a majority of circuit court nominees~~
~~approved by roll call during both presidencies were nonetheless confirmed without receiving any~~
~~nay votes. Specifically, during the Bush presidency, 30 (61.2%) of 49 circuit~~ court nominees were confirmed by roll call vote. 79 Specifically, 66 of 68 district court nominees court nominees
~~confirmed by roll call vote received zero nay votes. And during the Obama presidency, 26~~
~~(53.1%) of 49 circuit court nominees confirmed by roll call vote received zero nay votes.~~

73confirmed during 2021-2022 were confirmed by roll call vote. 80 For additional information on the procedural tracks followed by the Senate in confirming lower federal court For additional information on the procedural tracks followed by the Senate in confirming lower federal court
nomination, see CRS Report R43762, nomination, see CRS Report R43762, The Appointment Process for U.S. Circuit and District Court Nominations: An
Overview, by Barry J. McMillion. , by Barry J. McMillion.
7481 Or at least the desire by more than a handful of Senators to be formally on the record in opposition to a nomination. Or at least the desire by more than a handful of Senators to be formally on the record in opposition to a nomination.
Congressional Research Service Congressional Research Service
3135

Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-~~2020~~2022

Figure 6. U.S. Circuit and District Court Nominees: Number of Nay Votes Received
at the Time of Confirmation
( (~~by presidency, from 1977 to 2020~~From the Carter presidency through the first two years of the Biden presidency) )

Source: Congressional Research Service. Congressional Research Service.
Notes: This figure shows the number of U.S. circuit and district court nominations that received zero nay votes This figure shows the number of U.S. circuit and district court nominations that received zero nay votes
at the time of confirmationat the time of confirmation from the Carter presidency through the first two years of the Biden presidency (2021-2022). Additionally, for nominations that received at least one nay vote, the rol call data . Additionally, for nominations that received at least one nay vote, the rol call data
are presented using five ranges to reflect the number of nay votes received by a President’s nominees: (1) 1 to are presented using five ranges to reflect the number of nay votes received by a President’s nominees: (1) 1 to
10 nay votes; (2) 11 to 20 nay votes; (3) 21 to 30 nay votes; (4) 31 to 40 nay votes; and (5) more than 40 nay 10 nay votes; (2) 11 to 20 nay votes; (3) 21 to 30 nay votes; (4) 31 to 40 nay votes; and (5) more than 40 nay
votes. This figure does not include any nominations during this period that were rejected by rol call vote in the votes. This figure does not include any nominations during this period that were rejected by rol call vote in the
Senate. Senate.
During the During the ~~Trump presidency, many circuit court nominees were confirmed with historically high~~
~~levels of opposition by the Senate minority party.75 Specifically, only 2 (3.7%) of 54 circuit court~~

~~75 At least some of this opposition might be attributable to the change in the blue slip process used for U.S. circuit court~~
~~nominees during the 115th and 116th Congresses (i.e., some Senators may have cast nay votes in opposition to the~~
~~change in the blue slip process rather than in opposition to particular nominees). This change enabled circuit court~~
~~nominations to be considered by the Senate Judiciary Committee (and, if voted favorably out of committee, considered~~
~~by the full Senate) without the support of both of a circuit court nominee’s home-state Senators. See Sen. Chuck~~
~~Grassley, Congressional Record, daily edition, vol. 163 (November 16, 2017), pp. S7285-S7287; Jordain Carney,~~
~~“Grassley says he’s nixing blue slips for pair of nominees,” The Hill, November 16, 2017, at https://thehill.com/~~
~~homenews/senate/360791-grassley-says-hes-nixing-blue-slips-for-pair-of-nominees; and Trish Turner, “Trump,~~
~~ignoring Democratic senators, set to name 2 judges in California,” ABC News, March 13, 2019, at~~
~~https://abcnews.go.com/Politics/trump-make-appointments-9th-circuit-court-democratic-objections/story?id=~~
~~61637165.~~
~~Congressional Research Service~~
32

~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

Clinton presidency, 12 (75.0%) of 16 circuit court nominees confirmed by roll call vote received at least 1 nay vote (with 9 of 16, or 56.2%, receiving more than 20 nay votes). As with circuit court nominees during the three earlier presidencies included in the analysis, this may reflect the practice of generally using roll call votes to confirm nominees for whom there was more than minimal opposition in the Senate. In contrast, while the number of circuit court nominees confirmed by roll call vote increased during the George W. Bush and Obama presidencies, a majority of circuit court nominees approved by roll call during both presidencies were nonetheless confirmed without receiving any Congressional Research Service 36 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 nay votes. Specifically, during the Bush presidency, 30 (61.2%) of 49 circuit court nominees confirmed by roll call vote received zero nay votes. And during the Obama presidency, 26 (53.1%) of 49 circuit court nominees confirmed by roll call vote received zero nay votes. During the Trump presidency, many circuit court nominees were confirmed with historically high levels of opposition by the Senate minority party.82 Specifically, only 2 (3.7%) of 54 circuit court nominees confirmed by roll call vote received zero nay votes. Instead, a majority of circuit court nominees confirmed by roll call vote received zero nay votes. Instead, a majority of circuit court
nominees (35 of 54, or 64.8%) approved during the Trump presidency were confirmed after nominees (35 of 54, or 64.8%) approved during the Trump presidency were confirmed after
having received more than 40 nay votes. An additional 6 nominees (or 11.1% of nominees) having received more than 40 nay votes. An additional 6 nominees (or 11.1% of nominees)
received 31 to 40 nay votes at the time of confirmation. received 31 to 40 nay votes at the time of confirmation.
During the first two years of the Biden presidency (2021-2022), there were no circuit court nominees confirmed with zero nay votes (and none confirmed with fewer than 29 nay votes). Of the 28 nominees confirmed during the 2021-2022 period, a majority (18, or 64.3%) were confirmed after having received more than 40 nay votes. Another 9 nominees (32%) were confirmed after having received between 31 and 40 nay votes and 1 nominee (4%) was confirmed after having received between 21 and 30 nay votes. By presidency, the circuit court nominee who received the greatest number of nay votes—and the By presidency, the circuit court nominee who received the greatest number of nay votes—and the
court to which he was nominated—when confirmed by the Senate was Abner J. Mikva, D.C. court to which he was nominated—when confirmed by the Senate was Abner J. Mikva, D.C.
Circuit, 31 nay votes (Carter); Daniel A. Manion, Seventh Circuit, 46 nay votes (Reagan); Circuit, 31 nay votes (Carter); Daniel A. Manion, Seventh Circuit, 46 nay votes (Reagan);
Edward E. Carnes, Eleventh Circuit, 36 nay votes (George H. W. Bush); William A. Fletcher, Edward E. Carnes, Eleventh Circuit, 36 nay votes (George H. W. Bush); William A. Fletcher,
Ninth Circuit, 41 nay votes (Clinton); William H. Pryor Jr., Eleventh Circuit, 45 nay votes Ninth Circuit, 41 nay votes (Clinton); William H. Pryor Jr., Eleventh Circuit, 45 nay votes
(George W. Bush); David J. Barron, First Circuit, 45 nay votes (Obama); and Jonathan A. Kobes, (George W. Bush); David J. Barron, First Circuit, 45 nay votes (Obama); and Jonathan A. Kobes,
Eighth Circuit, 50 nays (Trump).Eighth Circuit, 50 nays (Trump).7683 During the first two years of the Biden presidency (2021-2022), the circuit court nominee confirmed with the greatest number of nay votes was Jennifer Sung, confirmed to the Ninth Circuit with 49 nay votes.
U.S. District Court Nominees
Of the two U.S. district court nominees confirmed by roll call vote, in total, during the Carter and Of the two U.S. district court nominees confirmed by roll call vote, in total, during the Carter and
Reagan presidencies, one received 21 to 30 nay votes and the other received 31 to 40 nay votes. Reagan presidencies, one received 21 to 30 nay votes and the other received 31 to 40 nay votes.
As with the confirmation of circuit court nominees during this era, the use of roll call votes wasAs with the confirmation of circuit court nominees during this era, the use of roll call votes was in
~~general likely~~, in general, limited to confirming nominations for which there was more than nominal limited to confirming nominations for which there was more than nominal
opposition by a handful of Senators. opposition by a handful of Senators.
There was a notable shift from the George H. W. Bush presidency, during which no district court There was a notable shift from the George H. W. Bush presidency, during which no district court
nominees were confirmed by roll call vote, to the Clinton presidency, during which 32 district nominees were confirmed by roll call vote, to the Clinton presidency, during which 32 district
court nominees were confirmed by roll call vote. Despite the increase in the number of district court nominees were confirmed by roll call vote. Despite the increase in the number of district
court nominees who were confirmed by roll call vote, 26 (81.3%) of the 32 nominees who were court nominees who were confirmed by roll call vote, 26 (81.3%) of the 32 nominees who were
82 At least some of this opposition might be attributable to the change in the blue slip process used for U.S. circuit court nominees during the 115th and 116th Congresses (i.e., some Senators may have cast nay votes in opposition to the change in the blue slip process rather than in opposition to particular nominees). This change enabled circuit court nominations to be considered by the Senate Judiciary Committee (and, if voted favorably out of committee, considered by the full Senate) without the support of both of a circuit court nominee’s home-state Senators. See Sen. Chuck Grassley, Congressional Record, daily edition, vol. 163 (November 16, 2017), pp. S7285-S7287; Jordain Carney, “Grassley says he’s nixing blue slips for pair of nominees,” The Hill, November 16, 2017, at https://thehill.com/homenews/senate/360791-grassley-says-hes-nixing-blue-slips-for-pair-of-nominees; and Trish Turner, “Trump, ignoring Democratic senators, set to name 2 judges in California,” ABC News, March 13, 2019, at https://abcnews.go.com/Politics/trump-make-appointments-9th-circuit-court-democratic-objections/story?id=61637165. 83 On December 11, 2018, former Vice President Michael Pence cast a tie-breaking vote and the Senate approved the Kobes nomination by a vote of 51-50. Congressional Research Service 37 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 confirmed by roll call vote received 10 or fewer nay votes (with 14, or 43.8%, of 32 nominees confirmed by roll call vote received 10 or fewer nay votes (with 14, or 43.8%, of 32 nominees
receiving zero nay votes). receiving zero nay votes).
The number of district court nominees confirmed by roll call vote continued to increase during The number of district court nominees confirmed by roll call vote continued to increase during
both the George W. Bush and Obama presidencies. But, as was the case with circuit court both the George W. Bush and Obama presidencies. But, as was the case with circuit court
nominees during these two presidencies, a majority of nominees confirmed by roll call vote nominees during these two presidencies, a majority of nominees confirmed by roll call vote
received zero nay votes. Specifically, during the Bush presidency, 136 of 141, or 96.5%, of received zero nay votes. Specifically, during the Bush presidency, 136 of 141, or 96.5%, of
district court nominees confirmed by roll call received zero nay votes. And during the Obama district court nominees confirmed by roll call received zero nay votes. And during the Obama
presidency, 95 (54.9%) of 173 district court nominees confirmed by roll call vote received zero presidency, 95 (54.9%) of 173 district court nominees confirmed by roll call vote received zero
nay votes (while another 36, or 20.8%, received only 1 to 10 nay votes). nay votes (while another 36, or 20.8%, received only 1 to 10 nay votes).
During the Trump presidency, in contrast to the During the Trump presidency, in contrast to the ~~two immediately preceding~~George W. Bush and Obama presidencies, only 15 presidencies, only 15
(10.6%) of 141 district court nominees confirmed by roll call vote received zero nay votes at the (10.6%) of 141 district court nominees confirmed by roll call vote received zero nay votes at the
time of confirmation. A plurality of nominees (36, or 25.5%, of 141) received more than 40 nay time of confirmation. A plurality of nominees (36, or 25.5%, of 141) received more than 40 nay
votes when confirmed by the Senate, while another 20 nominees, or 14.2%, received 31 to 40 nay votes when confirmed by the Senate, while another 20 nominees, or 14.2%, received 31 to 40 nay
~~votes at the time of confirmation~~votes at the time of confirmation. During the first two years of the Biden presidency (2021-2022), none of the 66 district court nominees confirmed by roll call vote received zero nay votes at the time of confirmation. A majority of nominees (41, or 62.1%, of 66) received more than 40 nay votes when confirmed by the Senate. Of the remaining 25 nominees, 1 (1.5%) received 16 nay votes; 13 (19.7%) received between 21 and 30 nay votes; and 11 (16.7%) received 31 to 40 nay votes. .
By presidency, the district court nominee who received the greatest number of nay votes—and the By presidency, the district court nominee who received the greatest number of nay votes—and the
court to which he or she was nominated—when confirmed by the Senate was Lyonel T. Senter, court to which he or she was nominated—when confirmed by the Senate was Lyonel T. Senter,
Jr., Northern District of Mississippi, 25 nay votes (Carter); Sidney A. Fitzwater, Northern District Jr., Northern District of Mississippi, 25 nay votes (Carter); Sidney A. Fitzwater, Northern District
of Texas, 43 nay votes (Reagan); there were no recorded roll call votes on district court nominees of Texas, 43 nay votes (Reagan); there were no recorded roll call votes on district court nominees
during the George H. W. Bush presidency; Gerald E. Lynch, Southern District of New York, 36 during the George H. W. Bush presidency; Gerald E. Lynch, Southern District of New York, 36
nay votes (Clinton); J. Leon Holmes, Eastern District of Arkansas, 46 nays (George W. Bush); nay votes (Clinton); J. Leon Holmes, Eastern District of Arkansas, 46 nays (George W. Bush);
and Victor A. Bolden, District of Connecticut, 46 nays (Obama). and Victor A. Bolden, District of Connecticut, 46 nays (Obama).

~~76 On December 11, 2018, former Vice President Michael Pence cast a tie-breaking vote and the Senate approved the~~
~~Kobes nomination by a vote of 51-50.~~
~~Congressional Research Service~~
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~~link to page 40~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

For the Trump presidency, five nominees each received 47 nay votes (the most nay votes received For the Trump presidency, five nominees each received 47 nay votes (the most nay votes received
by any of President Trump’s district court nominees): J. Campbell Barker (Eastern District of by any of President Trump’s district court nominees): J. Campbell Barker (Eastern District of
Texas); Andrew L. Brasher (Middle District of Alabama); Katherine A. Crytzer (Eastern District Texas); Andrew L. Brasher (Middle District of Alabama); Katherine A. Crytzer (Eastern District
of Tennessee); Howard C. Nielson, Jr. (District of Utah); and Patrick R. Wyrick (District of of Tennessee); Howard C. Nielson, Jr. (District of Utah); and Patrick R. Wyrick (District of
Western Oklahoma). Western Oklahoma).
During the first two years of the Biden presidency (2021-2022), two district court nominees each received 48 nay votes: Deborah L. Boardman (nominated to the District of Maryland) and Sarah E. Geraghty (nominated to the Northern District of Georgia). Demographic Characteristics of Confirmed
Nominees
This section provides data related to the gender and race of U.S. circuit and district court This section provides data related to the gender and race of U.S. circuit and district court
nominees confirmed by the Senate during each nominees confirmed by the Senate during each completed presidency since the Carter presidency since the Carter ~~Administration. These~~
Administration (and the first two years of the Biden presidency, 2021-2022). These particular demographic characteristics of judicial nominees are of ongoing interest to Congress. particular demographic characteristics of judicial nominees are of ongoing interest to Congress.
Such interest is demonstrated especially at the time circuit and district court Such interest is demonstrated especially at the time circuit and district court Congressional Research Service 38 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 nominations are nominations are
considered by the Senate.considered by the Senate.7784 For example, floor statements by Senators in support of circuit or For example, floor statements by Senators in support of circuit or
district court nominees frequently district court nominees frequently mention or emphasize the particular demographic characteristics of emphasize the particular demographic characteristics of
nominees who would enhance the diversity of the federal judiciary.nominees who would enhance the diversity of the federal judiciary.7885
Gender
U.S. Circuit Court Nominees
Figure 7 showsshows that, for the seven , for the seven completed presidencies during this period,presidencies during this period,~~79 that~~86 the percentage of confirmed the percentage of confirmed
U.S. circuit court nominees who were women ranged from a low of 7.2% during the Reagan U.S. circuit court nominees who were women ranged from a low of 7.2% during the Reagan
presidency to a high of 43.6% during the Obama presidency.presidency to a high of 43.6% during the Obama presidency.80

7787 During the first two years of the Biden presidency (2021-2022), 75.0% of confirmed circuit court nominees were women. For the seven completed presidencies during this period, the median number of women confirmed to U.S. circuit court judgeships was 12 (with the fewest number, 6, confirmed during the Reagan presidency and the greatest number, 24, confirmed during the Obama presidency).88 84 Although Members of the U.S. House of Representatives do not have a formal constitutional role in the confirmation Although Members of the U.S. House of Representatives do not have a formal constitutional role in the confirmation
of federal judges, the demographic characteristics of judicial nominees are also of interest to Members of the House. of federal judges, the demographic characteristics of judicial nominees are also of interest to Members of the House.
See, for example, Rep. Mike Honda, “Asian Pacific American Heritage Month,” Remarks in the House, See, for example, Rep. Mike Honda, “Asian Pacific American Heritage Month,” Remarks in the House, Congressional
Record, daily edition, May 19, 2010, p. H3652 (stating that the President has “demonstrated commitment to judicial , daily edition, May 19, 2010, p. H3652 (stating that the President has “demonstrated commitment to judicial
diversity through the nomination of high caliber Asian American and other minority jurists at all levels of the Federal diversity through the nomination of high caliber Asian American and other minority jurists at all levels of the Federal
bench”). See also Rep. Charlie Gonzalez, “Nomination of Miguel Estrada,” Remarks in the House, bench”). See also Rep. Charlie Gonzalez, “Nomination of Miguel Estrada,” Remarks in the House, Congressional
Record, daily edition, February 13, 2003, p. H685 (stating that the Congressional Hispanic Caucus “will actively work , daily edition, February 13, 2003, p. H685 (stating that the Congressional Hispanic Caucus “will actively work
to identify and recommend qualified Hispanic candidates to fill Federal court vacancies”). Additionally, in 2014, the to identify and recommend qualified Hispanic candidates to fill Federal court vacancies”). Additionally, in 2014, the
Congressional Black Caucus released a letter to urge President Obama to appoint a greater number of African Congressional Black Caucus released a letter to urge President Obama to appoint a greater number of African
American judges, particularly to certain judicial districts (e.g., the three judicial districts located in Alabama). For the American judges, particularly to certain judicial districts (e.g., the three judicial districts located in Alabama). For the
text of the letter, see https://www.documentcloud.org/documents/1009668-cbc-judges-letter-to-the-president.html. text of the letter, see https://www.documentcloud.org/documents/1009668-cbc-judges-letter-to-the-president.html.
7885 For recent examples, see Sen. Bob Casey, “Nomination of Arianna J. Freeman (Executive Calendar),” Remarks in the Senate, Congressional Record, daily edition, September 13, 2022, pp. S4550-S4551; Sen. Dick Durbin, “Judicial Nominations (Executive Session),” Remarks in the Senate, Congressional Record, daily edition, May 18, 2022, p. S2559; Sen. Mitch McConnell, “Judicial Nominations,” Remarks in the Senate, Congressional Record, daily edition, November 17, 2020, p. S7020; Sen. John Cornyn, “Executive Session,” Remarks in the Senate, Congressional Record, daily edition, December 14, 2017, p. S8025. See also Sen ~~For recent examples, see Sen~~. Lisa Murkowski, “Executive Session,” Remarks in the Senate, . Lisa Murkowski, “Executive Session,” Remarks in the Senate, Congressional Record, ,
daily edition, November 15, 2011, p. S7426; Sen. Ben Cardin, “Executive Session,” Remarks in the Senate, daily edition, November 15, 2011, p. S7426; Sen. Ben Cardin, “Executive Session,” Remarks in the Senate,
Congressional Record, daily edition, April 4, 2011, p.S2079; Sen. Roger Wicker, “Executive Session,” Remarks in the , daily edition, April 4, 2011, p.S2079; Sen. Roger Wicker, “Executive Session,” Remarks in the
Senate, Senate, Congressional Record, daily edition, November 4, 2013, p.S7791; Sen. Pat Toomey, “Executive Session,” , daily edition, November 4, 2013, p.S7791; Sen. Pat Toomey, “Executive Session,”
Remarks in the Senate, Remarks in the Senate, Congressional Record, daily edition, January 11, 2016; Sen. Amy Klobuchar, “Executive , daily edition, January 11, 2016; Sen. Amy Klobuchar, “Executive
Session,” Remarks in the Senate, Session,” Remarks in the Senate, Congressional Record, daily edition, January 19, 2016, p. S84; and Sen. Cory , daily edition, January 19, 2016, p. S84; and Sen. Cory
Booker, “Executive Session,” Remarks in the Senate, Booker, “Executive Session,” Remarks in the Senate, Congressional Record, daily edition, January 27, 2016, p. S242. , daily edition, January 27, 2016, p. S242.
79 86 Note that the Carter presidency is the first presidency during which women comprised a notable number and Note that the Carter presidency is the first presidency during which women comprised a notable number and
percentage of confirmed circuit and district court nominees. During the Carter presidency, 12 of 59 confirmed circuit percentage of confirmed circuit and district court nominees. During the Carter presidency, 12 of 59 confirmed circuit
court nominees and 29 of 203 confirmed district court nominees were women. Prior to the Carter presidency, there had court nominees and 29 of 203 confirmed district court nominees were women. Prior to the Carter presidency, there had
been two women appointed as circuit court judges and six appointed as district court judges. The first female U.S. been two women appointed as circuit court judges and six appointed as district court judges. The first female U.S.
circuit court judge, Florence E. Allen, was appointed to the Sixth Circuit by President Franklin D. Roosevelt in 1934. circuit court judge, Florence E. Allen, was appointed to the Sixth Circuit by President Franklin D. Roosevelt in 1934.
The first female U.S. district court judge, Burnita S. Matthews, was appointed to the U.S. District Court for the District The first female U.S. district court judge, Burnita S. Matthews, was appointed to the U.S. District Court for the District
of Columbia by President Truman in 1949. of Columbia by President Truman in 1949.
8087 Conversely, the percentage of confirmed U.S. circuit court nominees who were male ranged from a low of 56.4% Conversely, the percentage of confirmed U.S. circuit court nominees who were male ranged from a low of 56.4%
~~Congressional Research Service~~
34

~~link to page 41~~

~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~Most recently, during the Trump presidency, the percentage of confirmed circuit court nominees~~
~~who were women was 20.4% (similar to the Carter presidency, when 20.3~~during the Obama presidency to a high of 92.8% during the Reagan presidency. During the first two years of the Biden presidency (2021-2022), 25.0% of confirmed circuit % of confirmed circuit
court nominees were court nominees were ~~women).~~
men. 88 The median number of The median number of ~~women~~men confirmed to U.S. circuit court judgeships by presidency during confirmed to U.S. circuit court judgeships by presidency during
this period was this period was 1245 (with the fewest number, (with the fewest number, 631, confirmed during the , confirmed during the ~~Reagan~~Obama presidency and the presidency and the
greatest number, greatest number, 2477, confirmed during the Congressional Research Service 39 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 During the first two years of the Biden presidency (2021-2022), 21 women were confirmed as circuit court judges.89 As of January 1, 2023 (following the first two years of the Biden presidency), less than 40% of active U.S. circuit court judges were women. Specifically, 65 (38%) of 171 active circuit court judges were women and 106 (62%) were men.~~, confirmed during the Obama presidency). Most recently, during the Trump~~
~~presidency, 11 women were appointed to circuit court judgeships.81~~
Figure 7. U.S. Circuit Court Nominees: Percentage of Nominees Confirmed,
~~by Gender~~
~~(by presidency, from 1977 to 2020~~ by Gender (From the Carter presidency through the first two years of the Biden presidency) )

Source: Congressional Research Service. Congressional Research Service.
Note: This figure shows This figure shows~~, for select presidencies,~~ the percentage of confirmed U.S. circuit court nominees by the percentage of confirmed U.S. circuit court nominees by
~~gender.~~
~~U.S. District Court Nominees~~
~~For U.S. district court nominees, as shown by Figure 8,~~ gender from the Carter presidency through the first two years of the Biden presidency (2021-2022). U.S. District Court Nominees As shown by Figure 8, for U.S. district court nominees confirmed during the seven completed presidencies during this period, the percentage of confirmed nominees the percentage of confirmed nominees
who were women ranged from a low of 8.3% during the Reagan presidency to a high of 41.0% who were women ranged from a low of 8.3% during the Reagan presidency to a high of 41.0%
during the Obama presidency.during the Obama presidency.82
~~Most recently, during the Trump presidency, the percentage~~90 During the first two years of the Biden presidency (2021-2022), 75.0% of confirmed district court of confirmed district court ~~nominees~~
~~who were women was 25.3% (the third-highest percentage of female appointees among the seven~~
~~presidencies).~~
~~The~~nominees were women. For the seven completed presidencies during this period, the median number of women confirmed to U.S. district court judgeships median number of women confirmed to U.S. district court judgeships ~~by presidency during~~
~~this period~~ was 44 (with the fewest number, 24, confirmed during the Reagan presidency and the was 44 (with the fewest number, 24, confirmed during the Reagan presidency and the
greatest number, 110, confirmed during the Obama presidency).greatest number, 110, confirmed during the Obama presidency). ~~Most recently, during the Trump~~
~~presidency, 44 women were appointed to district court judgeships.83~~

~~during the Obama presidency to a high of 92.8% during the Reagan presidency.~~
~~81 The median number of men confirmed to U.S. circuit court judgeships by presidency during this period was 45 (with~~
~~the fewest number, 31, confirmed during the Obama presidency and the greatest number, 77,~~ 91 Reagan presidency). 89 During the first two years of the Biden presidency (2021-2022), seven men were confirmed as circuit court judges. 90 Conversely, the percentage of confirmed U.S. district court nominees who were male ranged from a low of 59.0% during the Obama presidency to a high of 91.7% during the Reagan presidency. During the first two years of the Biden presidency (2021-2022), 25.0% of confirmed district court nominees were men. 91 The median number of men confirmed to U.S. district court judgeships by presidency during this period was 174 (with the fewest number, 119, confirmed during the George H. W. Bush presidency and the greatest number, 266, confirmed during the confirmed during the
~~Reagan presidency). Most recently, during the Trump presidency, 43 men were appointed to circuit court judgeships.~~
~~82 Conversely, the percentage of confirmed U.S. district court nominees who were male ranged from a low of 59.0%~~
~~during the Obama presidency to a high of 91.7% during the Reagan presidency.~~
~~83 The median number of men confirmed to U.S. district court judgeships by presidency during this period was 174~~
~~Congressional Research Service~~
35

~~link to page 42 link to page 43 link to page 42~~

~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~Figure 8. U.S. District Court Nominees: Percentage Confirmed, by Gender~~
~~(by presidency, from 1977 to 2020)~~

Source: Congressional Research Service.
~~Note:~~ ~~This figure shows, for select presidencies,~~Reagan presidency). Congressional Research Service 40 link to page 47 link to page 49 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 During the first two years of the Biden presidency (2021-2022), 51 women were confirmed as district court judges.92 As of January 1, 2023 (following the first two years of the Biden presidency), less than 40% of active U.S. district court judges were women. Specifically, 224 (37%) of 605 active district court judges were women and 381 (63%) were men. Figure 8. U.S. District Court Nominees: Percentage of Nominees Confirmed by Gender (From the Carter presidency through the first two years of the Biden presidency) Source: Congressional Research Service. Note: This figure shows the percentage of confirmed U.S. district court nominees by gender from the Carter presidency through the first two years of the Biden presidency (2021-2022). ~~the percentage of confirmed U.S. district court nominees by~~
~~gender.~~
Race
Table 12 and Table 13 show, for the seven show, for the seven completed presidencies presidencies ~~during this period~~and the first two years of the Biden presidency (2021-2022), the percentage of each , the percentage of each
President’s confirmed U.S. circuit and district court nominees who were President’s confirmed U.S. circuit and district court nominees who were ~~white~~White, African American, , African American,
Hispanic, Asian American, or “other” (e.g., biracial or another race such as American Hispanic, Asian American, or “other” (e.g., biracial or another race such as American
Indian/Native American).Indian/Native American).8493
U.S. Circuit Court Nominees
White Nominees
~~For the seven~~ As shown by Table 12, for the seven completed presidencies during this period, presidencies during this period, ~~as shown by Table 12,~~ the percentage of confirmed the percentage of confirmed
U.S. circuit court nominees who were U.S. circuit court nominees who were ~~white~~White ranged from a low of 65.5% during the Obama ranged from a low of 65.5% during the Obama
~~presidency to a high of 97.6% during the Reagan presidency.~~
~~The median number of white circuit court appointees by presidency during this period was 47~~
~~(with the fewest number, 36, appointed during the Obama presidency and the greatest number, 81,~~
~~appointed during the Reagan presidency).~~

~~(with the fewest number, 119, confirmed during the George H. W. Bush presidency and the greatest number, 266,~~
~~confirmed during the Reagan presidency).~~
~~84 The racial data for confirmed judicial nominees are compiled from the Biographical Directory of Article III Judges, a~~
~~resource provided by the Federal Judicial Center and Administrative Office of U.S. Courts.~~presidency to a high of 97.6% during the Reagan presidency. During the first two years of the Biden presidency (2021-2022), 25.0% of confirmed circuit court nominees were White. 92 During the first two years of the Biden presidency (2021-2022), 17 men were confirmed as district court judges. 93 The racial categories used The racial categories used
in this report “generally reflect a social definition of race recognized in this country and [are] not an attempt” by CRS in this report “generally reflect a social definition of race recognized in this country and [are] not an attempt” by CRS
“to define race biologically, anthropologically, or genetically.” See https://www.census.gov/topics/population/“to define race biologically, anthropologically, or genetically.” See https://www.census.gov/topics/population/
race.html. For the purposes of this report, the Hispanic category is treated as a nonwhite category. Note, though, that race.html. For the purposes of this report, the Hispanic category is treated as a nonwhite category. Note, though, that
individuals who identify as Hispanic or Latino may be of any race. Ibid. individuals who identify as Hispanic or Latino may be of any race. Ibid.
Congressional Research Service Congressional Research Service
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-~~2020~~
2022 The median number of White circuit court appointees confirmed by completed presidency during this period was 47 (with the fewest number, 36, appointed during the Obama presidency and the greatest number, 81, appointed during the Reagan presidency). During the first two years of the Biden presidency (2021-2022), seven White nominees were confirmed as circuit court judges.
African American Nominees
The percentage of confirmed U.S. circuit court nominees who were African American ranged The percentage of confirmed U.S. circuit court nominees who were African American ranged
from a low of 0.0% during the Trump presidency to a high of 16.4% during the Obama from a low of 0.0% during the Trump presidency to a high of 16.4% during the Obama
presidency. presidency.
During the first two years of the Biden presidency (2021-2022), 42.9% of confirmed circuit court nominees were African American. The median number of African American circuit court appointees by The median number of African American circuit court appointees by completed presidency during this presidency during this
period was six (with the fewest number, zero, appointed during the Trump presidency and the period was six (with the fewest number, zero, appointed during the Trump presidency and the
greatest number, nine, appointed during each of the Carter, Clinton, and Obama presidencies).greatest number, nine, appointed during each of the Carter, Clinton, and Obama presidencies).94 During the first two years of the Biden presidency (2021-2022), 12 African American nominees were confirmed as circuit court judges
~~The Trump presidency is the first presidency since the Ford presidency (1974-1977) that an~~
~~African American individual was not appointed to a U.S. circuit court judgeship~~. .
Table 12. U.S. Circuit Court Nominees: Percentage Confirmed, by Race
( (~~by presidency, from 1977 to 2020~~From the Carter presidency through the first two years of the Biden presidency) )
Nonwhite
President
White
African
Hispanic
Asian
American
American
Biden 25.0% 42.9% 14.3% 17.9% Trump Trump
85.2% 85.2%
0.0% 0.0%
1.9% 1.9%
13.0% 13.0%
Obama Obama
65.5% 65.5%
16.4% 16.4%
10.9% 10.9%
7.3% 7.3%
G.W. Bush G.W. Bush
85.5% 85.5%
9.7% 9.7%
4.8% 4.8%
0.0% 0.0%
Clinton Clinton
74.2% 74.2%
13.6% 13.6%
10.6% 10.6%
1.5% 1.5%
G.H.W. Bush G.H.W. Bush
90.5% 90.5%
4.8% 4.8%
4.8% 4.8%
0.0% 0.0%
Reagan Reagan
97.6% 97.6%
1.2% 1.2%
1.2% 1.2%
0.0% 0.0%
Carter Carter
79.7% 79.7%
15.3% 15.3%
3.4% 3.4%
1.7% 1.7%
Source: Congressional Research Service. Congressional Research Service.
Notes: This This ~~figures shows, for select presidencies~~table shows, from the Carter presidency through the first two years of the Biden presidency (2021-2022), the percentage of confirmed U.S. circuit court nominees by , the percentage of confirmed U.S. circuit court nominees by
race. Percentages may not equal 100 due to rounding. The racial data for confirmed judicial nominees are race. Percentages may not equal 100 due to rounding. The racial data for confirmed judicial nominees are
~~compiled from the Biographical Directory of Article III Judges, a resource provided by the Federal Judicial Center~~
~~and Administrative Office of U.S. Courts.~~
~~Hispanic Nominees~~
~~The~~compiled from publicly available sources. Hispanic Nominees For the seven completed presidencies during this period, the percentage of confirmed U.S. circuit court nominees who were Hispanic ranged from a low percentage of confirmed U.S. circuit court nominees who were Hispanic ranged from a low
of 1.2% during the Reagan presidency to a of 1.2% during the Reagan presidency to a high of 10.9% during the Obama presidency. 94 The Trump presidency was the first presidency since the Ford presidency (1974-1977) that an African American individual was not appointed to a U.S. circuit court judgeship. Congressional Research Service 42 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 During the first two years of the Biden presidency (2021-2022), 14.3% of confirmed circuit court nominees were Hispanic~~high of 10.9% during the Obama presidency~~. .
The median number of Hispanic circuit court appointees by The median number of Hispanic circuit court appointees by completed presidency during this period was presidency during this period was
two (with the fewest number, one, appointed during each of the Reagan and Trump presidencies two (with the fewest number, one, appointed during each of the Reagan and Trump presidencies
and the greatest number, seven, appointed during the Clinton presidency). and the greatest number, seven, appointed during the Clinton presidency).
~~Asian American Nominees~~
~~The~~During the first two years of the Biden presidency (2021-2022), four Hispanic nominees were confirmed as circuit court judges. Asian American Nominees For the seven completed presidencies during this period, the percentage of confirmed U.S. circuit court nominees who were Asian American ranged from percentage of confirmed U.S. circuit court nominees who were Asian American ranged from
a low of 0.0% during the presidencies of Reagan, George H. W. Bush, and George W. Bush to a a low of 0.0% during the presidencies of Reagan, George H. W. Bush, and George W. Bush to a
high of 13.0% during the Trump high of 13.0% during the Trump presidency. During the first two years of the Biden presidency (2021-2022), 17.9% of confirmed circuit court nominees were Asian American.95 ~~presidency.~~
The median number of Asian American circuit court appointees by The median number of Asian American circuit court appointees by completed presidency during this period presidency during this period
was one (with the fewest number, zero, appointed during each of the Reagan, George H. W. Bush, was one (with the fewest number, zero, appointed during each of the Reagan, George H. W. Bush,
and George W. Bush presidencies and the greatest number, seven, appointed during the Trump and George W. Bush presidencies and the greatest number, seven, appointed during the Trump
presidency).presidency).
~~Congressional Research Service~~
37

~~link to page 43~~ ~~Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2020~~

~~U.S. District Court Nominees~~
~~White Nominees~~
~~For the seven presidencies during this period, as shown by Table 13,~~ During the first two years of the Biden presidency (2021-2022), five Asian American nominees were confirmed as circuit court judges. As of January 1, 2023 (following the first two years of the Biden presidency), less than one-third of active U.S. circuit court judges were non-White. Specifically, 54 (32%) of 171 active circuit court judges were non-White and 117 (68%) were White. U.S. District Court Nominees White Nominees As shown by Table 13, for the seven completed presidencies during this period, the percentage of confirmed the percentage of confirmed
U.S. district court nominees who were U.S. district court nominees who were ~~white~~White ranged from a low of 63.4% during the Obama ranged from a low of 63.4% during the Obama
presidency to a high of 92.8% during the Reagan presidency. presidency to a high of 92.8% during the Reagan presidency.
During the first two years of the Biden presidency (2021-2022), 36.8% of confirmed district court nominees were White. The median number of White~~The median number of white~~ district court appointees by district court appointees by completed presidency during this period was 170 presidency during this period was 170
(with the fewest number, 132, appointed during the George H. W. Bush presidency and the (with the fewest number, 132, appointed during the George H. W. Bush presidency and the
greatest number, 269, appointed during the Reagan presidency). greatest number, 269, appointed during the Reagan presidency).
~~African American Nominees~~
~~The~~During the first two years of the Biden presidency (2021-2022), 25 White nominees were confirmed as district court judges. 95 This includes one nominee who identifies as Asian American/South Asian American. Congressional Research Service 43 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 African American Nominees For the seven completed presidencies during this period, the percentage of confirmed U.S. district court nominees who were African American ranged percentage of confirmed U.S. district court nominees who were African American ranged
from a low of 2.1% during the Reagan presidency to a high of 18.7% during the Obama from a low of 2.1% during the Reagan presidency to a high of 18.7% during the Obama
~~presidency.~~
presidency. During the first two years of the Biden presidency (2021-2022), 22.1% of confirmed district court nominees were African American. The median number of African American district court appointees by The median number of African American district court appointees by completed presidency during this presidency during this
period was 18 (with the fewest number, 6, appointed during the Reagan presidency and the period was 18 (with the fewest number, 6, appointed during the Reagan presidency and the
greatest number, 53, appointed during the Clinton presidency). greatest number, 53, appointed during the Clinton presidency).
During the first two years of the Biden presidency (2021-2022), 15 African American nominees were confirmed as district court judges. Table 13. U.S. District Court Nominees: Percentage Confirmed~~, by Race~~
~~(by presidency, from 1977 to 2020~~ by Race (From the Carter presidency through the first two years of the Biden presidency) )
Nonwhite
President
White
African
Asian
American
Hispanic
American
Other
Biden 36.8% 22.1% 17.6% 11.8% 11.8% Trump Trump
83.3% 83.3%
5.2% 5.2%
4.6% 4.6%
3.4% 3.4%
3.4% 3.4%
Obama Obama
63.4% 63.4%
18.7% 18.7%
9.3% 9.3%
5.2% 5.2%
3.4% 3.4%
G.W. Bush G.W. Bush
81.2% 81.2%
6.9% 6.9%
10.3% 10.3%
1.5% 1.5%
0.0% 0.0%
Clinton Clinton
75.1% 75.1%
17.4% 17.4%
5.9% 5.9%
1.3% 1.3%
0.3% 0.3%
G.H.W. Bush G.H.W. Bush
89.2% 89.2%
6.8% 6.8%
4.1% 4.1%
0.0% 0.0%
0.0% 0.0%
Reagan Reagan
92.8% 92.8%
2.1% 2.1%
4.5% 4.5%
0.7% 0.7%
0.0% 0.0%
Carter Carter
77.8% 77.8%
13.8% 13.8%
6.9% 6.9%
0.5% 0.5%
0.5% 0.5%
Source: Congressional Research Service. Congressional Research Service.
Notes: This This ~~figures shows, for select presidencies~~table shows, from the Carter presidency through the first two years of the Biden presidency (2021-2022), the percentage of confirmed U.S. district court nominees by , the percentage of confirmed U.S. district court nominees by
race. Percentages may not equal 100 due to rounding. The racial data for confirmed judicial nominees are race. Percentages may not equal 100 due to rounding. The racial data for confirmed judicial nominees are
~~compiled from the Biographical Directory of Article III Judges, a resource provided by the Federal Judicial Center~~
~~and Administrative Office of U.S. Courts.~~
~~Hispanic Nominees~~
~~The~~compiled from publicly available sources. The “Other” category includes American Indian nominees, biracial or multiracial nominees, or nominees for whom a race is unspecified. Hispanic Nominees For the seven completed presidencies during this period, the percentage of confirmed U.S. district court nominees who were Hispanic ranged from a low percentage of confirmed U.S. district court nominees who were Hispanic ranged from a low
of 4.1% during the George H. W. Bush presidency to a high of 10.3% during the George W. Bush of 4.1% during the George H. W. Bush presidency to a high of 10.3% during the George W. Bush
~~presidency~~presidency. During the first two years of the Biden presidency (2021-2022), 17.6% of confirmed district court nominees were Hispanic. .
The median number of Hispanic district court appointees by The median number of Hispanic district court appointees by completed presidency during this period was 14 presidency during this period was 14
(with the fewest number, 6, appointed during the George H. W. Bush presidency and the greatest (with the fewest number, 6, appointed during the George H. W. Bush presidency and the greatest
number, 27, appointed during the George W. Bush presidency). number, 27, appointed during the George W. Bush presidency).
Congressional Research Service Congressional Research Service
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-~~2020~~2022 During the first two years of the Biden presidency (2021-2022), 12 Hispanic nominees were confirmed as district court judges. Asian American Nominees For the seven completed presidencies during this period, the

~~Asian American Nominees~~
~~The~~ percentage of confirmed U.S. district court nominees who were Asian American ranged from percentage of confirmed U.S. district court nominees who were Asian American ranged from
a low of 0.0% during the George H. W. Bush presidency to a high of 5.2% during the Obama a low of 0.0% during the George H. W. Bush presidency to a high of 5.2% during the Obama
~~presidency~~presidency. During the first two years of the Biden presidency (2021-2022), 11.8% of confirmed district court nominees were Asian American. .
The median number of Asian American district court appointees by The median number of Asian American district court appointees by completed presidency during this period presidency during this period
was 4 (with the fewest number, 0, appointed during the George H. W. Bush presidency and the was 4 (with the fewest number, 0, appointed during the George H. W. Bush presidency and the
greatest number, 14, appointed during the Obama presidency). greatest number, 14, appointed during the Obama presidency).
~~Other Nominees~~
~~The~~During the first two years of the Biden presidency (2021-2022), eight Asian American nominees were confirmed as district court judges. Other Nominees For the seven completed presidencies during this period, the percentage of confirmed U.S. district court nominees in the “ percentage of confirmed U.S. district court nominees in the “~~other~~Other” category~~” category (e.g., biracial,~~
~~etc.)~~ ranged from a low of 0.0% during the Reagan, George H. W. Bush, and George W. Bush ranged from a low of 0.0% during the Reagan, George H. W. Bush, and George W. Bush
presidencies to a high of 3.4% during the Obama and Trump presidencies to a high of 3.4% during the Obama and Trump presidencies. For the purpose of this report, this category includes American Indian nominees, biracial or multiracial nominees, and any nominees for whom a racial background or ancestry is unspecified. During the first two years of the Biden presidency (2021-2022), 11.8% of confirmed district court nominees were included in the “Other” category~~presidencies~~. .
The median number of “ The median number of “~~other~~Other” district court appointees by presidency during this period was one ” district court appointees by presidency during this period was one
(with the fewest number, zero, appointed during the Reagan, George H. W. Bush, and George W. (with the fewest number, zero, appointed during the Reagan, George H. W. Bush, and George W.
Bush presidencies and the greatest number, nine, appointed during the Obama presidency). Bush presidencies and the greatest number, nine, appointed during the Obama presidency).
During the first two years of the Biden presidency (2021-2022), eight nominees included in the “Other” category were confirmed as district court judges. As of January 1, 2023 (following the first two years of the Biden presidency), less than one-third of active U.S. district court judges were non-White. Specifically, 180 (30%) of 605 active district court judges were non-White and 425 (70%) were White.
Author Information

Barry J. McMillion Barry J. McMillion

Analyst in American National Government Analyst in American National Government

Acknowledgments
Amber Wilhelm, Graphics Specialist in the CRS Office of Publishing, prepared figures included in this Amber Wilhelm, Graphics Specialist in the CRS Office of Publishing, prepared figures included in this
report. Sarah J. Eckman, Analyst in American National Government, report. Sarah J. Eckman, Analyst in American National Government, ~~and~~ Raymond Williams, former Raymond Williams, former
~~Research Assistant for the Congress~~ Research Congressional Research Service 45 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022 Assistant for the Congress and Judiciary Section, and Tyler Wolanin, Research Assistant for the Congress and Judiciary Section, assisted with data presented in this report. and Judiciary Section, assisted with data presented in this report.

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