Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2024
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Judicial Nomination Statistics and Analysis:
April 3, 2023
U.S. Circuit and District Courts, 1977-2022
Barry J. McMillion
In recent decades, the process for appointing judges to the U.S. circuit courts of appeals and the
Analyst in American
U.S. district courts has been of continuing Senate interest. The President and the Senate share
National Government
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
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
Committee.
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
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
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.
The period covered by the report, 1977 through 2022, includes every Administration from the Carter presidency to the first
two calendar years of the Biden presidency (2021-2022). This period also includes every Congress from the 95th (1977-1978)
through the 117th (2021-2022).
This report will be next updated by CRS at the conclusion of the 118th Congress.
Congressional Research Service
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Contents
Introduction ..................................................................................................................................... 1
Overview of the U.S. Courts of Appeals and U.S. District Courts .................................................. 2
U.S. Circuit Courts .................................................................................................................... 2
U.S. District Courts ................................................................................................................... 2
U.S. Circuit and District Court Vacancies ....................................................................................... 3
Number and Percentage of Nominees Confirmed ........................................................................... 5
By Presidency............................................................................................................................ 5
U.S. Circuit Court Nominees .............................................................................................. 5
U.S. District Court Nominees ............................................................................................. 7
By Congress .............................................................................................................................. 7
U.S. Circuit Court Nominees .............................................................................................. 7
U.S. District Court Nominees ............................................................................................. 7
Influence of Unified and Divided Party Control ................................................................. 9
Multiple Nominations of the Same Person Prior to Final Action by the Senate ........................... 10
U.S. Circuit Court Nominees ................................................................................................... 11
U.S. District Court Nominees ................................................................................................. 12
Nominees Whose Nominations Were Returned at the End of a Congress .................................... 13
U.S. Circuit Court Nominees .................................................................................................. 13
U.S. District Court Nominees ................................................................................................. 15
Time from Nomination to Confirmation ....................................................................................... 15
By Presidency.......................................................................................................................... 16
U.S. Circuit Court Nominees ............................................................................................ 16
U.S. District Court Nominees ........................................................................................... 19
By Congress ............................................................................................................................ 21
U.S. Circuit Court Nominees ............................................................................................ 22
U.S. District Court Nominees ........................................................................................... 23
By Presidency and Congress ................................................................................................... 24
U.S. Circuit Court Nominees ............................................................................................ 24
U.S. District Court Nominees ........................................................................................... 25
Time from Nomination to Committee Hearing ............................................................................. 25
U.S. Circuit Court Nominees .................................................................................................. 26
U.S. District Court Nominees ................................................................................................. 27
Time from Committee Report to Confirmation ............................................................................. 27
U.S. Circuit Court Nominees .................................................................................................. 28
U.S. District Court Nominees ................................................................................................. 29
Ratings by the American Bar Association for Confirmed Nominees ............................................ 30
U.S. Circuit Court Nominees .................................................................................................. 31
U.S. District Court Nominees ................................................................................................. 32
Frequency of Roll Call Votes Used to Confirm Nominees ............................................................ 33
U.S. Circuit Court Nominees .................................................................................................. 33
U.S. District Court Nominees ................................................................................................. 34
Number of Nay Votes Received at Time of Confirmation ............................................................ 35
U.S. Circuit Court Nominees .................................................................................................. 35
U.S. District Court Nominees ................................................................................................. 37
Congressional Research Service
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Demographic Characteristics of Confirmed Nominees ................................................................. 38
Gender ..................................................................................................................................... 39
U.S. Circuit Court Nominees ............................................................................................ 39
U.S. District Court Nominees ........................................................................................... 40
Race ......................................................................................................................................... 41
U.S. Circuit Court Nominees ............................................................................................ 41
U.S. District Court Nominees ........................................................................................... 43
Figures
Figure 1. U.S. Circuit Court Nominees: Number of Days from Nomination to
Confirmation .............................................................................................................................. 18
U.S. Circuit and District Courts, 1977-2024 Updated August 11, 2025 (R45622) Jump to Main Text of ReportFigure 1. U.S. Circuit Court Nominees: Number of Days from Nomination to Confirmation (1977 to 2024)
Figure 2. U.S. District Court Nominees: Number of Days from Nomination to Confirmation (1977 to 2024)
Figure 2. U.S. District Court Nominees: Number of Days from Nomination
to Confirmation .......................................................................................................................... 20
Figure 3. U.S. Circuit and District Court Nominees: Median Number of Days from
Nomination to Confirmation, by Presidency and Congress ....................................................... 24
Figure 4. U.S. Circuit Court Nominees: Percentage Confirmed by Roll Call Vote ....................... 33
Figure 5. U.S. District Court Nominees: Percentage Confirmed by Roll Call Vote ...................... 34
Figure 6. U.S. Circuit and District Court Nominees: Number of Nay Votes Received at
the Time of Confirmation ........................................................................................................... 36
the Time of Confirmation Figure 7. U.S. Circuit Court Nominees: Percentage of Nominees Confirmed by Gender ............ 40
Figure 8. U.S. District CourtNomineesNominee: Percentage of Nominees Confirmed by Gender ........... 41
Tables
Prior to Beginning of Each Congress and Four-Year Presidential Term ...................................... 3
Table 2. U.S. Circuit and District Court Nominees of Eight Most Recent Presidents:
Number Nominated, Number Confirmed, Percentage Confirmed ............................................... 6
Table 3. Nominees to U.S. Circuit and District Court Judgeships During Each Congress:
Number Nominated, Number Confirmed, Percentage Confirmed ............................................... 8
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 ....................................... 11
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 ...................................... 12
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 .............................................................. 14
Table 7. U.S. Circuit and District Court Nominees: Median Number of Days from
Nomination to Confirmation, by Presidency .............................................................................. 17
Table 8. U.S. Circuit and District Court Nominees: Median Number of Days from
Nomination to Confirmation, by Congress ................................................................................ 21
Congressional Research Service
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Nomination to Confirmation, by Congress Table 9. U.S. Circuit and District Court Nominees: Median Number of Days from
Nomination to Committee Hearing ............................................................................................ 26
Table 10. U.S. Circuit and District Court Nominees: Median Number of Days from
Committee Report to Confirmation ............................................................................................ 29
Table 11. U.S. Circuit and District Court Nominees: Official Ratings by the American Bar
Association for Nominees Confirmed by the Senate ................................................................. 31
Table 12. U.S. Circuit Court Nominees: Percentage Confirmed by Race ..................................... 42
Table 13. U.S. District Court Nominees: Percentage Confirmed by Race .................................... 44
Contacts
Author Information ........................................................................................................................ 45
Congressional Research Service
Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
Introduction
Under the Appointments Clause of the Constitution,1 theAssociation for Nominees Confirmed by the Senate
Table 12. U.S. Circuit Court Nominees: Percentage Confirmed by Race
Table 13. U.S. District Court Nominees: Percentage Confirmed by Race
responsibility for making responsibility for makingappointments to the Supreme Court, as well as to various lower courts
of the federal judiciary. Whilethese appointments. Under the Constitution's Appointments Clause, the President nominates the President nominates personsindividuals to fill federal judgeships, while the Senate exercises its advice and consent power to approve or reject the President's nominations. Although it is not mentioned in the Constitution, an important role is also played midway in the appointment process by the Senate Judiciary Committee.
to fill federal judgeships, the
appointment of each nominee also requires Senate confirmation.2
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
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
nominations were both reported out of the Judiciary Committee and confirmed by the Senate
without any recorded opposition.
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
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
the nomination and confirmation of U.S. circuit and district court judges from 1977 (the
beginning of the Carter presidency) through 2022 (the first two years of the Biden presidency).6
The report’s 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 Trade; the
U.S. Court of Federal Claims; and territorial district courts (e.g., the District Court of Guam).
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
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.... ”
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,
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.
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.
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
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,” Judicature, 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.
5 For discussion by scholars of the Senate’s increased interest in the judicial appointment process in recent decades, see
Nancy Scherer, Scoring Points; Politicians, Activists, and the Lower Federal Court Appointment Process (Stanford,
CA: Stanford University Press, 2005), p. 271 (hereinafter cited as Scherer, Scoring Points). See also Sarah A. Binder
and Forrest Maltzman, Advice & Dissent: The Struggle to Shape the Federal Judiciary (Washington: Brookings
Institution Press, 2009), p. 198. For two forums in which numerous Senators expressed, in detailed statements, their
views concerning the lower court appointment process, see U.S. Congress, Senate Committee on the 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), p. 276; and
U.S. Congress, Senate Committee on the Judiciary, Subcommittee on Constitution, Civil Rights and 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.
6 This period includes the 95th Congress through the 117th Congress.
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
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 within the courts of appeals system are often called“"circuit courtscircuit courts”" (e.g., the First Circuit Court (e.g., the First Circuit Court
of Appeals is also referred to as the of Appeals is also referred to as the“"First CircuitFirst Circuit”"), because the nation is divided into 12 ), 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 Altogether, 179 judgeships for these 13 circuit courts courts of appeals are currently authorized by law (167 for are currently authorized by law (167 for
the 12 regional the 12 regionalU.S. courts of appealscircuit courts and 12 for the U.S. Court of Appeals for the Federal and 12 for the U.S. Court of Appeals for the Federal
Circuit).Circuit).77 The First Circuit (comprising Maine, Massachusetts, New Hampshire, Rhode Island, The First Circuit (comprising Maine, Massachusetts, New Hampshire, Rhode Island,
and Puerto Rico) has the fewest number of authorized judgeships, 6, while the Ninth Circuit and Puerto Rico) has the fewest number of authorized judgeships, 6, while the Ninth Circuit
(comprising Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and (comprising Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and
Washington) has the most, 29.Washington) has the most, 29.88
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 in Puerto Rico. Each district courts: 89 in the 50 states, plus 1 in the District of Columbia and 1 in Puerto Rico. Each
state has at least one U.S. district court, while some states (specifically California, New York, and state has at least one U.S. district court, while some states (specifically California, New York, and
Texas) have as many as four.Texas) have as many as four.
Altogether, 673 Article III U.S. district court judgeships are currently authorized by law.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
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
contracts, patents, trademarks, certain money claims against the U.S. government, federal personnel, veterans’ benefits,
and public safety officers’ benefits claims.
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
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.
9 This total includes 10 temporary judgeships. See the U.S. Courts website at http://www.uscourts.gov/
JudgesAndJudgeships/AuthorizedJudgeships.aspx.
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
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.
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U.S. Circuit and District Court Vacancies
California (Los Angeles) each have 28 judgeships, the most among Article III district courts.9 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. Factors that influence the number of judgeships are vacant or are scheduled to become vacant. Factors that influence the number of
such opportunities include the frequency with which judicial departures occur;judicial vacancies during a presidency include whether any vacancies were "inherited" or carried over from the previous Administration, the frequency with which judges depart from active service, and whether any new whether any new
judgeships are judgeships arestatutorilylegislatively authorized by Congress (which authorized by Congress (which consequently provideprovides a President with a President with
the opportunity to nominate individuals to the opportunity to nominate individuals tothe new judgeships);11 the number of judicial
nominations submitted by a President; and the speed by which the Senate considers such
nominations.new judgeships).10
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 through2021.12
2023.11
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 2021)
2023)
Percentage of Judgeships Vacant on January 1
Year
Congress
President
U.S. Circuit CourtsU.S. Circuit Courts
U.S. District Courts
1977
95th
Carter
5.2
4.8
1979
96th
Carter
28.8
24.7
1981
97th
Reagan
3.8
5.7
1983
98th
Reagan
3.5
4.5
1985
99th
Reagan
14.9
13.1
1987
100th
Reagan
7.7
7.2
1989
101st
Bush, G.H.W.
6.0
4.7
1991
102nd
Bush, G.H.W.
10.1
16.4
1993
103rd
Clinton
9.5
13.8
1995
104th
Clinton
8.9
8.1
1997
105th
Clinton
12.8
10.0
1999
106th
Clinton
9.5
6.3
2001
107th
Bush, G.W.
14.5
8.2
2003
108th
Bush, G.W.
14.0
5.0
2005
109th
Bush, G.W.
8.4
3.1
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 (see Table 2). 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
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
(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
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 eight presidencies included in this
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.
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Percentage of Judgeships Vacant on January 1
Year
Congress
President
U.S. Circuit Courts
U.S. District Courts
2007
110th
Bush, G.W.
8.9
5.9
2009
111th
Obama
7.3
5.9
2011
112th
Obama
8.9
11.7
2013
113th
Obama
8.9
8.8
2015
114th
Obama
3.9
4.9
2017
115th
Trump
9.5
12.8
2019
116th
Trump
6.7
17.6
2021
117th
Biden
1.1
6.4
Source: 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. Percentages are rounded to the nearest whole number.
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 immediately prior to the start of a new Congress was8.9%.139%.12 The median percentage of district The median percentage of district
court judgeships that were vacant immediately prior to the start of a new Congress was 7court judgeships that were vacant immediately prior to the start of a new Congress was 7.2%.
%.
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 the beginning of the96th Congress,14 28.896th Congress (1979-1980),13 at 29%, and lowest at the beginning of the %, and lowest at the beginning of the 117th Congress,
1.117th Congress (2021-2022), at 1%. The percentage of 1%. The percentage of vacant U.S. district court judgeships U.S. district court judgeships that were vacant was also highest at the was also highest at the
beginning of the beginning of the96th96th Congress, Congress, 24.7at 25%, and %, and the lowest at the beginning of the 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
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
(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
confirmed 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 109th Congress (2005-2006), at 3%.
At the beginning of the 118th Congress (2023-2024), which is the most recent entry in Table 1, the percentage of vacant circuit court judgeships, at 5%, was below both the average and median percentages of circuit court judgeships that were vacant at the beginnings of new Congresses since 1977, while, in contrast, the percentage of district court judgeships, at 11%, was above both the average and median percentages of district court judgeships that were vacant during this same period.
Vacancies at the Beginning of a New Presidency
The percentage of judgeships that are vacant at the beginning of a new presidency is influenced, in 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 first Trump presidency (and the 115th Congress), the percentage of U.S.percentage of
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
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
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
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 by Table 1.
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
pending on the Senate Executive Calendar). 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
congressional staff upon request). Similarly, at the beginning of the Clinton presidency, the percentage of district court district court
judgeships that were vacant was 13judgeships that were vacant was 13.8%. This was due, in part, to the %. This was due, in part, to the relatively largecomparatively small number of district court nominations confirmed by the Senate during 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 the final
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.
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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
two years of the Obama presidency.14
during any given presidency include the frequency with which judges depart the bench; the speed during any given presidency include the frequency with which judges depart the bench; the speed
with which a presidential Administration vets and selects nominees for vacant judgeships; with which a presidential Administration vets and selects nominees for vacant judgeships;
whether a President is of the same political party as the majority party in the Senate; whether a whether a President is of the same political party as the majority party in the Senate; whether a
congressional session coincides with a presidential election year; and the point in a congressional congressional session coincides with a presidential election year; and the point in a congressional
session when nominations arrive in the Senate.session when nominations arrive in the Senate.1818
By Presidency
U.S. Circuit Court Nominees
As shown byAs shown by Table 2, the number of U.S. circuit court nominees confirmed during the number of U.S. circuit court nominees confirmed during a completed
presidencythe eight presidencies ranged from a high of 83 during the Reagan presidency to a low of 42 during the 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. single four-year term of George H. W. Bush.OfAmong two-term Presidents two-term Presidents during this period, the number, the high ranged from a 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 In terms of the percentage of circuit court nominees confirmed during a completed presidency,
presidencies from 1977 to 2024 (which takes into account the number of which takes into account the number ofcircuit court nominations submitted to the Senatenominations submitted to the Senate), the , the
greatestmedian percentage of nominees percentage of nominees were confirmed confirmed during the single four-year term of the Trump
presidency (94.7%), and the smallest percentage were confirmed during the George W. Bush
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 Senatorsby the Senate was 85%.
The greatest percentage of nominees, as shown by Table 2, were confirmed during 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
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
presidency (71.8%). Of two-term Presidents, the high ranged from 88.3the first Trump presidency (95%), while the smallest percentage were confirmed during the George W. Bush presidency (72%). Among two-term Presidents during this period, the percentage ranged from 88% during the Reagan % during the Reagan
presidency to a low of presidency to a low of71.872% (George W. Bush).% (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 (1977 to 2022)
President
U.S. Circuit
U.S. District
2024)
U.S. Circuit and District
(Congresses, Years)
Court Nominees
Court Nominees
Court Nominees (Combined)
Carter (95th-96th, 1977-
N
60
218
278
1980)
C
56
202
258
%
93.3%
92.7%
92.8%
Reagan (97th-100th, 1981-
N
94
306
400
1988)
C
83
290
373
%
88.3%
94.8%
93.2%
Bush, G.H.W. (101st-
N
53
192
245
102nd, 1989-1992)
C
42
148
190
%
79.2%
77.1%
77.6%
Clinton (103rd-106th,
N
90
350
440
1993-2000)
C
65
305
370
%
72.2%
87.1%
84.1%
Bush, G.W. (107th-110th,
N
85
286
371
2001-2008)
C
61
261
322
%
71.8%
91.3%
86.8%
Obama (111th-114th,
N
68
322
390
2009-2016)
C
55
268
323
%
80.9%
83.2%
82.8%
Trump (115th-116th,
N
57
208
265
2017-2020)
C
54
174
228
%
94.7%
83.7%
86.0%
Biden (117th, 2021-2022)
N
37
104
141
C
28
68
96
%
75.7%
65.4%
68.1%
Source: Congressional Research Service.
Notes: This table shows, for each of the past eight Presidents, the number of individuals nominated to U.S. This table shows, for each of the past eight 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 (%)and the percentage confirmed (%), rounded to the nearest whole number. Any individual nominated more than once prior to final action is counted only . 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.
Congressional Research Service
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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
presidency.
of George H. W. Bush. Of two-term Presidentsof George H. W. Bush. Of two-term Presidents during this period, the number, the high ranged from a high of 305 (Clinton) to a 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 In terms of the percentage of district court nominees confirmed during a completed presidency,
presidencies from 1977 to 2024 (which takes into account the number of which takes into account the number ofdistrict court nominations submitted to the Senatenominations submitted to the Senate), the , the
median percentage of nominees confirmed by the Senate was 89%. The greatest percentage of nominees were confirmed during the Reagan presidency (greatest percentage of nominees were confirmed during the Reagan presidency (94.895%), and the %), and the
smallest percentage smallest percentagewere confirmed during the George H. W. Bush presidency (77confirmed during the George H. W. Bush presidency (77.1%). Of two-%). Of two-
term Presidentsterm Presidents during this period, the percentage, the high ranged from ranged from 94.895% (Reagan) to a low of 83% (Reagan) to a low of 83.2% during the Obama % 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
95th
through the 117th, was approximately 95th through the 118th, was 18 (while the median number of circuit court nominations 18 (while the median number of circuit court nominations
submitted to the Senate was 26). submitted to the Senate was 26).And as
As shown by shown by Table 3, thethe number of U.S. circuit court number of U.S. circuit court
nominees confirmed during this same period ranged from a low of 2 (during the nominees confirmed during this same period ranged from a low of 2 (during the114th114th Congress, Congress,
2015-2016) to a high of 44 (during the 2015-2016) to a high of 44 (during the96th96th Congress, 1979-1980). Recently, the Congress, 1979-1980). Recently, the 115th115th Congress 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 the117th117th Congress (2021-2022) had the fourth-highest number of circuit court Congress (2021-2022) had the fourth-highest number of circuit court
nominees confirmed during a Congress (28).
nominees confirmed during a Congress (28).
95th
through the 117th, was 66.795th through the 117th, was 68%. The smallest percentage of circuit court nominees, 22%. The smallest percentage of circuit court nominees, 22.2%, were %, were
confirmed during the confirmed during the114th114th Congress (2015-2016). All (100%) of Congress (2015-2016). All (100%) of the circuit court nominations circuit court nominations
submitted to the Senate during the submitted to the Senate during the95th and 99th95th and 99th Congresses (1977-1978 and 1985-1986, Congresses (1977-1978 and 1985-1986,
respectively) were confirmed by the Senate.respectively) were confirmed by the Senate.
More recently, the More recently, the 116th116th Congress (2019-2020) had the greatest percentage of circuit court Congress (2019-2020) had the greatest percentage of circuit court
nominees confirmed during a Congress (92nominees confirmed during a Congress (92.3%) since the %) since the 101st101st Congress (1989-1990). The percentage of circuit court nominees confirmed during the 118th Congress (77%) ranks as the ninth-greatest percentage of nominees confirmed during the 24 Congresses since 1976.
Congress (1989-1990).
U.S. District Court Nominees
The median number of U.S. district court nominees confirmed during a Congress, from the The median number of U.S. district court nominees confirmed during a Congress, from the 95th
through the 117th95th through the 118th, was 68 (while the median number of district court nominations submitted to the , was 68 (while the median number of district court nominations submitted to the
Senate was Senate wasapproximately 94). The number of nominees confirmed ranged from a low of 18 94). The number of nominees confirmed ranged from a low of 18
(during the (during the114th114th Congress, 2015-2016) to a high of 154 (during the Congress, 2015-2016) to a high of 154 (during the 96th96th Congress, 1979-1980). Congress, 1979-1980).
More recently, the More recently, the 116th116th Congress (2019-2020) had the second-highest number of district court Congress (2019-2020) had the second-highest number of district court
nominees (121) confirmed during a Congressnominees (121) confirmed during a Congress, while the 118th Congress (2023-2024) had the third-highest number confirmed (119). Additionally, the 116th. Additionally, the 116th Congress had the Congress had the second-greatest greatest
number of district court nominees (147) with nominations submitted during a Congress for the number of 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).
1977-2022 period (the 118th Congress had the fourth-greatest number submitted during the same period).
95th
through the 117th, was 82.395th through the 118th, was 83%. The smallest percentage confirmed during this period was %. The smallest percentage confirmed during this period was 29.5%
30% (during the (during the114th114th Congress, 2015-2016), and the greatest percentage confirmed was Congress, 2015-2016), and the greatest percentage confirmed was 98.6%
99% (during the (during the97th97th Congress, 1981-1982). Congress, 1981-1982).
Recently, the 115th Congress had the second-smallest percentage (47.3%)
Recently, the 118th Congress (2023-2024) had the fifth-greatest percentage of district court of district court
nominees confirmed nominees confirmed (92%) during a Congress for the 1977-2020 periodduring a Congress for the 1977-2020 period. The 114th and 115th Congresses
(2015-2016 and 2017-2018) are the only two Congresses during this period when (and the highest percentage since the 101st Congress in 1989-1990).
Overall, from 1977 through 2024, there were two Congresses during which fewer than half fewer than half
of the district court nominees of the district court nomineeswhose nominations were submitted during a Congress also had their
nominations confirmed during that same Congress.
pending in the Senate were confirmed—the 114th (2015-2016) and 115th (2017-2018). Table 3. Nominees to U.S. Circuit and District Court Judgeships During Each
Congress: Number Nominated, Number Confirmed, Percentage Confirmed
(95th Congress to 117th Congress)
U.S. Circuit Court
Nominees
U.S. District Court
Nominees U.S. Circuit & District Court
Nominees (Combined)
Nominees
Nominees
Nominees (Combined)
# of
Nominees
# of
Nominees
# of
Nominees
Congress
Nominees
Confirmed
Nominees
Confirmed
Nominees
Confirmed
(Years)
#
%
#
%
#
%
95th (1977-78)
12
12
100
50
48
96.0
62
60
96.8
96th (1979-80)
48
44
91.7
168
154
91.7
216
198
91.7
97th (1981-82)
20
19
95.0
69
68
98.6
89
87
97.8
98th (1983-84)
19
14
73.7
75
61
81.3
94
75
79.8
99th (1985-86)
33
33
100
100
95
95.0
133
128
96.2
100th (1987-88)
26
17
65.4
78
66
84.6
104
83
79.8
101st (1989-90)
23
22
95.7
50
48
96.0
73
70
95.9
102nd (1991-92)
31
20
64.5
144
100
69.4
175
120
68.6
103rd (1993-94)
22
19
86.4
118
107
90.7
140
126
90.0
104th (1995-96)
20
11
55.0
85
62
72.9
105
73
69.5
105th (1997-98)
30
20
66.7
94
79
84.0
124
99
79.8
106th (1999-00)
34
15
44.1
83
57
68.7
117
72
61.5
107th (2001-02)
32
17
53.1
98
83
84.7
130
100
76.9
108th (2003-04)
34
18
52.9
94
85
90.4
128
103
80.5
109th (2005-06)
28
16
57.1
65
35
53.8
93
51
54.8
110th (2007-08)
23
10
43.5
79
58
73.4
102
68
66.7
111th (2009-10)
25
16
64.0
78
44
56.4
103
60
58.3
112th (2011-12)
25
14
56.0
127
97
76.4
152
111
73.0
113th (2013-14)
26
23
88.5
123
109
88.6
149
132
88.6
114th (2015-16)
9
2
22.2
61
18
29.5
70
20
28.6
115th (2017-18)
43
30
69.8
112
53
47.3
155
83
53.5
Congressional Research Service
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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.
Notes: This table shows, for the 95th Congress through the 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 (%)during each Congress (#); and the percentage of nominees confirmed during the same Congress (%), rounded to the nearest whole number. An . 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.19
23 U.S. Circuit Court Nominees
During Congresses in which there was unified party control (i.e., the party of the President and 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),the majority party in the Senate were the same),2024 the median number of circuit court nominees the median number of circuit court nominees
confirmed was 19, confirmed was 19,andwhile the median percentage of nominees confirmed was the median percentage of nominees confirmed was 81.177%. In contrast, %. In contrast,
during Congresses in which there was divided party control (i.e., the party of the President was 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),different than the majority party in the Senate),2125 the median number of circuit court nominees the median number of circuit court nominees
confirmed was 16, confirmed was 16,andwhile the median percentage of nominees confirmed was the median percentage of nominees confirmed was 59.8%.
60%.
The influence of unified versus divided party control on the The influence of unified versus divided party control on the number and percentagepercentage of circuit of circuit
court nominees confirmed by the Senate has been court nominees confirmed by the Senate has beenespeciallymore notable for relatively recent notable for relatively recent
Congresses. For the Congresses. For thenine10 Congresses since the Congresses since the 103rd103rd Congress (1993-1994) Congress (1993-1994) induring which there was which there was
unified party control, the median unified party control, the mediannumber of circuit court percentage of nominees confirmed was nominees confirmed was 19, and the
median percentage confirmed was 69.8%.2273%.26 In contrast, for the five Congresses in which there In contrast, for the five Congresses in which there
was divided party control, the median number of circuit court nominees confirmed was 11, and
the median percentage of nominees confirmed was 44.1%.23
19 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).
20 These Congresses include the 95th, 96th, 97th, 98th, 99th, 103rd, 108th, 109th, 111th, 112th, 113th, 115th, 116th, and 117th.
21 These Congresses include the 100th, 101st, 102nd, 104th, 105th, 106th, 110th, and 114th.
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.
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
U.S. District Court Nominees
was divided party control, the median percentage of nominees confirmed was 44%.27
nominees confirmed was nominees confirmed wasapproximately 77, and85, while the median percentage of nominees confirmed the median percentage of nominees confirmed
was was85.589%. In contrast, during Congresses in which there was divided party control, the median %. In contrast, during Congresses in which there was divided party control, the median
number of district court nominees confirmed was 60, number of district court nominees confirmed was 60,andwhile the median percentage of nominees the median percentage of nominees
confirmed was 73confirmed was 73.2%.24
%.28
The influence of unified versus divided party control on the The influence of unified versus divided party control on the number, but not the percentage, of
number of district court nominees confirmed by the Senate has district court nominees confirmed by the Senate hasalso been especially notable for relatively been especially notable for relatively
recent Congresses.recent Congresses.2529 For the For the nine10 Congresses since the Congresses since the 103rd103rd Congress (1993-1994) in which there Congress (1993-1994) in which there
was unified party control, the median number of district court nominees confirmed was was unified party control, the median number of district court nominees confirmed was85, and
the median percentage confirmed was 76.4%. In contrast,91, while for the five Congresses in which there for the five Congresses in which there
was divided party control, the median number of district court nominees confirmed was 58was 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).2630 Consequently, the percentage of nominees confirmed during a presidency who 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.
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link to page 16 link to page 16 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
were nominated two or more times prior to being approved by the Senate is also greater for more recent presidencies during the 1977-2024 period. 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).
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.
presidency). Apart from the single case reported for the George H. W. Bush presidency, a majority of circuit court nominees nominated two or more times during the presidencies included in Table 4 were ultimately confirmed by the Senate.
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 Overall, of the seveneight presidencies listed presidencies listed inin Table 4, PresidentPresident George W. Bush had the greatest 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 (being confirmed by the Senate (45.9%).
46%). Subsequently, the number and percentage of circuit court nominees nominated more than once prior to confirmation declined during each of the three completed presidencies following the George W. Bush presidency.
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 36nominated more than once prior to being approved by the Senate declined to 36.4% (representing % (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).
During the During the first Trump presidency, the percentage of confirmed circuit court nominees who were Trump presidency, the percentage of confirmed circuit court nominees who were
nominated more than once prior to Senate confirmation declined to 33nominated more than once prior to Senate confirmation declined to 33.3% (representing the third-% (representing the third-
highest percentage of circuit court nominees nominated more than once prior to Senate approval).highest percentage of circuit court nominees nominated more than once 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
Most recently, of the 45 circuit court nominees confirmed by the Senate confirmed by the Senate (representing the fewest number
of such nominees since the George H. W. Bush presidency).
during the Biden presidency, 14 (31%) were nominated more than once prior to being confirmed. 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
Prior To Final Action Percentage of President’'s s
Prior To Final Action
Confirmed Nominees Who Were
Nominated Two or More Times
President
Confirmed Not Confirmed Total
Prior to Being Confirmed
Carter
1
0
1
1.8%
Reagan
6
1
7
7.2%
Bush, G.H.W.
0
1
1
0.0%
Clinton
12
10
22
18.5%
Bush, G.W.
28
11
39
45.9%
Obama
20
5
25
36.4%
Trump
18
1
19
33.3%
Source: Congressional Research Service.
Prior to Being Confirmed
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 the overall percentage (rounded to the nearest whole number) of circuit court nominees of circuit court nomineeswho were confirmed during a presidency confirmed during a presidency andwho were nominated two or more times prior to being confirmed by the Senate.
U.S. District Court Nominees
nominated two or
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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.
A majority of district court nominees nominated two or more times during each of the presidencies included in Table 5 were ultimately confirmed by the Senate.
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 George H. W. Bush presidencies) to a high of 13 (during the first Trump presidency).Trump presidency).
Overall, of the Overall, of the seveneight presidencies listed presidencies listed inin 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 (confirmed by the Senate (40.841%). This was an increase from the Obama presidency, when %). This was an increase from the Obama presidency, when 38.8%
39% 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).
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
Action Percentage of All Confirmed
Action
Nominees Who Were
Nominated Two or More Times
President
Confirmed
Not Confirmed
Total
Prior to Being Confirmed
Carter
4
1
5
2.0%
Reagan
24
2
26
8.3%
Bush, G.H.W.
2
1
3
1.4%
Clinton
21
9
30
6.9%
Bush, G.W.
62
6
68
23.8%
Obama
104
7
111
38.8%
Trump
71
13
84
40.8%
Source: Congressional Research Service.
Prior to Being Confirmed
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 the overall percentage (rounded to the nearest whole number) of district court nominees who were confirmed during a presidency and nominated two of district court nominees who were confirmed during a presidency and nominated two
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.
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Nominees Whose Nominations Wereor more times prior to being confirmed by the Senate.
Nominations Returned at
the End of a Congress
Table 6 provides data related to the number of U.S. circuit and district court provides data related to the number of U.S. circuit and district courtnominees whose
nominations werenominations returned by the Senate to the President at the end of each Congress, from the returned by the Senate to the President at the end of each Congress, from the
95th through the 117th.27 The table also indicates how many of these nominees had been given a
hearing (or not) by the Judiciary Committee95th (1977-1978) through the 118th (2023-2024).31 The table also indicates how many nominees with returned nominations received or did not receive a hearing by the Judiciary Committee, as well as how many had their nominations reported as well as how many had their nominations reported
by the committee and by the committee and were pending on the pending on the Executive Calendar prior to being returned to the President. prior to being returned to the President.
For
If a Congress a Congress that did not coincide with the last two years of a presidency, it was not uncommon 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 itfor a returned nomination to be resubmitted during a to be resubmitted during a
subsequent Congress and eventually be approved by the Senate.subsequent Congress and eventually be approved by the Senate.28 For32 If a Congress a Congress did, however, , however, that
did coincide with the last two years of a presidency, a nominee whose nomination was returned at 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.
The median number of U.S. circuit court The median number of U.S. circuit court nominees whose nominations were returned to a
Presidentnominations returned at the end of a Congress during at the end of a Congress during thisthe 1977-2024 period was 7, while the median number of district 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 was15. 14.
For the For the fifteen
16 most recent Congresses (corresponding to most recent Congresses (corresponding toCongresses during the Clinton, George W. Bush, the Clinton, George W. Bush,
Obama, Trump, and Biden presidencies), the median number of circuit court Obama, Trump, and Biden presidencies), the median number of circuit courtnominees whose
nominations were returned to a Presidentnominations returned at the end of a Congress was 9, while the median 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
There were no circuit court nominations returned at the end of the nominations returned at the end of the 95th Congress (during the
Carter presidency) or during the 99th Congress (during the Reagan presidency95th Congress (1977-1978) or the 99th Congress (1985-1986). There was one ). There was one
circuit court nomination returned at the end of the circuit court nomination returned at the end of the116th Congress—this116th Congress (2019-2020), which was the fewest number of was the fewest number of
circuit court nominations returned at the end of a Congress since the circuit court nominations returned at the end of a Congress since the101st101st Congress (1989-1990). Congress (1989-1990).
Most recently, there were Most recently, there wereninefour circuit court nominations returned to President Biden at the end of circuit court nominations returned to President Biden at the end of
the 117th Congress.
The 106th Congress, duringthe 118th Congress (representing 18% of the circuit court nominations pending in the Senate during the 118th Congress).
The 106th Congress (1999-2000), corresponding to the final two years of the Clinton presidency, had the greatest number of circuit court the Clinton presidency, had the greatest number of circuit court
nominees whose nominations werenominations returned at the end of a Congress returned at the end of a Congress (17)—followed by the 107th
and 108th Congresses, both during the George W. Bush presidency, when, with a total of 17 nominations returned to the President. The 107th Congress (2001-2002) and 108th Congress (2003-2004), corresponding to President George W. Bush's first term, each had 15 circuit court nominations 15 circuit court
nominations were returned at the end of returned at the end of eacha Congress. Congress.
Other than the Other than the 95th and 99th95th and 99th Congresses Congresses, when there were no circuit court nominations returned at when there were no circuit court nominations returned at
the end of either Congress, the the end of either Congress, thefewestsmallest percentage of circuit court nominees percentage of circuit court nominees who had nominations
returnedwith returned nominations, as a percentage of all , as a percentage of all circuit court nominees who were nominated during a Congress, occurred at the 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
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
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
end of the 116th Congress (2019-2020), when 4% of nominations were returned.
The greatest percentage of circuit court nominees The greatest percentage of circuit court nominees who had nominations returnedwith returned nominations, as a percentage , as a percentage
of all of all circuit court nominees who were nominated during a Congress, occurred at the end of the nominees who were nominated during a Congress, occurred at the end of the 114th Congress
during the Obama presidency (114th Congress (2015-2016) when seven of nine nominations, or seven of nine nominations, or 77.878%, were returned%, were returned).
at the end of the Obama presidency. 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 117th Congress)
U.S. Circuit Court Nominees
U.S. District Court Nominees
Hearing &
Hearing & Hearing &
Reported
Congress
Hearing & Hearing &
Not
No
% of All
Not Reported
Hearing &
Not
No
% of All
(Years)
Reported
Reported
Hearing Total Nominees
Reported
Reported
Hearing Total Nominees
95th (1977-78)
0
0
0
0
0.0%
1
0
0
1
2.0%
96th (1979-80)
0
3
1
4
8.3%
0
6
6
12
7.1%
97th (1981-82)
0
0
1
1
5.0%
0
0
1
1
1.4%
98th (1983-84)
1
1
1
3
15.8%
5
3
5
13
17.3%
99th (1985-86)
0
0
0
0
0.0%
0
1
2
3
3.0%
100th (1987-88)
2
0
5
7
26.9%
1
5
3
9
11.5%
101st (1989-90)
0
0
1
1
4.3%
0
0
2
2
4.0%
102nd (1991-92)
0
1
9
10
32.3%
0
0
42
42
29.2%
103rd (1993-94)
0
1
2
3
13.6%
0
2
9
11
9.3%
104th (1995-96)
4
1
3
8
40.0%
3
5
12
20
23.5%
105th (1997-98)
2
1
6
9
30.0%
2
3
6
11
11.7%
106th (1999-00)
0
2
15
17
50.0%
0
2
22
24
28.9%
107th (2001-02)
0
3
12
15
46.9%
0
0
15
15
15.3%
108th (2003-04)
11
3
1
15
44.1%
0
2
6
8
8.5%
109th (2005-06)
0
1
9
10
35.7%
13
1
14
28
43.1%
110th (2007-08)
0
0
10
10
43.5%
0
3
17
20
25.3%
111th (2009-10)
4
0
5
9
36.0%
16
1
17
34
43.6%
112th (2011-12)
4
0
3
7
28.0%
6
4
14
24
18.9%
113th (2013-14)
0
0
2
2
7.7%
0
1
10
11
8.9%
114th (2015-16)
2
1
4
7
77.8%
18
10
15
43
70.5%
115th (2017-18)
0
6
6
12
27.9%
31
17
8
56
50.0%
116th (2019-20)
0
1
0
1
3.8%
3
0
18
21
14.3%
117th (2021-22)
5
3
1
9
24.3%
19
12
5
36
34.6%
Source: Congressional Research Service.
Note: This table shows, for the 95th Congress through the 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
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link to page 19 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
Percentages are rounded to the nearest whole number. U.S. District Court Nominees
A single district court A single district courtnominee had a nominationnomination was returned at the end of returned at the end of each of the 95th and 97th
Congresses during the Carter and Reagan presidencies, respectively.
The 115th Congressboth the 95th Congress (1977-1978) and the 97th Congress (1981-1982).
The 115th Congress (2017-2018) had the greatest number of district court had the greatest number of district court nominees whose nominations were
nominations returned at the end of a Congressreturned at the end of a Congress (56). , with 56 nominations returned to the President.
Most recently, there were Most recently, there were 364 district court nominations district court nominations
returned at the end of the returned at the end of the117th118th Congress. This ranks, among the Congress. This ranks, among the 2324 Congresses included in Congresses included in Table
6, as the , as thefourth highestfifth-fewest number of district court nominations returned at the end of a Congress number of district court nominations returned at the end of a Congress
since the since the95th95th Congress (1977-1978), as well as the fewest number of district court nominees returned since the 101st Congress (1989-1990).
Congress (1977-1978).
The smallest percentage of district court nominees The smallest percentage of district court nominees who had nominations returnedwith returned nominations, as a percentage , as a percentage
of all of all district court nominees who were nominated during a Congress, occurred at the end of the nominees who were nominated during a Congress, occurred at the end of the 97th Congress,
97th Congress (1981-19821981-1982,) during the Reagan presidency during the Reagan presidency (1 of 69, or 1.4%, were returned).
. The percentage of district court nominations returned at the end of the 118th Congress, at 3%, ranks as the fourth-smallest percentage of district court nominees returned at the end of a Congress since the 95th Congress (1977-1978).
The greatest percentage of district court nominees The greatest percentage of district court nominees who had nominations returnedwith returned nominations, as a percentage , as a percentage
of all of all district court nominees who were nominated during a Congress, occurred at the end of the nominees who were nominated during a Congress, occurred at the end of the 114th
Congress, 114th Congress (2015-20162015-2016), when , during the Obama presidency (43 of 61 nominations, or 43 of 61 nominations, or 70.571%, were returned at the end of the Obama presidency.
%, were
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 thatNote that Table 6 does not indicate whendoes not indicate when, during a Congress, a President submitted nominations 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 not give the Senate adequate time to actonupon them prior to adjournment. 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 through20222024, 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.29 In general,
the33
In general, since 1977, there has been an increase in the overall length of time from when a President nominates an individual to a vacant circuit or district length of time from when a President nominates an individual to a vacant circuit or district
court judgeship to when the Senate approves that nominationcourt 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.34 A nominee might nominee might also experience a relatively longer period of time from nomination to experience a relatively longer period of time from nomination to
confirmation due to opposition to confirmation due to opposition tothe nomination by the nonpresidential partyhis or her nomination in the Senate; in the Senate;
committee and floor scheduling decisions unrelated to committee and floor scheduling decisions unrelated topartisan opposition to the nomination; and opposition to the nomination; and
delays in receiving requested background information from the nominee.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
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
typical circuit or district court nominee.
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 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 35
By Presidency
U.S. Circuit Court Nominees
As shown by Table 7, the median number of days from nomination to confirmation for U.S. circuit court nominees ranged from a low of 45 days during the Reagan presidency to a high of 229 days during the Obama presidency.
Nominees: Overview and Policy Options to Shorten the Process, by Barry J. McMillion.
Congressional Research Service
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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 Table 7, Nominees: Median Number of Days from Nomination to Confirmation, by Presidency
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.
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 dayscircuit and district court nominees whose nominations were approved by the Senate from 1977 through 2024. Medians are rounded to the nearest whole number.
Figure 1 shows, for each U.S. circuit court nominee who was confirmed from 1977 through 2024, the number of days from when that individual was first nominated to when he or she was confirmed by the Senate. The interactive version of the figure shows information for each nominee, while the particular circuit court nominee who waited the longest period of time from nomination to confirmation for each presidency is labeled on the static version of the figure.39
from nomination to confirmation
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
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
nomination to confirmation for U.S. circuit court nominations likely reflects the prioritization of
processing circuit court nominations during the 116th Congress.32
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,33 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 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
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
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 Congressional Record, daily edition, vol. 159 (November 21, 2013),
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, Congressional Record, daily
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,” U.S. News & World Report, November 16, 2017, at
https://www.usnews.com/news/politics/articles/2017-11-16/sen-grassley-opts-to-ignore-blue-slips-against-trump-
judicial-nominees.
33 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
confirmation were particularly long relative to a President’s other nominees who were confirmed by the Senate. 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.
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.
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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 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
56
62.5
202
56.5
Reagan
83
45.0
290
41.0
G.H.W. Bush
42
83.0
148
93.0
Clinton
65
139.0
305
99.0
G.W. Bush
61
216.0
261
141.0
Obama
55
229.0
268
215.0
Trump
54
133.5
174
236.5
Biden
28
120.5
68
138.5
Source: Congressional Research Service.
Note: 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 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
2022, 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
time from nomination to confirmation is also labeled for each presidency.35
365 or More Days from Nomination to Confirmation
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
confirmation. During the Carter, Reagan, George H. W. Bush, and Trump presidencies, no circuit
court nominees waited 365 days or more to be confirmed. 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
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
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.
Congressional Research Service
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
Obama presidency, there were 8 circuit court nominees who waited at least one year to be
confirmed.
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
among the seven presidencies), and 15% of President Obama’s nominees waited at least 365
days.
Figure 1. U.S. Circuit Court Nominees: Number of Days from Nomination to
Confirmation
(1977 to 2022)
Source: 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 through20222024. 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
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 lowest number among theseveneight presidencies included in the analysis) presidencies included in the analysis) and President Trump had
. During the first Trump presidency, 20 circuit court nominations 20 circuit court nominations were confirmed within 90 days of being nominated.confirmed within 90 days of being nominated.
During the first two years of the Biden presidency (2021-2022)
Most recently, during the Biden presidency, 6 circuit court nominees were , 6 circuit court nominees were
confirmed within 90 days of being nominated.confirmed within 90 days of being nominated.
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link to page 22 Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
Overall, 84% of President CarterOverall, 84% of President Carter’'s circuit court nominees were confirmed within 90 days of s circuit court nominees were confirmed within 90 days of
being nominated. During the Reagan presidency, 76% of circuit court nominees were confirmed 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 theseven
eight completed presidencies). During the completed presidencies). During the first Trump presidency, 37% of confirmed circuit court nominees 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
Most recently, during the Biden presidency, 13% of confirmed circuit court % of confirmed circuit court
nominees nomineeswho were confirmed were confirmed within 90 days of being nominatedwere confirmed within 90 days of being nominated.
(the second-lowest percentage among the eight presidencies). U.S. District Court Nominees
As shown byAs 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 41district court nominees ranged from a low of 41.0 days during the Reagan presidency to a high of days during the Reagan presidency to a high of
236.5approximately 237 days during the days during the first Trump presidency.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 93increased during each successive completed presidency, increasing by 154% from 93.0 days days
during the George H. W. Bush presidency to during the George H. W. Bush presidency to236.5237 days during the days during the first Trump presidency.Trump presidency.36
The
Most recently, the median number of days from nomination to confirmation for the median number of days from nomination to confirmation for the 68187 district court nominees district court nominees
confirmed during the first two years of the Biden presidency (2021-2022) was 138.5 days.
confirmed during the Biden presidency was 138 days (which, by presidency, was the overall lowest median number of days from nomination to confirmation for district court nominees since the Clinton presidency).
20222024, 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 confirmed by the Senate. The interactive version of the figure shows information for each nominee, while the particular circuitparticular district court nominee who waited the longest period of court nominee who waited the longest period of
time from nomination to confirmation time from nomination to confirmationis also labeled for each presidency.37
for each presidency is labeled on the static version of the figure.41 365 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.3842 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
36 The average 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);
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 As shown by the figure, the district court nominee who experienced the longest period of timeconfirmed 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 eight presidencies). During the first Trump presidency, 44 district court nominees waited at least 365 days from nomination to confirmation (this was the highest for the same presidencies).
Most recently, during the Biden presidency, 12 district court nominees waited 365 or more days from nomination to from nomination to
confirmation (across all seven presidencies) was Faith S. Hochberg, who waited 1,444 days, or nearly four years,confirmation (this was the fewest number of district court nominees to wait a year or more to be to be
confirmed confirmedafter being nominated bysince the George H. W. Bush presidency).
Overall, 5% of President Clinton President Clinton. The'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, and 6% of President Obama's nominees waited at least this long. During President Trump's first term, 25% of district court nominees waited at least 365 days to be confirmed (which was the highest percentage among the eight presidencies included in the figure).
Most recently, during the Biden presidency, 6% district court nominees 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
3.7 years) to be confirmed after being nominated by President G.W. Bush.
38 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.
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
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
nominees waited at least 365 days to be confirmed.
Figure 2. U.S. District Court Nominees: Number of Days from Nomination
to Confirmation
(1977 to 2022)
Source: Congressional Research Service.
Notes: 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 2022. For each presidency, the circuit
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).
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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,
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
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
Obama had five district court nominees, the fewest of the seven presidencies, confirmed within
three months of being nominated. 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.
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
within 90 days of nomination, while during the George H. W. Bush presidency 49% of district
nominees were confirmed within this time frame.
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
Obama presidency, the percentage of nominees confirmed in 90 or fewer days was 2% (the lowest
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
district court nominees whose nominations were approved by the Senate from the 95th Congress
through the 117th Congress.
Table 8. U.S. Circuit and District Court Nominees: Median Number of Days from
Nomination to Confirmation, by Congress
(95th Congress to 117th Congress)
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
95th
1977-78
12
29.0
48
37.5
96th
1979-80
44
66.5
154
65.0
97th
1981-82
19
28.0
68
30.0
98th
1983-84
14
46.0
61
26.0
99th
1985-86
33
45.0
95
41.0
100th
1987-88
17
118.0
66
98.0
101st
1989-90
22
79.0
48
72.5
102nd
1991-92
20
102.5
100
118.0
103rd
1993-94
19
99.0
107
78.0
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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
1995-96
11
167.0
62
99.0
105th
1997-98
20
196.5
79
139.0
106th
1999-2000
15
204.0
57
119.0
107th
2001-02
17
256.0
83
126.0
108th
2003-04
18
201.0
85
152.0
109th
2005-06
16
281.5
35
132.0
110th
2007-08
10
228.5
58
199.0
111th
2009-10
16
252.5
44
140.0
112th
2011-12
14
219.0
97
225.0
113th
2013-14
23
229.0
109
203.0
114th
2015-16
2
331.0
18
299.5
115th
2017-18
30
140.5
53
235.0
116th
2019-20
24
100.5
121
238.0
117th
2021-22
28
120.5
68
138.5
Source: Congressional Research Service.
Note: This table shows, for the 95th Congress through the 117th Congress, the number of U.S. circuit and
district court nominees confirmed during each Congress and the median number of days from nomination to
confirmation.
U.S. Circuit Court Nominees
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
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
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
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
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
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
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
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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
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
during the 109th Congress.39 Additionally, the average time from nomination to confirmation for
U.S. circuit court nominees increased 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 (281.2 days); and 110th Congress (268.8 days).40
U.S. District Court Nominees
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
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
(2019-2020).41
The median number of days from nomination to confirmation for district court nominees
confirmed during the 117th 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
district court nominees was 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 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
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
nominees.
41 The median number of days from nomination to confirmation 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.
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
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
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
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
Congress).
More 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 days43 and declined
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 2022)
Source: Congressional Research Service.
Note: 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 117th Congress (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.
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U.S. District Court Nominees
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
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
days from the 99th Congress); and the 102nd Congress (an increase of 45.5 days from the 101st
Congress).
More recently, from the 114th to 115th Congress, 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 the median number of days from
nomination to 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
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.45
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
nomination to the Senate.46 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
typically is held for more than one judicial nominee at a time.
As shown in Table 9, the median length of time from nomination to committee hearing for circuit
and district court nominees has varied across presidencies.47 For individuals nominated during
more recent presidencies (with the exception of the Trump presidency), the length of time from
44 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.
45 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
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
heading “Receipt and Referral”).
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
Committee being discharged of a circuit or district court nomination). For further discussion of this issue, see CRS
Report R43762, The Appointment Process for U.S. Circuit and District Court Nominations: An Overview, by Barry J.
McMillion.
46 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.
47 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.
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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 hearing 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.
Table 9. U.S. Circuit and District Court Nominees: Median Number of Days from
Nomination to Committee Hearing
(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
Carter
39.0
38.0
Reagan
23.0
22.0
G.H.W. Bush
65.5
65.0
Clinton
91.0
68.0
G.W. Bush
145.0
86.0
Obama
76.0
78.0
Trump
55.0
65.0
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 Table 9 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 completed presidencies
included in the table, the average 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 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 completed presidency (the Trump presidency), the average number of days from nomination to
committee hearing for U.S. circuit court nominees was 66.6 days.
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.
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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 average 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
(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.
51 For the seven completed presidencies included in the table, the average 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 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 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
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Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
nomination is not put to the committee for a vote, or if the committee votes against reporting it
(i.e., rejects the nomination),53 the nomination will not move forward, ultimately failing to receive
Senate confirmation.
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
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
recommendation.54 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
or district court nomination is listed on the Executive Calendar and is eligible for floor
consideration.55
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)
and were confirmed by the Senate.56
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,
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.
54 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
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
instances of lower court nominations reported by the Judiciary Committee other than favorably, see CRS Report
R40470, U.S. Circuit and District Court Nominations: Senate Rejections and Committee Votes Other Than to Report
Favorably, 1939-2013, by Barry J. McMillion.
55 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
R43762, The Appointment Process for U.S. Circuit and District Court Nominations: An Overview, by Barry J.
McMillion.
56 Note, though, that not all nominees who are reported by the Senate Judiciary Committee are ultimately confirmed by
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.
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presidency).58 For the most recent completed presidency included in the table (the Trump
presidency), the median number 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
days.
Table 10 waited 365 or more days from nomination to confirmation.
Median #. U.S. Circuit and District Court Nominees: Median Number of Days from
Committee Report to Confirmation
(1977-2022)
Circuit Court Nominees
District Court Nominees
Median Number of Days from
Median Number of Days from
Committee Report to
Committee Report to
President
Confirmation
Confirmation
Carter
2.0
2.0
Reagan
4.0
4.0
G.H.W. Bush
1.0
1.0
Clinton
13.0
8.0
G.W. Bush
14.0
19.0
Obama
98.0
84.0
Trump
25.0
110.0
Biden
57.5
50.5
Source: Congressional Research Service.
Note: 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 2022. 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 Table 10 include all nominees whose nominations were reported by the Judiciary Committee
and confirmed by the Senate. For the seven completed presidencies included in the table, the average 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 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 was during the Clinton presidency (39.0 days). During the most recent completed presidency (the
Trump presidency), the average number of days from committee report to confirmation for U.S. circuit court nominees
was 29.5 days.
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.
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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 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 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,
and Joe Biden, has sought prenomination evaluations of its candidates for district and circuit
court judgeships by the American Bar Association (ABA).61
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
the committee is to assist the White House in assessing whether prospective judicial nominees
should be nominated.62 It seeks to do so by providing what it describes as an “impartial peer-
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.”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 Table 10 include all nominees whose nominations were reported by the Judiciary Committee
and confirmed by the Senate. For the seven completed presidencies included in the table, the average 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 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 Obama 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
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
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
Nominations in the First 14 Months of the Obama and Bush Administrations,” Governance Studies at Brookings, April
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
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
investigation in the prenomination stage. See Debra Cassens Weiss, “Like Trump, Biden asks ABA to start judicial
ratings process after nominations are made,” ABA Journal, February 3, 2021, at https://www.abajournal.com/news/
article/like-trump-biden-asks-aba-to-start-judicial-ratings-process-after-nominations-are-made.
62 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 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/
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.
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Following the multistep evaluation process by the committee,65 a nominee is given an official
rating of “well qualified,” “qualified,” or “not qualified.”66
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 judicial candidate’s ABA rating in deciding whether to nominate
him or her.67
U.S. Circuit Court Nominees
As shown by Table 11, for each of the seven completed presidencies and for the first two years of
the Biden presidency (2021-2022), a majority of a President’s circuit court 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 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 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 qualified by the ABA. In contrast, the Trump presidency had three circuit court
nominees rated as not qualified.68
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, The Appointment Process for U.S. Circuit and
District Court Nominations: An Overview, by Barry J. McMillion.
66 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.”
ABA Standing Committee; What It Is, 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 in Table 11. The data reported in
the table do not indicate whether or not that rating was unanimous.
67 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
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.
68 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
particular nominees, see Don Walton, “American Bar Association defends its negative rating of Nebraska judge
nominee,” Lincoln Journal Star, 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-
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
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-
be-confirmed.
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Circuit Court Nominees
District Court Nominees
Well
President
Well Qualified
Qualified
Not Qualified
Qualified
Qualified
Not Qualified
G.H.W. Bush
61.9%
38.1%
n/a
57.4%
42.6%
n/a
Clinton
75.4%
24.6%
n/a
58.7%
40.0%
1.3%
G.W. Bush
68.9%
31.1%
n/a
69.3%
29.1%
1.5%
Obama
80.0%
20.0%
n/a
58.6%
41.4%
n/a
Trump
77.8%
16.7%
5.6%
68.4%
28.7%
2.9%
Biden
78.6%
21.4%
n/a
85.3%
14.7%
n/a
Source: Congressional Research Service.
Notes of Days from Nomination to Confirmation
U.S. Circuit Court Nominees
U.S. District Court Nominees
U.S. District Court Nominees
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.61 Specifically, of the eight presidencies included in Table 10, the median number of 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 days (during the first Trump presidency).62
Cartera
nominees who received an official rating of nominees who received an official rating of“well qualified,” “qualified,” and “not qualified”"Well Qualified," "Qualified," and "Not Qualified" by the American Bar 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 nomineethe rating that receives a majority vote by the ABA committee is the nominee’'s official rating by the ABAs official rating by the ABA, and it and it’s
this is this official rating that is used for the statistics reported in rating that is used for the statistics reported in Table 11..
The statistics presented in 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. Percentages may not equal 100 due to rounding.
a. During the Carter and Reagan presidencies, the American Bar Association utilized a rating system that also During the Carter and Reagan presidencies, the American Bar Association utilized a rating system that also
allowed for a rating of allowed for a rating of “extremely well qualified.”"Extremely Well Qualified." For the purposes of this report, any nominee who 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 received such a rating during this period is included in the percentage of nominees who received awell
qualifiedWell Qualified rating. rating.
U.S. District Court Nominees
As shown byAs shown by Table 11, a majority of U.S. district court nominees a majority of U.S. district court nominees confirmed during each of the eight presidencies included in the analysisduring each of the seven
completed presidencies and the first two years of the Biden presidency (2021-2022) were rated as
well qualified by the ABA. For the seven completed presidencies included in the table, the
were rated as Well Qualified by the ABA. The percentage who received a percentage who received awell qualifiedWell Qualified rating ranged from a low of 51 rating ranged from a low of 51.0% during the Carter % during the Carter
presidency to a high of presidency to a high of69.385% during the Biden presidency.
Four of the eight presidencies had at least one confirmed district court nominee rated as Not Qualified% 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 presidencies had at least one district court nominee rated as not
qualified by the ABA. Specifically, during the Carter and George W. Bush presidencies, by the ABA. Specifically, during the Carter and George W. Bush presidencies, 1.52% of % of
district court nominees were rated as district court nominees were rated asnot qualified; 1.3Not Qualified; 1% of such nominees were rated as % of such nominees were rated as not
qualifiedNot Qualified during the Clinton presidency; and during the Clinton presidency; and 2.93% were rated as % were rated as not qualifiedNot Qualified during the during the first Trump Trump
presidency.presidency.69
71
No district court nominees No district court nominees were rated as not qualified by the ABAconfirmed during the Reagan, George during the Reagan, George
H.W. Bush, and Obama presidencies.
69 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
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.
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H. W. Bush, Obama, and Biden presidencies were rated as Not Qualified. Frequency of Roll Call Votes Used to Confirm
Nominees
Nominees The Senate may confirm nominations by unanimous consent, voice vote, or by recorded roll call 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 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 will be taken on the nomination if the Senate has ordered“"the yeas and nays.the yeas and nays.”" The support of 11 The support of 11
Senators is necessary to order the roll call.Senators is necessary to order the roll call.70
72
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 Figures45 and and 56 however, using roll call votes to confirm however, using roll call votes to confirm
lower federal court nominees has become much more common during recent presidencies.lower federal court nominees has become much more common during recent 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, 7the Carter, Reagan, and George H. W. Bush presidencies. Specifically, 7.1%, 6%, 6.0%, and 2%, and 2.4% of % 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.71
73
Confirmation by roll call vote became more common during the Clinton presidency, with Confirmation by roll call vote became more common during the Clinton presidency, with nearly
one-quarter (one-quarter (24.625%) of circuit court nominees receiving roll call votes at the time of Senate %) of circuit court nominees receiving roll call votes at the time of Senate
confirmation.confirmation.72
74
(From the Carter presidency through the first two years of the Biden presidency)
Source: Congressional Research Service.
70 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.
71 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
court nominees were confirmed by roll call vote.
72 During the Clinton presidency, 16 of 65 U.S. circuit court nominees were confirmed by roll call vote.
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rol roll call vote, voice vote, or call vote, voice vote, or
unanimous consent from the Carter presidency through the unanimous consent from the Carter presidency through thefirst two years of the Biden presidency (2021-2022).
Biden presidency.
It was not, however, until the George W. Bush presidency that a majority of circuit court It was not, however, until the George W. Bush presidency that a majority of circuit court
nominees were approved using roll call votes, with 80nominees were approved using roll call votes, with 80.3% of circuit court nominees % of circuit court nominees being
confirmed in this manner.confirmed in this manner.7375 The percentage of circuit court nominees confirmed by roll call vote The percentage of circuit court nominees confirmed by roll call vote
increased further during increased further duringboth the Obama presidency, with 89the Obama presidency, with 89.1% of circuit court nominees % of circuit court nominees being
confirmed by roll call vote.confirmed by roll call vote.74
76
During the During the first Trump presidency, all circuit court nominees were confirmed by roll call vote, as were Trump presidency, all circuit court nominees were confirmed by roll call vote, as were
all circuit court nominees all circuit court nomineesconfirmed during the first two years of the Biden presidency (2021-
2022).75
U.S. District Court Nominees
In contrast to recent presidencies, oneduring the Biden presidency.77
U.S. District Court Nominees
The manner by which district court nominees have been confirmed during presidencies since 1977 follows a similar trend as described above for circuit court nominees. One district court nominee was confirmed by roll call vote district court nominee was confirmed by roll call vote
during each of the Carter and Reagan presidencies. And as shown by during each of the Carter and Reagan presidencies. And as shown by Figure56, no district court , no district court
nominees were confirmed by roll call vote during nominees were confirmed by roll call vote during the George H. W. BushGeorge H. W. Bush’s presidency (a period presidency (a period
characterized entirely by divided party control).characterized entirely by divided party control).
(From the Carter presidency through the first two years of the Biden presidency)
Note: This figure shows the percentage of U.S. district court nominees confirmed by This figure shows the percentage of U.S. district court nominees confirmed byrol roll call vote, voice vote, call vote, voice vote,
or unanimous consent from the Carter presidency through the or unanimous consent from the Carter presidency through thefirst two years of the Biden presidency (2021-
2022).
Biden presidency.
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 10Clinton presidency, with 10.5% of district court nominees receiving roll call votes at the time of % of district court nominees receiving roll call votes at the time of
Senate confirmation.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 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 confirmed during the first two years of the Biden presidency.
76 During the Clinton presidency, 32 of 305 district court nominees were confirmed by roll call vote.
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Senate confirmation.78
As was the case with circuit court nominees, the George W. Bush presidency was also the first of As was the case with circuit court nominees, the George W. Bush presidency was also the first of
the seven completedthe eight presidencies included in presidencies included in Table 5Figure 6 for which a majority of district court for which a majority of district court
nominees were confirmed by roll call vote—specifically, 54nominees were confirmed by roll call vote—specifically, 54.0% of district court nominees were % of district court nominees were
confirmed in this way.confirmed in this way.7779 The percentage increased further during the Obama presidency, with The percentage increased further during the Obama presidency, with
64.665% of district court nominees confirmed by roll call vote, and during the % of district court nominees confirmed by roll call vote, and during the first Trump presidency, Trump presidency,
with 81with 81.0% of district court nominees confirmed by roll call vote.% of district court nominees confirmed by roll call vote.78 During the first two years of
the Biden presidency (2021-2022), 97.180 Most recently, during the Biden presidency, 97% of district court nominees were confirmed by roll call % of district court nominees were confirmed by roll call
vote.vote.79
81
The increase in the number and percentage of U.S. circuit and district court nominees confirmed The increase in the number and percentage of U.S. circuit and district court nominees confirmed
by roll call vote is attributable, in by roll call vote is attributable, in large part, to the decline in unanimous consent agreements during part, to the decline in unanimous consent agreements during
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.80
82 Number of Nay Votes Received at Time of
Confirmation
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 express opposition toa nominee by voting against his or her nominationsuch nominations. As shown by. 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 Presidentusing five ranges to reflect the number of nay votes received by a President’'s nominees: (1) 1 to 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.
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
Ofthan 40 nay votes.
U.S. Circuit Court Nominees
As shown by Figure 7, of the 10 circuit court nominees confirmed by roll call vote, in total, during the Carter, Reagan, the 10 circuit court nominees confirmed by roll call vote, in total, during the Carter, Reagan,
and George H. W. Bush presidencies, and George H. W. Bush presidencies,only 2 received fewer than 10 nay votes (with 1 receiving 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 least during this era, of roll call votes generally beinglimited toreserved for confirming nominations for confirming nominations for
which there was more than nominal opposition by more than a handful of Senators.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 court nominees were confirmed by roll call vote.
79 Specifically, 66 of 68 district court nominees confirmed 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
nomination, see CRS Report R43762, The Appointment Process for U.S. Circuit and District Court Nominations: An
Overview, by Barry J. McMillion.
81 Or at least the desire by more than a handful of Senators to be formally on the record in opposition to a nomination.
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which there was more than nominal opposition by more than a handful of Senators.83 Along these lines, the figure also shows that most circuit court nominees were confirmed by voice vote or unanimous consent (specifically, 93%, 94%, and 98% of nominees during the Carter, Reagan, and G.H.W. Bush presidencies, respectively).
Figure 6. U.S. Circuit and District Court Nominees: Number of Nay Votes Received
at the Time of Confirmation
(From the Carter presidency through the first two years of the Biden presidency)
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 confirmation from the Carter presidency through the at the time of confirmation from the Carter presidency through thefirst two years of the Biden presidency
(2021-2022)Biden presidency. Additionally, for nominations that received at least one nay vote, the . Additionally, for nominations that received at least one nay vote, the rol roll call data are presented call data are presented
using five ranges to reflect the number of nay votes received by a Presidentusing five ranges to reflect the number of nay votes received by a President’'s nominees: (1) 1 to 10 nay votes; (2) 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 votes. This figure 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 does not include any nominations during this period that were rejected byrol roll call vote in the Senate.call vote in the Senate.
During the Clinton presidency, During the Clinton presidency, 12 (75.0%) of 16 the percentage of circuit court nominees confirmed by circuit court nominees confirmed by roll call
votevoice vote or unanimous consent declined to 75%. Of the nominees confirmed by roll call vote, 12 (75%) of 16 nominees received at least 1 nay vote (with 9 of 16, or 56 received at least 1 nay vote (with 9 of 16, or 56.2%, receiving more than 20 nay votes). As %, receiving more than 20 nay votes). As
with circuit court nominees during the three earlier presidencies included in the analysis, this may 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 reflect the practice of generally using roll call votes to confirm nominees for whom there was
more than minimal opposition in the Senate.more than minimal opposition in the Senate.
In contrast, while the In contrast, while the numberpercentage of circuit court nominees confirmed by roll call vote increased of circuit court nominees confirmed by roll call vote increased
during during both the George W. Bush and Obama presidencies, a majority of circuit court nominees 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 approved by roll call during both presidencies were nonetheless confirmed without receiving any
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nay votes. Specifically, during the Bush presidency, 30 (61nay votes. Specifically, during the Bush presidency, 30 (61.2%) of 49 circuit court nominees %) of 49 circuit court nominees
confirmed by roll call vote received zero nay votes. And during the Obama presidency, 26 confirmed by roll call vote received zero nay votes. And during the Obama presidency, 26
(53.1(53%) of 49 circuit court nominees confirmed by roll call vote received zero nay votes.%) of 49 circuit court nominees confirmed by roll call vote received zero nay votes.
During the
In contrast, during the first Trump presidency, many circuit court nominees were confirmed with historically high Trump presidency, many circuit court nominees were confirmed with historically high
levels of opposition by the Senate minority party.levels of opposition by the Senate minority party.8284 Specifically, only 2 ( Specifically, only 2 (3.74%) of 54 circuit court %) 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 nominees (35 of 54, or64.865%) approved during the %) approved during the first Trump presidency were confirmed after Trump presidency were confirmed after
having received more than 40 nay votes. An additional 6 nominees (or 11having received more than 40 nay votes. An additional 6 nominees (or 11.1% of nominees) % 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
This relatively high level of opposition to a President's circuit court nominees by a Senate minority party continued during the Biden presidency. No nominee was confirmed with fewer than 12 nay votes. Additionally, of the 45 nominees confirmed, 30 (67%) were %) were
confirmed after having received more than 40 nay votes. Another confirmed after having received more than 40 nay votes. Another911 nominees, or 24%, received 31 to 40 nay votes at the time of confirmation.
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 court to which he or she was nominated—when confirmed by the Senate was Abner J. Mikva, D.C. was nominated—when confirmed by the Senate was Abner J. Mikva, D.C.
Circuit, 31 nay votes (Carter); Daniel A. Manion, Seventh Circuit, 46 Circuit, 31 nay votes (Carter); Daniel A. Manion, Seventh Circuit, 46nay votesnays (Reagan); (Reagan);
Edward E. Carnes, Eleventh Circuit, 36 Edward E. Carnes, Eleventh Circuit, 36nay votesnays (George H. W. Bush); William A. Fletcher, (George H. W. Bush); William A. Fletcher,
Ninth Circuit, 41 Ninth Circuit, 41nay votesnays (Clinton); William H. Pryor Jr., Eleventh Circuit, 45 (Clinton); William H. Pryor Jr., Eleventh Circuit, 45 nay votes
nays (George W. Bush); David J. Barron, First Circuit, 45 (George W. Bush); David J. Barron, First Circuit, 45nay votesnays (Obama); (Obama); and Jonathan A. Kobes, Jonathan A. Kobes,
Eighth Circuit, 50 nays (Trump)Eighth Circuit, 50 nays (Trump).83 During the first two years of the Biden presidency (2021-
2022), the circuit court nominee confirmed with the greatest number of nay votes was, and Jennifer Jennifer
Sung, confirmed to the Sung, Ninth CircuitNinth Circuit with 49 nay votes.
, 49 nays (Biden).85 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 was, As with the confirmation of circuit court nominees during this era, the use of roll call votes was,
in general, limited to confirming nominations for which there was more than nominal opposition in general, limited to confirming nominations for which there was more than nominal opposition
by a handful of Senators.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 (81court 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.
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%) of the 32 nominees who were confirmed by roll call vote received 10 or fewer nay votesconfirmed by roll call vote received 10 or fewer nay votes (with 14, or 43.8. Additionally, 14, or 44%, of 32 nominees %, of 32 nominees
receivingreceived zero nay votes 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 received zero nay votes. Specifically, during the Bush presidency, 136 of 141, or96.597%, of %, of
district court nominees confirmed by roll call received zero nay votesdistrict court nominees confirmed by roll call received zero nay votes (this was also the first instance during a presidency when a majority of district court nominees were confirmed by roll call vote rather than by voice vote or unanimous consent). And during the Obama . And during the Obama
presidency, 95 (presidency, 95 (54.955%) of 173 district court nominees confirmed by roll call vote received zero %) of 173 district court nominees confirmed by roll call vote received zero
nay votes (while another 36, or nay votes (while another 36, or20.821%, received%, received only 1 to 10 nay votes). 1 to 10 nay votes).
During the During the first Trump presidency, in contrast to the George W. Bush and Obama presidencies, Trump presidency, in contrast to the George W. Bush and Obama presidencies, only
15 (10.615 (11%) of 141 district court nominees confirmed by roll call vote received zero nay votes at %) of 141 district court nominees confirmed by roll call vote received zero nay votes at
the time of confirmation. the time of confirmation.AInstead, a plurality of nominees (36, or plurality of nominees (36, or 25.526%, of 141) received more than 40 %, of 141) received more than 40
nay votes when confirmed by the Senate, while another 20 nominees, or 14nay votes when confirmed by the Senate, while another 20 nominees, or 14.2%, received 31 to 40 %, received 31 to 40
nay votes at the time of confirmation.nay votes at the time of confirmation.
During the first two years of the Biden presidency (2021-2022), none of the 66
Most recently, during the Biden presidency, 1 of 181 district court district court
nominees nominees who were confirmed by roll call vote received zero nay votes at the time of confirmationconfirmed by roll call vote received zero nay votes at the time of confirmation (while 4 nominees received between 1 and 10 nay votes). A majority of the 181 nominees confirmed by roll call vote received more than 40 nay votes when confirmed—specifically, 127 nominees (or 70%). This is also the first instance in which a majority of district court nominees during a presidency were confirmed after having received more than 40 nay votes (i.e., 68% of all nominees, including those confirmed by voice vote or unanimous consent).. 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)Victor A. Bolden, District of Connecticut, 46 nays (Obama).
For the; and Loren L. AliKhan, District of the District of Columbia, 50 nays (Biden).86
During the first Trump presidency, five nominees each received 47 nay votes (the most nay votes received Trump presidency, five nominees each received 47 nay votes (the most nay votes received
by any of President Trumpby any of President Trump’'s district court nominees): J. Campbell Barker (Eastern District of 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).
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 GeorgiaWestern Oklahoma). ).
Demographic Characteristics of Confirmed
Nominees
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 eachcompleted presidency since the Carter
Administration (and the first two years of the Biden presidency, 2021-2022).
of the eight presidencies included in the analysis.
These particular demographic characteristics of judicial nominees are of ongoing interest to These particular demographic characteristics of judicial nominees are of ongoing interest to
Congress. Such interest is demonstrated especially at the time circuit and district court Congress. Such interest is demonstrated especially at the time circuit and district court
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nominations are considered by the Senate.nominations are considered by the Senate.8487 For example, floor statements by Senators in support For example, floor statements by Senators in support
of circuit or district court nominees frequently mention or emphasize the particular demographic of circuit or district court nominees frequently mention or emphasize the particular demographic
characteristics of nominees who would enhance the diversity of the federal judiciary.characteristics of nominees who would enhance the diversity of the federal judiciary.85
88 Gender
U.S. Circuit Court Nominees
Figure 7 shows that, shows that,for the seven completed presidencies during this period,86among the eight presidencies included in the analysis,89 the percentage of the percentage of
confirmed U.S. circuit court nominees who were women ranged from a low of 7confirmed U.S. circuit court nominees who were women ranged from a low of 7.2% during the % during the
Reagan presidency to a high of Reagan presidency to a high of43.669% during the % during the ObamaBiden presidency.
U.S. District Court Nominees
Figure 8 shows that, among the eight presidencies included in the analysis, the percentage of confirmed U.S. district court nominees who were women ranged from a low of 8% during the Reagan presidency to a high of 63% during the Biden presidency.
Additionally, among the eight presidencies presidency.87
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 , the median number of women confirmed
to U.S. to U.S.circuitdistrict court judgeships was court judgeships was 1249 (with the fewest number, (with the fewest number, 624, confirmed during the Reagan , confirmed during the Reagan
presidency and the greatest number, presidency and the greatest number,24117, confirmed during the , confirmed during the ObamaBiden presidency).
Race
Table 12 and Table 13 show, for the eight presidencies included in the analysis, the percentage of each President's confirmed U.S. circuit and district court nominees who were White, African American, Hispanic, Asian American, or "other" (e.g., biracial or another race such as American Indian/Native American).90
U.S. Circuit Court Nominees
As shown by Table 12, the percentage of confirmed circuit court nominees who were White ranged from a low of 36% during the Biden presidency to a high of 98% during the Reagan presidency (similarly, the percentage of confirmed nominees who were nonwhite ranged from a low of 2% during the Reagan presidency to a high of 64% during the Biden presidency). The Biden presidency was the first presidency for which a majority of confirmed circuit court nominees were nonwhite.
U.S. District Court Nominees
As shown by Table 13, the percentage of confirmed district court nominees who were White ranged from a low of 42% during the Biden presidency to a high of 93% during the Reagan presidency (similarly, the percentage of confirmed nominees who were nonwhite ranged from a low of 7% during the Reagan presidency to a high of 58% during the Biden presidency). The Biden presidency was the first presidency for which a majority of confirmed district court nominees were nonwhite.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
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 (see Table 2). 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 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 (Bankruptcy Amendments and Federal Judgeship Act, P.L. 98-353).
11.
12.
13.
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 vacancies at the beginning of the 96th Congress, as shown by Table 1.
14.
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37.
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46.
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48.
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50.
The data provided in Table 9 include all nominees who received a hearing by the Judiciary Committee (including nominees whose nominations were not eventually approved by the Senate). For the presidencies included in the table, the average number of days from nomination to committee hearing for U.S. circuit court nominees ranged from a low of 42 days during the Carter presidency to a high of 247 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 days), while the second-longest was during the Clinton presidency (120 days). Most recently, during the Biden presidency, the average number of days from nomination to committee hearing for circuit court nominees was 65 days.
51.
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53.
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55.
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59.
60.
The data provided in Table 10 include all nominees whose nominations were reported by the Judiciary Committee and confirmed by the Senate. For the eight presidencies included in the table, the average number of days from committee report to confirmation for U.S. circuit court nominees ranged from a low of approximately 5 days during the Carter presidency to a high of 104 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 (8 days), while the second-longest was during the Biden presidency (76 days).
61.
62.
The data provided in Table 10 include all nominees whose nominations were reported by the Judiciary Committee and confirmed by the Senate. For the eight presidencies included in the table, the average number of days from committee report to confirmation for U.S. district court nominees ranged from a low of 4 days during the Carter presidency to a high of 112 days during the first 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 (5 days), while the second longest was during the Obama presidency (90 days).
63.
64.
65.
66.
67.
68.
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." ABA Standing Committee; What It Is, 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 in Table 11. The data reported in the table do not indicate whether or not that rating was unanimous.
69.
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presidency).88
84 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.
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
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, Congressional
Record, 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
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
text of the letter, see https://www.documentcloud.org/documents/1009668-cbc-judges-letter-to-the-president.html.
85 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. 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, Congressional Record, daily edition, April 4, 2011, p.S2079; Sen. Roger Wicker, “Executive
Session,” Remarks in the Senate, Congressional Record, daily edition, November 4, 2013, p.S7791; Sen. Pat Toomey,
“Executive Session,” Remarks in the Senate, Congressional Record, daily edition, January 11, 2016; Sen. Amy
Klobuchar, “Executive Session,” Remarks in the Senate, Congressional Record, daily edition, January 19, 2016, p.
S84; and Sen. Cory Booker, “Executive Session,” Remarks in the Senate, Congressional Record, daily edition, January
27, 2016, p. S242.
86 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
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.
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
of Columbia by President Truman in 1949.
87 Conversely, the percentage of confirmed U.S. circuit court nominees who were male ranged from a low of 56.4%
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 court nominees were men.
88 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, confirmed during the
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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.
Figure 7. U.S. Circuit 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. circuit court nominees by 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 who were women ranged
from a low of 8.3% during the Reagan presidency to a high of 41.0% during the Obama
presidency.90
During the first two years of the Biden presidency (2021-2022), 75.0% of confirmed district court
nominees were women.
For the seven completed presidencies during this period, the median number of women confirmed
to U.S. district court judgeships was 44 (with the fewest number, 24, confirmed during the
Reagan presidency and the greatest number, 110, confirmed during the Obama presidency).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 Reagan presidency).
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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).
Race
Table 12 and Table 13 show, for the seven completed presidencies and the first two years of the
Biden presidency (2021-2022), the percentage of each President’s confirmed U.S. circuit and
district court nominees who were White, African American, Hispanic, Asian American, or “other”
(e.g., biracial or another race such as American Indian/Native American).93
U.S. Circuit Court Nominees
White Nominees
As shown by Table 12, for the seven completed presidencies during this period, the percentage of
confirmed U.S. circuit court nominees who were White ranged from a low of 65.5% during the
Obama 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 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/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.
Congressional Research Service
41
Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
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
from a low of 0.0% during the Trump presidency to a high of 16.4% during the Obama
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 completed presidency during
this 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).94
During the first two years of the Biden presidency (2021-2022), 12 African American nominees
were confirmed as circuit court judges.
Table 12. U.S. Circuit Court Nominees: Percentage Confirmed by Race
(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
85.2%
0.0%
1.9%
13.0%
Obama
65.5%
16.4%
10.9%
7.3%
G.W. Bush
85.5%
9.7%
4.8%
0.0%
Clinton
74.2%
13.6%
10.6%
1.5%
G.H.W. Bush
90.5%
4.8%
4.8%
0.0%
Reagan
97.6%
1.2%
1.2%
0.0%
Carter
79.7%
15.3%
3.4%
1.7%
Source: Congressional Research Service.
Notes: This 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 race. Percentages may not equal 100 due to
rounding. The racial data for confirmed judicial nominees are 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 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.
The median number of Hispanic circuit court appointees by completed presidency during this
period was 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).
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 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
presidency.
During the first two years of the Biden presidency (2021-2022), 17.9% of confirmed circuit court
nominees were Asian American.95
The median number of Asian American circuit court appointees by completed presidency during
this period 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 presidency).
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 U.S. district court nominees who were White ranged from a low of 63.4% 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), 36.8% of confirmed district court
nominees were White.
The median number of White district court appointees by completed presidency during this
period was 170 (with the fewest number, 132, appointed during the George H. W. Bush
presidency and the greatest number, 269, appointed during the Reagan presidency).
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 from a low of 2.1% during the Reagan
presidency to a high of 18.7% during the Obama 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 completed presidency
during this period was 18 (with the fewest number, 6, appointed during the Reagan presidency
and the 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
(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
83.3%
5.2%
4.6%
3.4%
3.4%
Obama
63.4%
18.7%
9.3%
5.2%
3.4%
G.W. Bush
81.2%
6.9%
10.3%
1.5%
0.0%
Clinton
75.1%
17.4%
5.9%
1.3%
0.3%
G.H.W. Bush
89.2%
6.8%
4.1%
0.0%
0.0%
Reagan
92.8%
2.1%
4.5%
0.7%
0.0%
Carter
77.8%
13.8%
6.9%
0.5%
0.5%
Source: Congressional Research Service.
Notes: This 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 race. Percentages may not equal 100 due to
rounding. The racial data for confirmed judicial nominees are 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 of 4.1% during the George H. W. Bush
presidency to a high of 10.3% during the George W. Bush 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 completed presidency during this
period was 14 (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).
Congressional Research Service
44
Judicial Nomination Statistics and Analysis: U.S. Circuit and District Courts, 1977-2022
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 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 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 completed presidency during
this period 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).
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 “Other” category 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. 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.
The median number of “Other” 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.
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
Analyst in American National Government
Acknowledgments
Amber Wilhelm, Graphics Specialist in the CRS Office of Publishing, prepared figures included in this
report. Sarah J. Eckman, Analyst in American National Government, Raymond Williams, former 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.
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.
Congressional Research Service
R45622 · VERSION 6 · UPDATED
46
U.S. Circuit and District Courts, 1977-2024 Updated August 11, 2025 (R45622) Jump to Main Text of Report
Contents
- Introduction
- Overview of the U.S. Courts of Appeals and U.S. District Courts
- U.S. Circuit Courts
- U.S. District Courts
- U.S. Circuit and District Court Vacancies
- Vacancies at the Beginning of a New Presidency
- Number and Percentage of Nominees Confirmed
- By Presidency
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
- By Congress
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
- Influence of Unified and Divided Party Control
- Multiple Nominations of the Same Person Prior to Final Action by the Senate
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
- Nominations Returned at the End of a Congress
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
- Time from Nomination to Confirmation
- By Presidency
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
- By Congress
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
- By Presidency and Congress
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
- Time from Nomination to Committee Hearing
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
- Time from Committee Report to Confirmation
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
- Ratings by the American Bar Association
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
- Frequency of Roll Call Votes Used to Confirm Nominees
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
- Number of Nay Votes Received at Time of Confirmation
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
- Demographic Characteristics of Confirmed Nominees
- Gender
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
- Race
- U.S. Circuit Court Nominees
- U.S. District Court Nominees
Figures
Figure 3. U.S. Circuit and District Court Nominees: Median Number of Days from
Figure 4. U.S. Circuit Court Nominees: Percentage Confirmed by Roll Call Vote
Figure 5. U.S. District Court Nominees: Percentage Confirmed by Roll Call Vote
Figure 6. U.S. Circuit and District Court Nominees: Number of Nay Votes Received at
the Time of Confirmation Figure 7. U.S. Circuit Court Nominees: Percentage of Nominees Confirmed by Gender
Figure 8. U.S. District Court
Tables
Table 1. Percentage of U.S. Circuit and District Court Judgeships Vacant on January 1Table 2. U.S. Circuit and District Court Nominees of Eight Most Recent Presidents:
Table 3. Nominees to U.S. Circuit and District Court Judgeships During Each Congress:
Table 4. Number of U.S. Circuit Court Nominees Who Were Nominated Two or More
Nominees Nominated Two or More Times Prior to Being Confirmed
Table 5. Number of U.S. District Court Nominees Who Were Nominated Two or More
Nominees Nominated Two or More Times Prior to Being Confirmed
Table 6. U.S. Circuit and District Court Nominees: Number Whose Nominations Were
Nominations Were Returned at End of Each Congress
Table 7. U.S. Circuit and District Court Nominees: Median Number of Days from
Table 8. U.S. Circuit and District Court Nominees: Median Number of Days from
Nomination to Confirmation, by Congress Table 9. U.S. Circuit and District Court Nominees: Median Number of Days from
Table 10. U.S. Circuit and District Court Nominees: Median Number of Days from
Table 11. U.S. Circuit and District Court Nominees: Official Ratings by the American Bar
Summary
The process of appointing judges to U.S. circuit courts of appeals and U.S. district courts is of continuing interest to Congress. The President and the Senate share President and the Senate shareresponsibility for making responsibility for making
The statistics presented in this report reflect congressional interest in issues related to the confirmation process for U.S. circuit and district court nominees. Statistics are provided for each stage of the nomination and confirmation process—from the frequency of judicial vacancies at the beginning of a Congress (which provide a President with opportunities to submit nominations) to the frequency of roll call votes, rather than the use of unanimous consent or voice votes, to confirm judicial nominees. This report also provides statistics related to the length of various stages of the appointment process (e.g., the length of time from nomination to committee hearing), as well as the overall length of the confirmation process itself. Additional statistics relate to the demographic characteristics of circuit and district court nominees confirmed by the Senate.
The period covered by the report, 1977 through 2024, includes every Administration from the Carter presidency to the Biden presidency (2021-2024). This period also includes every Congress from the 95th (1977-1978) through the 118th (2023-2024).
CRS plans to prepare the next update to this report at the conclusion of the 119th Congress.
Introduction
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 of the federal judiciary. While the President nominates persons to fill federal judgeships, the appointment of each nominee also requires Senate confirmation.2Historically, 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 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 nominations were both reported out of the Judiciary Committee and confirmed by the Senate without any recorded opposition.
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 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 the nomination and confirmation of U.S. circuit and district court judges by presidency and Congress from 1977 through 2024.6
The report focuses on 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 Trade; the U.S. Court of Federal Claims; and territorial district courts (e.g., the District Court of Guam).
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 within the courts of appeals system are often called
of Appeals is also referred to as the of Appeals is also referred to as the
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.
the 12 regional the 12 regional
Circuit).Circuit).
and Puerto Rico) has the fewest number of authorized judgeships, 6, while the Ninth Circuit and Puerto Rico) has the fewest number of authorized judgeships, 6, while the Ninth Circuit
(comprising Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and (comprising Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and
Washington) has the most, 29.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 in Puerto Rico. Each district courts: 89 in the 50 states, plus 1 in the District of Columbia and 1 in Puerto Rico. Each
state has at least one U.S. district court, while some states (specifically California, New York, and state has at least one U.S. district court, while some states (specifically California, New York, and
Texas) have as many as four.Texas) have as many as four.
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.9 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. Factors that influence the number of judgeships are vacant or are scheduled to become vacant. Factors that influence the number of
judgeships are judgeships are
the opportunity to nominate individuals to the opportunity to nominate individuals to
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
2023)
Year
Congress
President
U.S. District Courts
1977
95th
Carter
5%
5%
1979
96th
Carter
29%
25%
1981
97th
Reagan
4%
6%
1983
98th
Reagan
4%
5%
1985
99th
Reagan
15%
13%
1987
100th
Reagan
8%
7%
1989
101st
Bush, G.H.W.
6%
5%
1991
102nd
Bush, G.H.W.
10%
16%
1993
103rd
Clinton
10%
14%
1995
104th
Clinton
9%
8%
1997
105th
Clinton
13%
10%
1999
106th
Clinton
10%
6%
2001
107th
Bush, G.W.
15%
8%
2003
108th
Bush, G.W.
14%
5%
2005
109th
Bush, G.W.
8%
3%
2007
110th
Bush, G.W.
9%
6%
2009
111th
Obama
7%
6%
2011
112th
Obama
9%
12%
2013
113th
Obama
9%
9%
2015
114th
Obama
4%
5%
2017
115th
Trump
10%
13%
2019
116th
Trump
7%
18%
2021
117th
Biden
1%
6%
2023
118th
Biden
5%
11%
Source: Congressional Research Service.
Notesimmediately 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
immediately prior to the start of a new Congress was immediately prior to the start of a new Congress was
court judgeships that were vacant immediately prior to the start of a new Congress was 7court judgeships that were vacant immediately prior to the start of a new Congress was 7
the beginning of the the beginning of the
beginning of the beginning of the
judgeships that were vacant was 13judgeships that were vacant was 13
two years of the Obama presidency.14
In contrast, the historically low number of circuit court vacancies at the beginning of the two most recent presidencies (i.e., in 2021 and 2025)15 may be attributable, in part, to institutional changes related to cloture and the blue slip process, as well as unified party control of the presidency and Senate in 2020 and 2024.16 In short, these changes, combined with unified party control, allowed the President's party in the Senate to fill almost all circuit court vacancies prior to the start of new Administrations in 2021 and 2025.17
Number and Percentage of Nominees Confirmed Some of the factors that influence the number and percentage of judicial nominees confirmed Some of the factors that influence the number and percentage of judicial nominees confirmedduring any given presidency include the frequency with which judges depart the bench; the speed during any given presidency include the frequency with which judges depart the bench; the speed
with which a presidential Administration vets and selects nominees for vacant judgeships; with which a presidential Administration vets and selects nominees for vacant judgeships;
whether a President is of the same political party as the majority party in the Senate; whether a whether a President is of the same political party as the majority party in the Senate; whether a
congressional session coincides with a presidential election year; and the point in a congressional congressional session coincides with a presidential election year; and the point in a congressional
session when nominations arrive in the Senate.session when nominations arrive in the Senate.18
By Presidency
U.S. Circuit Court Nominees
The median number of U.S. circuit court nominees confirmed during the eight presidencies from 1977 to 2024 was 56.19
single four-year term of George H. W. Bush. single four-year term of George H. W. Bush.
of 83 (Reagan) to a low of 55 during the Obama presidency.of 83 (Reagan) to a low of 55 during the Obama presidency.
presidencies from 1977 to 2024 (which takes into account the number of which takes into account the number of
presidency to a low of presidency to a low of
Table 2. U.S. Circuit and District Court Nominees of Eight Most Recent Presidents:
2024)
President (Congresses, Years)
U.S. Circuit Court Nominees
U.S. District Court Nominees
U.S. Circuit and District Court Nominees (Combined)
Carter (95th-96th, 1977-1980)
N
60
218
278
C
56
202
258
%
93%
93%
93%
Reagan (97th-100th, 1981-1988)
N
94
306
400
C
83
290
373
%
88%
95%
93%
Bush, G.H.W. (101st-102nd, 1989-1992)
N
53
192
245
C
42
148
190
%
79%
77%
78%
Clinton (103rd-106th, 1993-2000)
N
90
350
440
C
65
305
370
%
72%
87%
84%
Bush, G.W. (107th-110th, 2001-2008)
N
85
286
371
C
61
261
322
%
72%
91%
87%
Obama (111th-114th, 2009-2016)
N
68
322
390
C
55
268
323
%
81%
83%
83%
Trump (115th-116th, 2017-2020)
N
57
208
265
C
54
174
228
%
95%
84%
86%
Biden (117th-118th, 2021-2024)
N
51
199
250
C
45
187
232
%
88%
94%
93%
Source: Congressional Research Service.
Notes: This table shows, for each of the past eight Presidents, the number of individuals nominated to U.S. This table shows, for each of the past eight 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 (%)and the percentage confirmed (%), rounded to the nearest whole number. Any individual nominated more than once prior to final action is counted only . 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.
Most recently, during the single term of the Biden presidency, 45 circuit court nominees were confirmed, ranking as the second-lowest number of circuit court nominees confirmed during the eight presidencies included in the analysis. Overall, 88% of President Biden's circuit court nominees were confirmed, representing the fourth-highest percentage of nominees confirmed during this same period.
The Blue Slip Process and Opposition by Home State SenatorsThe blue slip process for U.S. circuit and district court nominations refers to a practice used by the Senate Judiciary Committee in the confirmation of federal judges and other positions. Specifically, when a President nominates an individual to a U.S. circuit or district court judgeship, the chair of the committee sends a blue-colored form to the Senators representing the home state of the nominee. If a home state Senator has no objection to a nominee, he or she returns the blue slip with a positive response. If, however, a Senator has some objection to the nominee and wants to prevent confirmation, he or she might decide not to return the blue slip or to return it with a negative response.
Since the use of blue slips is not codified or included in the committee's rules, the chair of the committee has the discretion to determine the extent to which a home state Senator's negative or withheld blue slip stops a President's judicial nomination from receiving consideration by the committee and, consequently, whether it reaches the Senate floor. There have been recent years when a negative (or unreturned) blue slip precluded Judiciary Committee action on a nomination and, consequently, the nomination was not considered by the full Senate. This policy, for example, characterizes how blue slips were used during the entirety of the Obama presidency (2009-2016) and much of the George W. Bush presidency (2001-2002 and 2005-2008). These years during the Obama and Bush presidencies included both unified and divided party control.
The blue slip policy for U.S. circuit court nominees that was in place during the Obama presidency and much of the George W. Bush presidency was changed in 2017 during the 115th Congress (which coincided with the first year of the first Trump presidency). The revised policy, which has remained in effect to the present, no longer requires a circuit court nominee to receive two positive blue slips from his or her home state Senators in order to be considered by the Senate Judiciary Committee or reported to the full Senate.20 There were also several other years during the period covered by Table 2 for which the committee's blue slip policy did not necessarily preclude committee action on judicial nominations that did not have the support of both home state Senators (e.g., 2003-2004 during the Bush presidency).Regardless of the committee's blue slip policy during a particular Congress, it was nonetheless relatively rare, at least from 1977 through 2016, for the Senate to confirm circuit court nominees who did not have the support of both home state Senators. Overall, from 1977 to 2024, CRS identified a total of 23 circuit court nominees who were confirmed with negative or unreturned blue slips by home state Senators (representing approximately 5% of the total number of circuit court nominees confirmed during this period). All but one of these 23 nominees were confirmed between 2017 and 2024 (representing approximately 29% of all circuit court nominees confirmed since the first nominee was confirmed without the support of both home state Senators following the change in the Judiciary Committee's blue slip policy during the 117th Congress).21
Of the 22 nominees confirmed during the 2017 to 2024 period without the support of one or both home state Senators, 3 were confirmed during the 115th Congress (2017-2018), 14 during the 116th Congress (2019-2020), 2 during the 117th Congress (2021-2022), and 3 during the 118th Congress (2023-2024).22
U.S. District Court NomineesThe median number of U.S. district court nominees confirmed during the eight presidencies from 1977 to 2024 was 232.
As shown by Table 2, the number of U.S. district court nominees confirmed during the eight presidencies 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 termof George H. W. Bush. Of two-term Presidentsof George H. W. Bush. Of two-term Presidents during this period, the number
low of 261 during the George W. Bush presidency.low of 261 during the George W. Bush presidency.
presidencies from 1977 to 2024 (which takes into account the number of which takes into account the number of
median percentage of nominees confirmed by the Senate was 89%. The greatest percentage of nominees were confirmed during the Reagan presidency (greatest percentage of nominees were confirmed during the Reagan presidency (
smallest percentage smallest percentage
term Presidentsterm Presidents during this period, the percentage
presidency.presidency.
Most recently, during the single term of the Biden presidency, 187 district court nominees were confirmed, ranking as the third-lowest number of district court nominees confirmed during the eight presidencies included in the analysis. In contrast, however, 94% of President Biden's district court nominees were confirmed, representing the second-highest percentage of nominees confirmed during this same period.
By Congress U.S. Circuit Court Nominees The median number of U.S. circuit court nominees confirmed during a Congress, from the The median number of U.S. circuit court nominees confirmed during a Congress, from thesubmitted to the Senate was 26). submitted to the Senate was 26).
nominees confirmed during this same period ranged from a low of 2 (during the nominees confirmed during this same period ranged from a low of 2 (during the
2015-2016) to a high of 44 (during the 2015-2016) to a high of 44 (during the
(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
The 17 circuit court nominees confirmed during the 118th Congress (2023-2024) was below the median number of circuit court nominees confirmed during Congresses since 1977 (there were a total of 22 circuit nominees submitted during the 118th Congress, which was also below the median number of nominations submitted to the Senate during Congresses in this period).
The median percentage of circuit court nominees confirmed during a Congress, from the The median percentage of circuit court nominees confirmed during a Congress, from theconfirmed during the confirmed during the
submitted to the Senate during the submitted to the Senate during the
respectively) were confirmed by the Senate.respectively) were confirmed by the Senate.
nominees confirmed during a Congress (92nominees confirmed during a Congress (92
Overall, from 1976 to 2024, there were three Congresses during which fewer than half of the circuit court nominees pending in the Senate were confirmed—the 106th (1999-2000), 110th (2007-2008), and 114th (2015-2016). Each of these Congresses preceded a presidential election year and featured divided party control between the presidency and the Senate majority.
U.S. District Court Nominees
Senate was Senate was
(during the (during the
nominees (121) confirmed during a Congressnominees (121) confirmed during a Congress, while the 118th Congress (2023-2024) had the third-highest number confirmed (119). Additionally, the 116th
number of district court nominees (147) with nominations submitted during a Congress for the number of district court nominees (147) with nominations submitted during a Congress for the
More than 100 district court nominees were submitted during each of the four most recent Congresses, from the 115th (2017-2018) Congress to the 118th (2023-2024). This is the only instance since 1977 that more than 100 district court nominees were submitted to the Senate during four consecutive Congresses.
The median percentage of district court nominees confirmed during a Congress, from the The median percentage of district court nominees confirmed during a Congress, from the30% (during the (during the
99% (during the (during the
nominees confirmed nominees confirmed (92%) during a Congress for the 1977-2020 periodduring a Congress for the 1977-2020 period
of the district court nominees of the district court nominees
pending in the Senate were confirmed—the 114th (2015-2016) and 115th (2017-2018). Table 3. Nominees to U.S. Circuit and District Court Judgeships During Each
(95th Congress to 118th Congress)
Congress (Years)
Nominees
Nominees U.S. Circuit & District Court
Nominees (Combined)
# of Nominees
Nominees Confirmed
# of Nominees
Nominees Confirmed
# of Nominees
Nominees Confirmed
#
%
#
%
#
%
95th (1977-78)
12
12
100%
50
48
96%
62
60
97%
96th (1979-80)
48
44
92%
168
154
92%
216
198
92%
97th (1981-82)
20
19
95%
69
68
99%
89
87
98%
98th (1983-84)
19
14
74%
75
61
81%
94
75
80%
99th (1985-86)
33
33
100%
100
95
95%
133
128
96%
100th (1987-88)
26
17
65%
78
66
85%
104
83
80%
101st (1989-90)
23
22
96%
50
48
96%
73
70
96%
102nd (1991-92)
31
20
65%
144
100
69%
175
120
69%
103rd (1993-94)
22
19
86%
118
107
91%
140
126
90%
104th (1995-96)
20
11
55%
85
62
73%
105
73
70%
105th (1997-98)
30
20
67%
94
79
84%
124
99
80%
106th (1999-00)
34
15
44%
83
57
69%
117
72
62%
107th (2001-02)
32
17
53%
98
83
85%
130
100
77%
108th (2003-04)
34
18
53%
94
85
90%
128
103
81%
109th (2005-06)
28
16
57%
65
35
54%
93
51
55%
110th (2007-08)
23
10
44%
79
58
73%
102
68
67%
111th (2009-10)
25
16
64%
78
44
56%
103
60
58%
112th (2011-12)
25
14
56%
127
97
76%
152
111
73%
113th (2013-14)
26
23
89%
123
109
89%
149
132
89%
114th (2015-16)
9
2
22%
61
18
30%
70
20
29%
115th (2017-18)
43
30
70%
112
53
47%
155
83
54%
116th (2019-20)
26
24
92%
147
121
82%
173
145
84%
117th (2021-22)
37
28
76%
104
68
65%
141
96
68%
118th (2023-24)
22
17
77%
129
119
92%
151
136
90%
Source: Congressional Research Service.
Notes: This table shows, for the 95th Congress through the 118thnominated 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 (%)during each Congress (#); and the percentage of nominees confirmed during the same Congress (%), rounded to the nearest whole number. An . 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
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.
23 U.S. Circuit Court Nominees
During Congresses in which there was unified party control (i.e., the party of the President and 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),the majority party in the Senate were the same),
confirmed was 19, confirmed was 19,
during Congresses in which there was divided party control (i.e., the party of the President was 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),different than the majority party in the Senate),
confirmed was 16, confirmed was 16,
court nominees confirmed by the Senate has been court nominees confirmed by the Senate has been
Congresses. For the Congresses. For the
unified party control, the median unified party control, the median
was divided party control, the median percentage of nominees confirmed was 44%.27
U.S. District Court Nominees
During Congresses in which there was unified party control, the median number of district court During Congresses in which there was unified party control, the median number of district courtnominees confirmed was nominees confirmed was
was was
number of district court nominees confirmed was 60, number of district court nominees confirmed was 60,
confirmed was 73confirmed was 73
number of district court nominees confirmed by the Senate has district court nominees confirmed by the Senate has
recent Congresses.recent Congresses.
was unified party control, the median number of district court nominees confirmed was was unified party control, the median number of district court nominees confirmed was
was divided party control, the median number of district court nominees confirmed was 58was divided party control, the median number of district court nominees confirmed was 58
. 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).
were nominated two or more times prior to being approved by the Senate is also greater for more recent presidencies during the 1977-2024 period. 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
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).
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 (being confirmed by the Senate (
nominated more than once prior to being approved by the Senate declined to 36nominated more than once prior to being approved by the Senate declined to 36
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).
nominated more than once prior to Senate confirmation declined to 33nominated more than once prior to Senate confirmation declined to 33
highest percentage of circuit court nominees nominated more than once prior to Senate approval).highest percentage of circuit court nominees nominated more than once prior to Senate approval).
during the Biden presidency, 14 (31%) were nominated more than once prior to being confirmed. Table 4. Number of U.S. Circuit Court Nominees Who Were Nominated Two or
President
Prior To Final Action Percentage of President
Prior to Being Confirmed
Confirmed
Not Confirmed
Total
Carter
1
0
1
2%
Reagan
6
1
7
7%
Bush, G.H.W.
0
1
1
0%
Clinton
12
10
22
19%
Bush, G.W.
28
11
39
46%
Obama
20
5
25
36%
Trump
18
1
19
33%
Biden
14
1
15
31%
Source: 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 timesprior 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 the overall percentage (rounded to the nearest whole number) of circuit court nominees of circuit 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).
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 George H. W. Bush presidencies) to a high of 13 (during the first Trump presidency).Trump presidency).
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 (confirmed by the Senate (
39% 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).
Most recently, of the 187 district court nominees confirmed by the Senate during the Biden presidency, 59 (32%) were nominated more than once prior to being confirmed.
Table 5. Number of U.S. District Court Nominees Who Were Nominated Two orPresident
Action Percentage of All Confirmed
Prior to Being Confirmed
Confirmed
Not Confirmed
Total
Carter
4
1
5
2%
Reagan
24
2
26
8%
Bush, G.H.W.
2
1
3
1%
Clinton
21
9
30
7%
Bush, G.W.
62
6
68
24%
Obama
104
7
111
39%
Trump
71
13
84
41%
Biden
59
3
62
32%
Source: 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 timesprior 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 the overall percentage (rounded to the nearest whole number) of district court nominees who were confirmed during a presidency and nominated two of district court nominees who were confirmed during a presidency and nominated two
the End of a Congress
Table 6 provides data related to the number of U.S. circuit and district court provides data related to the number of U.S. circuit and district court
by the committee and by the committee and were pending on the pending on the Executive Calendar prior to being returned to the President. prior to being returned to the President.
subsequent Congress and eventually be approved by the Senate.subsequent Congress and eventually be approved by the Senate.
the end of it was not confirmed by the Senate.the end of it was not confirmed by the Senate.
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
16 most recent Congresses (corresponding to most recent Congresses (corresponding to
Obama, Trump, and Biden presidencies), the median number of circuit court Obama, Trump, and Biden presidencies), the median number of circuit court
number of district court nominations returned was approximately 21.number of district court nominations returned was approximately 21.
U.S. Circuit Court Nominees
circuit court nomination returned at the end of the circuit court nomination returned at the end of the
circuit court nominations returned at the end of a Congress since the circuit court nominations returned at the end of a Congress since the
Most recently, there were Most recently, there were
the end of either Congress, the the end of either Congress, the
at the end of the Obama presidency. Table 6. U.S. Circuit and District Court Nominees: Number Whose Nominations
(95th Congress to 117th Congress)
Congress (Years)
U.S. District Court Nominees
Reported
No Hearing
Total
% of All Nominees
Hearing & Reported
Hearing & Not Reported
No Hearing
Total
% of All Nominees
95th (1977-78)
0
0
0
0
0%
1
0
0
1
2%
96th (1979-80)
0
3
1
4
8%
0
6
6
12
7%
97th (1981-82)
0
0
1
1
5%
0
0
1
1
1%
98th (1983-84)
1
1
1
3
16%
5
3
5
13
17%
99th (1985-86)
0
0
0
0
0%
0
1
2
3
3%
100th (1987-88)
2
0
5
7
27%
1
5
3
9
12%
101st (1989-90)
0
0
1
1
4%
0
0
2
2
4%
102nd (1991-92)
0
1
9
10
32%
0
0
42
42
29%
103rd (1993-94)
0
1
2
3
14%
0
2
9
11
9%
104th (1995-96)
4
1
3
8
40%
3
5
12
20
24%
105th (1997-98)
2
1
6
9
30%
2
3
6
11
12%
106th (1999-00)
0
2
15
17
50%
0
2
22
24
29%
107th (2001-02)
0
3
12
15
47%
0
0
15
15
15%
108th (2003-04)
11
3
1
15
44%
0
2
6
8
9%
109th (2005-06)
0
1
9
10
36%
13
1
14
28
43%
110th (2007-08)
0
0
10
10
44%
0
3
17
20
25%
111th (2009-10)
4
0
5
9
36%
16
1
17
34
44%
112th (2011-12)
4
0
3
7
28%
6
4
14
24
19%
113th (2013-14)
0
0
2
2
8%
0
1
10
11
9%
114th (2015-16)
2
1
4
7
78%
18
10
15
43
71%
115th (2017-18)
0
6
6
12
28%
31
17
8
56
50%
116th (2019-20)
0
1
0
1
4%
3
0
18
21
14%
117th (2021-22)
5
3
1
9
24%
19
12
5
36
35%
118th (2023-24)
4
0
0
4
18%
0
2
2
4
3%
Source: Congressional Research Service.
Note: This table shows, for the 95th Congress through the 118thnominations 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).
Percentages are rounded to the nearest whole number. U.S. District Court Nominees
A single district court A single district court
nominations returned at the end of a Congressreturned at the end of a Congress
returned at the end of the returned at the end of the
6, as the , as the
since the since the
97th Congress (1981-19821981-1982
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 not give the Senate adequate time to act
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
number of days from nomination to confirmation by presidency and by Congress.number of days from nomination to confirmation by presidency and by Congress.
court judgeship to when the Senate approves that nominationcourt judgeship to when the Senate approves that nomination
confirmation due to opposition to confirmation due to opposition to
committee and floor scheduling decisions unrelated to committee and floor scheduling decisions unrelated to
delays in receiving requested background information from the nominee.delays in receiving requested background information from the nominee.
Most recently, the median number of days from nomination to confirmation for the 45 circuit court nominees confirmed during the Biden presidency was 140 days.
Following the Reagan presidency, the median number of days from nomination to confirmation increased during each successive presidency with the recent exception of the first Trump presidency—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 approximately 134 days during the first Trump presidency. The decline in the length of time from nomination to confirmation for U.S. circuit court nominees during recent presidencies likely reflects, in part, institutional changes related to cloture and the blue slip process.36
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,37 the length of time from nomination to confirmation ranged from a low of 69 days during the Reagan presidency to a high of 351 days during the George W. Bush presidency.38
Most recently, the average number of days from nomination to confirmation for circuit court nominees confirmed during the first Trump presidency and the Biden presidency was 135 days and 171 days, respectively.
Table 7. U.S. Circuit and District Court(1977 to 2024)
Circuit Court Nominees
District Court Nominees
President
Number Confirmed
Average (Median) # of Days from Nomination to Confirmation
Number Confirmed
Average (Median) # of Days from Nomination to Confirmation
Carter
56
63
202
57
Reagan
83
45
290
41
G.H.W. Bush
42
83
148
93
Clinton
65
139
305
99
G.W. Bush
61
216
261
141
Obama
55
229
268
215
Trump
54
134
174
237
Biden
45
140
187
138
Source: Congressional Research Service.
Notes: This table shows the median number of days from nomination to confirmation for U.S. the median number of days from nomination to confirmation for U.S.365 or More Days from Nomination to Confirmation
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 confirmation. During the Carter, Reagan, and George H. W. Bush presidencies, no circuit court nominees waited 365 days or more to be confirmed. Additionally, no nominees waited 365 days or more to be confirmed during the first Trump presidency.
Figure 1
. 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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
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.
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 Obama presidency, there were 8 circuit court nominees who waited at least one year to be confirmed. Most recently, during the Biden presidency, two circuit court nominees waited 365 days or more to be confirmed.
Overall, 18% of President Clinton's circuit court nominees waited at least 365 days to be confirmed, while 30% of President George W. Bush's nominees waited at least this long (the highest among the eight presidencies) and 15% of President Obama's nominees waited at least 365 days. Most recently, 4% of President Biden's circuit court nominees waited at least 365 days to be confirmed.
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, waited90 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 lowest number among the
. During the first Trump presidency, 20 circuit court nominations 20 circuit court nominations were confirmed within 90 days of being nominated.confirmed within 90 days of being nominated.
confirmed within 90 days of being nominated.confirmed within 90 days of being nominated.
being nominated. During the Reagan presidency, 76% of circuit court nominees were confirmed 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.
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
eight completed presidencies). During the completed presidencies). During the first Trump presidency, 37% of confirmed circuit court nominees Trump presidency, 37% of confirmed circuit court nominees
were confirmed within 90 days of being nominated.were confirmed within 90 days of being nominated.
nominees nominees
(the second-lowest percentage among the eight presidencies). U.S. District Court Nominees
district court nominees ranged from a low of 41district court nominees ranged from a low of 41
increased during each successive completed presidency, increasing by 154% from 93increased during each successive completed presidency, increasing by 154% from 93
during the George H. W. Bush presidency to during the George H. W. Bush presidency to
confirmed during the Biden presidency was 138 days (which, by presidency, was the overall lowest median number of days from nomination to confirmation for district court nominees since the Clinton presidency).
If the average, rather than the median, is used to measure the length of time a President's district court nominees waited from nomination to confirmation, the length of time ranged from a low of 68 days during the Reagan presidency to a high of 276 days during the first Trump presidency.40
Most recently, the average number of days from nomination to confirmation for district court nominees confirmed during the Biden presidency was 163 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 throughconfirmed by the Senate. The confirmed by the Senate. The interactive version of the figure shows information for each nominee, while the particular circuit
time from nomination to confirmation time from nomination to confirmation
for each presidency is labeled on the static version of the figure.41 365 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.
presidency waited 365 or more days from nomination to confirmation.presidency waited 365 or more days from nomination to confirmation.
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 confirmed
Figure 2
. U.S. District Court Nominees: Number of Days from Nomination to Confirmation (1977 to 2024)Figure is interactive in HTML report version.
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Notes: This figure shows the number of days from nomination to confirmation for U.S. district court nominees whose nominations were approved by the Senate from 1977 through 2024. For each presidency, the district court nominee who waited the longest from nomination to confirmation is labeled in the figure.
90 or Fewer Days from Nomination to Confirmation
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 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 months) of being nominated, while President George W. Bush had 41 such nominees. President Obama had five district court nominees, the fewest of the eight presidencies, confirmed within three months of being nominated. President Trump had, during his first term, 15 district court nominees confirmed within 90 or fewer days of being nominated.
Most recently, during the Biden presidency, 48 district court nominees were confirmed within 90 or fewer days of being nominated.
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 within 90 days of nomination, while during the George H. W. Bush presidency 49% of district nominees were confirmed within this time frame.
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 Obama presidency, the percentage of nominees confirmed in 90 or fewer days was 2% (the lowest percentage of the eight presidencies), while 9% of district court nominees during the first Trump presidency were confirmed within 90 or fewer days.
Most recently, during the Biden presidency, 26% of district court nominees were confirmed within 90 days of being nominated.
By Congress Table 8 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 through the 118th Congress. Table 8. U.S. Circuit and District Court Nominees: Median Number of Days from Nomination to Confirmation, by Congress(95th Congress to 118th Congress)
Congress
Years
Circuit Court Nominees
District Court Nominees
Number Confirmed
Median # of Days from Nomination to Confirmation
Number Confirmed
95th
1977-78
12
29
48
38
96th
1979-80
44
67
154
65
97th
1981-82
19
28
68
30
98th
1983-84
14
46
61
26
99th
1985-86
33
45
95
41
100th
1987-88
17
118
66
98
101st
1989-90
22
79
48
73
102nd
1991-92
20
103
100
118
103rd
1993-94
19
99
107
78
104th
1995-96
11
167
62
99
105th
1997-98
20
197
79
139
106th
1999-2000
15
204
57
119
107th
2001-02
17
256
83
126
108th
2003-04
18
201
85
152
109th
2005-06
16
282
35
132
110th
2007-08
10
229
58
199
111th
2009-10
16
253
44
140
112th
2011-12
14
219
97
225
113th
2013-14
23
229
109
203
114th
2015-16
2
331
18
300
115th
2017-18
30
141
53
235
116th
2019-20
24
101
121
238
117th
2021-22
28
121
68
139
118th
2023-24
17
216
119
132
Source: Congressional Research Service.
Note: This table shows, for the 95th Congress through the 118th Congress, the number of U.S. circuit and district court nominees confirmed during each Congress and the median number of days from nomination to confirmation, rounded to the nearest whole number.
For circuit court nominees, the median number of days from nomination to confirmation ranged from a low of 28 days during the 97th Congress (1981-1982) to a high of 331 days during the 114th Congress (2015-2016). The second-shortest median number of days from nomination to confirmation was 29 days during the 95th Congress (1977-1978), while the second-highest median number of days was 282 days during the 109th Congress (2005-2006).
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 Congress, the median number of days from nomination to confirmation (141 days, or 4.6 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 approved by the Senate during the 116th Congress (i.e., 101 days) represented the shortest length of time from nomination to confirmation for circuit court nominees since the 103rd 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.
Most recently, for circuit court nominees confirmed during the 118th Congress (2023-2024), the median number of days from nomination to confirmation increased to 216 days.
The relatively shorter median duration from nomination to confirmation for circuit court nominees during recent Congresses with unified party control was facilitated, at least in part, by the earlier reinterpretation of Senate Rule XXII during the 113th Congress (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).43 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 from nomination to confirmation for circuit court nominees, the average number of days ranged from a low of 33 days during the 95th Congress (1977-1978) to a high of 563 days during the 109th Congress (2005-2006). Most recently, during the 118th Congress (2023-2024), the average length of time from nomination to confirmation for circuit court nominees was 236 days.
U.S. District Court NomineesFor 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 300 days 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 (2019-2020).44
The median number of days from nomination to confirmation for district court nominees confirmed during the 117th Congress was 139 days. This was the first Congress since the 111th Congress (2009-2010) that the median number of days from nomination to confirmation for district court nominees was below 200 days. Most recently, during the 118th Congress (2023-2024), the median number of days from nomination to confirmation for district court nominees was 132 days. This is the first instance since the 110th Congress (2007-2008) and 111th Congress (2009-2010) that the median time from nomination to confirmation for district court nominees was below 200 days for two consecutive Congresses.
The average number of days from nomination to confirmation for U.S. district court nominees during this period ranged from a low of 33 days during the 97th Congress (1981-1982) to a high of 302 days during the 114th Congress (2015-2016). The second-lowest average wait time for district court nominees occurred during the 98th Congress (1983-1984), at 37 days, and the second-longest average wait time occurred during the 116th Congress (2019-2020), at 285 days. Most recently, during the 118th Congress (2023-2024), the average length of time from nomination to confirmation for district court nominees was 181 days.
By Presidency and Congress Figure 4 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 2024 period (i.e., from the 95th through the 118th Congress). U.S. Circuit Court NomineesFor circuit court nominees, the five greatest increases in the number of median days from nomination to confirmation occurred during the 114th Congress (2015-2016), an increase of 102 days from the 113th Congress (2013-2014); the 118th Congress (2023-2024), an increase of 95 days from the 117th Congress (2021-2022); the 109th Congress (2005-2006), an increase of approximately 81 days from the 108th Congress (2003-2004); the 100th Congress (1987-1988), an increase of 73 days from the 99th Congress (1985-1986); and the 104th Congress (1995-1996), an increase of 68 days from the 103rd Congress (1993-1994).
As shown by the figure, from the 114th Congress (2015-2016) to the 115th Congress (2017-2018), the median number of days from nomination to confirmation for U.S. circuit court nominees declined from 331 to 141 days45 and declined further from the 115th to 116th Congress (2019-2020), from 141 to 101 days. The median number of days from nomination to confirmation increased by 20 days from 101 days during the 116th Congress (2019-2020) to 121 days during the 117th Congress (2021-2022).
Most recently, the median number of days from nomination to confirmation for circuit court nominees increased by 95 days from 121 days during the 117th Congress (2021-2022) to 216 days during the 118th Congress (2023-2024).
Figure 3. U.S. Circuit and District Court Nominees: Median Number of Days from Nomination to Confirmation, by Presidency and Congress
(1977 to 2024)
Source: Congressional Research Service.
Note: 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 118th Congress (Biden presidency).
For district court nominees, the five greatest increases in the median number of days from nomination to confirmation occurred during the 114th Congress (2015-2016), an increase of 97 days from the 113th Congress (2013-2014); the 112th Congress (2011-2012), an increase of 85 days from the 111th Congress (2009-2010); the 110th Congress (2007-2008), an increase of 67 days from the 109th Congress (2005-2006); the 100th Congress (1987-1988), an increase of 57 days from the 99th Congress (1985-1986); and the 102nd Congress (1991-1992), an increase of 46 days from the 101st Congress (1989-1990).
More recently, from the 114th Congress (2015-2016) to the 115th Congress (2017-2018), the median number of days from nomination to confirmation for U.S. district court nominees declined from approximately 300 days to 235 days46 and increased slightly, from 235 to 238 days, during the 116th Congress (2019-2020).
During the 117th Congress (2021-2022), the median time from nomination to confirmation for district court nominees was 139 days—a decline of nearly 100 days (or 3.3 months) from the median number of days of 238 days during the 116th Congress (2019-2020). This decline in the median number of days from nomination to confirmation from the 116th Congress to 117th Congress represents, since the 95th Congress (1977-1978), the greatest decline in the median number of days from nomination to confirmation for district court nominees from any Congress to the immediate subsequent one.
Most recently, the median number of days from nomination to confirmation for district court nominees decreased by 7 days from 139 days during the 117th Congress (2021-2022) to 132 days during the 118th Congress (2023-2024). The median length of time from nomination to confirmation for district court nominees during the 118th Congress was the shortest length of time for district court nominees since the 109th Congress (2005-2006).
Time from Nomination to Committee HearingThe 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 executive clerk, read on the floor, and then immediately referred to the Judiciary Committee.47
The Judiciary Committee's processing of the nomination typically consists of three stages—a prehearing phase, the holding of a hearing on the nomination, and voting on whether to report the nomination to the Senate.48 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 typically is held for more than one judicial nominee at a time.
As shown in Table 9, the median length of time from nomination to committee hearing for circuit and district court nominees has varied across presidencies.49 U.S. Circuit Court NomineesBy presidency, the median number of days from nomination to committee hearing for U.S. circuit court nominees ranged from a low of 23 days (during the Reagan presidency) to a high of 145 days (during the George W. Bush presidency).50
Most recently, during the Biden presidency, the median number of days from nomination to committee hearing for circuit court nominees was 28 days (which was the second-fewest number of days among the eight presidencies included in Table 9).51 Table 9. U.S. Circuit and District Court Nominees: Median Number of Days from Nomination to Committee Hearing(1977-2024)
President
Circuit Court Nominees
District Court Nominees
Median Number of Days from Nomination to Hearing
Median Number of Days from Nomination to Hearing
Carter
39
38
Reagan
23
22
G.H.W. Bush
66
65
Clinton
91
68
G.W. Bush
145
86
Obama
76
78
Trump
55
65
Biden
28
28
Source: Congressional Research Service.
Note: This table shows, by presidency, the median number of days (rounded to the nearest whole number) from nomination to hearing for U.S. circuit and district court nominees from 1977 through 2024.
The median number of days from nomination to committee hearing for U.S. district court nominees ranged from a low of 22 (during the Reagan presidency) to a high of 86 days (during the George W. Bush presidency).52
Most recently, during the Biden presidency, the median number of days from nomination to committee hearing for district court nominees was 28 days (which was the second-fewest number of days among the eight presidencies included in Table 9).53 Time from Committee Report to ConfirmationAfter a nominee receives a hearing by the Judiciary Committee, he awaits a vote by the committee on whether his nomination will be reported to the Senate as a whole.54 If the nomination is not put to the committee for a vote, or if the committee votes against reporting it (i.e., rejects the nomination),55 the nomination will not move forward, ultimately failing to receive Senate confirmation.
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 committee votes on a nomination, it votes to report favorably. The committee, however, may vote (as it has done in the past on rare occasions) to report the nomination unfavorably or without recommendation.56 Such a vote advances the nomination for Senate consideration despite the lack of majority support by the committee. After a nomination is reported by the Judiciary Committee, it is listed on the Executive Calendar and is eligible for floor consideration.57
The nominees 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) and all were confirmed by the Senate.58
U.S. Circuit Court NomineesThere 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.59
Specifically, of the eight presidencies included in the analysis, 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 days (during the Obama presidency).60 Most recently, during the Biden presidency, the median number of days from committee report to confirmation for U.S. circuit court nominees was 74 days (the second-highest median among the presidencies included in Table 10). Table 10. U.S. Circuit and District Court Nominees: Median Number of Days from Committee Report to Confirmation(1977-2024)
President
Circuit Court Nominees
District Court Nominees
Median Number of Days from Committee Report to Confirmation
Median Number of Days from Committee Report to Confirmation
Carter
2
2
Reagan
4
4
G.H.W. Bush
1
1
Clinton
13
8
G.W. Bush
14
19
Obama
98
84
Trump
25
110
Biden
74
41
Source: Congressional Research Service.
Note: 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 2024.
Most recently, during the Biden presidency, the median number of days from committee report to confirmation for U.S. district court nominees was 41 days.
Ratings by the American Bar AssociationSince 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 court judgeships by the American Bar Association (ABA).63
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 the committee is to assist the White House in assessing whether prospective judicial nominees should be nominated.64 It seeks to do so by providing what it describes as an "impartial peer-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."65
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."66
Following the multistep evaluation process by the committee,67 a nominee is given an official rating of "Well Qualified," "Qualified," or "Not Qualified."68
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 judicial candidate's ABA rating in deciding whether to nominate him or her.69
U.S. Circuit Court Nominees As shown by Table 11, for each of the eight presidencies included in the analysis, a majority of a President's confirmed circuit court 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 this particular rating by the ABA. For example, the percentage who received a Well Qualified rating ranged from a low of 57% during the Reagan presidency to a high of 82% during the Biden presidency.Seven of eight presidencies listed in the table did not have any confirmed U.S. circuit court nominees rated as Not Qualified by the ABA. The first Trump presidency (2017-2020) had three confirmed circuit court nominees rated as Not Qualified.70
Table 11. U.S. Circuit and District Court Nominees: Official Ratings by the American Bar Association for Nominees Confirmed by the Senate(1977-2024)
President
Circuit Court Nominees
District Court Nominees
Well Qualified
Qualified
Not Qualified
Well Qualified
Qualified
Not Qualified
75%
25%
0%
51%
48%
2%
Reagan
57%
43%
0%
54%
46%
0%
G.H.W. Bush
62%
38%
0%
57%
43%
0%
Clinton
75%
25%
0%
59%
40%
1%
G.W. Bush
69%
31%
0%
69%
29%
2%
Obama
80%
20%
0%
59%
41%
0%
Trump
78%
17%
6%
68%
29%
3%
Biden
82%
18%
0%
85%
16%
0%
Source: 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 courtnominees who received an official rating of nominees who received an official rating of
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 nomineethe rating that receives a majority vote by the ABA committee is the nominee
received such a rating during this period is included in the percentage of nominees who received a received such a rating during this period is included in the percentage of nominees who received a
As shown byAs shown by Table 11, a majority of U.S. district court nominees a majority of U.S. district court nominees confirmed during each of the eight presidencies included in the analysis
were rated as Well Qualified by the ABA. The percentage who received a percentage who received a
presidency to a high of presidency to a high of
district court nominees were rated as district court nominees were rated as
presidency.presidency.
H. W. Bush, Obama, and Biden presidencies were rated as Not Qualified. Frequency of Roll Call Votes Used to Confirm
Nominees The Senate may confirm nominations by unanimous consent, voice vote, or by recorded roll call 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 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 will be taken on the nomination if the Senate has ordered
Senators is necessary to order the roll call.Senators is necessary to order the roll call.
consent or by voice vote. As shown byconsent or by voice vote. As shown by Figures
lower federal court nominees has become much more common during recent presidencies.lower federal court nominees has become much more common during recent presidencies.
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, 7the Carter, Reagan, and George H. W. Bush presidencies. Specifically, 7
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.
one-quarter (one-quarter (
confirmation.confirmation.
74
Figure 4. U.S. Circuit Court Nominees: Percentage Confirmed by Roll Call Vote
(1977-2024)
Source: Congressional Research Service.
Note: This figure shows the percentage of U.S. circuit court nominees confirmed by This figure shows the percentage of U.S. circuit court nominees confirmed byunanimous consent from the Carter presidency through the unanimous consent from the Carter presidency through the
nominees were approved using roll call votes, with 80nominees were approved using roll call votes, with 80
confirmed in this manner.confirmed in this manner.
increased further during increased further during
confirmed by roll call vote.confirmed by roll call vote.
all circuit court nominees all circuit court nominees
during each of the Carter and Reagan presidencies. And as shown by during each of the Carter and Reagan presidencies. And as shown by Figure
nominees were confirmed by roll call vote during nominees were confirmed by roll call vote during the George H. W. BushGeorge H. W. Bush
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
(1977-2024)
Source: Congressional Research Service.Congressional Research Service.Note: This figure shows the percentage of U.S. district court nominees confirmed by This figure shows the percentage of U.S. district court nominees confirmed by
or unanimous consent from the Carter presidency through the or unanimous consent from the Carter presidency through the
Clinton presidency, with 10Clinton presidency, with 10
nominees were confirmed by roll call vote—specifically, 54nominees were confirmed by roll call vote—specifically, 54
confirmed in this way.confirmed in this way.
with 81with 81
vote.vote.
by roll call vote is attributable, in by roll call vote is attributable, in large part, to the decline in unanimous consent agreements during part, to the decline in unanimous consent agreements during
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.
82 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 express opposition to
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.
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 Presidentusing five ranges to reflect the number of nay votes received by a President
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
and George H. W. Bush presidencies, and George H. W. Bush presidencies,
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 least during this era, of roll call votes generally being
which there was more than nominal opposition by more than a handful of Senators.83 Along these lines, the figure also shows that most circuit court nominees were confirmed by voice vote or unanimous consent (specifically, 93%, 94%, and 98% of nominees during the Carter, Reagan, and G.H.W. Bush presidencies, respectively).
Figure 6.
(1977-2024)
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 confirmation from the Carter presidency through the at the time of confirmation from the Carter presidency through the
using five ranges to reflect the number of nay votes received by a Presidentusing five ranges to reflect the number of nay votes received by a President
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 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 does not include any nominations during this period that were rejected by
with circuit court nominees during the three earlier presidencies included in the analysis, this may 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 reflect the practice of generally using roll call votes to confirm nominees for whom there was
more than minimal opposition in the Senate.more than minimal opposition in the Senate.
during during both the George W. Bush and Obama presidencies, a majority of circuit court nominees 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 approved by roll call during both presidencies were nonetheless confirmed without receiving any
confirmed by roll call vote received zero nay votes. And during the Obama presidency, 26 confirmed by roll call vote received zero nay votes. And during the Obama presidency, 26
levels of opposition by the Senate minority party.levels of opposition by the Senate minority party.
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 nominees (35 of 54, or
having received more than 40 nay votes. An additional 6 nominees (or 11having received more than 40 nay votes. An additional 6 nominees (or 11
received 31 to 40 nay votes at the time of confirmation.received 31 to 40 nay votes at the time of confirmation.
confirmed after having received more than 40 nay votes. Another confirmed after having received more than 40 nay votes. Another
court to which he court to which he or she was nominated—when confirmed by the Senate was Abner J. Mikva, D.C. was nominated—when confirmed by the Senate was Abner J. Mikva, D.C.
Circuit, 31 nay votes (Carter); Daniel A. Manion, Seventh Circuit, 46 Circuit, 31 nay votes (Carter); Daniel A. Manion, Seventh Circuit, 46
Edward E. Carnes, Eleventh Circuit, 36 Edward E. Carnes, Eleventh Circuit, 36
Ninth Circuit, 41 Ninth Circuit, 41
nays (George W. Bush); David J. Barron, First Circuit, 45 (George W. Bush); David J. Barron, First Circuit, 45
Eighth Circuit, 50 nays (Trump)Eighth Circuit, 50 nays (Trump)
, 49 nays (Biden).85 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 was, As with the confirmation of circuit court nominees during this era, the use of roll call votes was,
in general, limited to confirming nominations for which there was more than nominal opposition in general, limited to confirming nominations for which there was more than nominal opposition
by a handful of Senators.by a handful of Senators.
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 (81court nominees who were confirmed by roll call vote, 26 (81
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 received zero nay votes. Specifically, during the Bush presidency, 136 of 141, or
district court nominees confirmed by roll call received zero nay votesdistrict court nominees confirmed by roll call received zero nay votes (this was also the first instance during a presidency when a majority of district court nominees were confirmed by roll call vote rather than by voice vote or unanimous consent). And during the Obama . And during the Obama
presidency, 95 (presidency, 95 (
nay votes (while another 36, or nay votes (while another 36, or
the time of confirmation. the time of confirmation.
nay votes when confirmed by the Senate, while another 20 nominees, or 14nay votes when confirmed by the Senate, while another 20 nominees, or 14
nay votes at the time of confirmation.nay votes at the time of confirmation.
nominees nominees who were confirmed by roll call vote received zero nay votes at the time of confirmationconfirmed by roll call vote received zero nay votes at the time of confirmation (while 4 nominees received between 1 and 10 nay votes). A majority of the 181 nominees confirmed by roll call vote received more than 40 nay votes when confirmed—specifically, 127 nominees (or 70%). This is also the first instance in which a majority of district court nominees during a presidency were confirmed after having received more than 40 nay votes (i.e., 68% of all nominees, including those confirmed by voice vote or unanimous consent).
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);
by any of President Trumpby any of President Trump
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
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
Congress. Such interest is demonstrated especially at the time circuit and district court Congress. Such interest is demonstrated especially at the time circuit and district court
of circuit or district court nominees frequently mention or emphasize the particular demographic of circuit or district court nominees frequently mention or emphasize the particular demographic
characteristics of nominees who would enhance the diversity of the federal judiciary.characteristics of nominees who would enhance the diversity of the federal judiciary.
88 Gender
U.S. Circuit Court Nominees
Figure 7 shows that, shows that,
confirmed U.S. circuit court nominees who were women ranged from a low of 7confirmed U.S. circuit court nominees who were women ranged from a low of 7
Reagan presidency to a high of Reagan presidency to a high of
Additionally, among the eight presidencies, the median number of women confirmed to U.S. circuit court judgeships was approximately 15 (with the fewest number, 6, confirmed during the Reagan presidency and the greatest number, 31, confirmed during the Biden presidency).
As of August 5, 2025, 105 (59%) of 177 active circuit court judges were men and 72 (41%) were women (this includes all active circuit court judges appointed by any President).
Figure 7. U.S. Circuit Court Nominees: Percentage of Nominees Confirmed by Gender
(1977-2024)
Source: Congressional Research Service.
Note: This figure shows the percentage of confirmed U.S. circuit court nominees by gender from the Carter presidency to the Biden presidency.
to U.S. to U.S.
presidency and the greatest number, presidency and the greatest number,
As of August 5, 2025, 371 (59%) of 630 active district court judges were men and 259 (41%) were women (this includes all active circuit court judges appointed by any President).
Figure 8. U.S. District Court Nominee: Percentage of Nominees Confirmed by Gender
(1977-2024)
Source: Congressional Research Service.
Note: This figure shows the percentage of confirmed U.S. district court nominees by gender from the Carter presidency to the Biden presidency.
As of August 5, 2025, 120 (68%) of 177 active circuit court judges were White and 57 (32%) were nonwhite (this includes all active circuit court judges appointed by any President).
The percentage of confirmed circuit court nominees who were African American ranged from a low of 0% during the first Trump presidency to a high of 33% during the Biden presidency. The percentage of confirmed nominees who were Hispanic ranged from a low of 1% during the Reagan presidency to a high of 18% during the Biden presidency. The percentage of Asian American confirmed nominees ranged from a low of 0% during the Reagan, George H. W. Bush, and George W. Bush presidencies to a high of 13% during the first Trump presidency and the Biden presidency.
Table 12. U.S. Circuit Court Nominees: Percentage Confirmed by Race(1977-2024)
President
White
Nonwhite
African American
Hispanic
Asian American
Biden
36%
33%
18%
13%
Trump
85%
0%
2%
13%
Obama
66%
16%
11%
7%
G.W. Bush
86%
10%
5%
0%
Clinton
74%
14%
11%
2%
G.H.W. Bush
91%
5%
5%
0%
Reagan
98%
1%
1%
0%
Carter
80%
15%
3%
2%
Source: Congressional Research Service.
Notes: This table shows, from the Carter presidency to the Biden presidency, 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 compiled from publicly available sources.
As of August 5, 2025, 408 (65%) of 630 active district court judges were White and 222 (35%) were nonwhite (this includes all active district court judges appointed by any President).
The percentage of confirmed district court nominees who were African American ranged from a low of 2% during the Reagan presidency to a high of 22% during the Biden presidency. The percentage of confirmed nominees who were Hispanic ranged from a low of 4% during the George H. W. Bush presidency to a high of 14% during the Biden presidency. The percentage of Asian American confirmed nominees ranged from a low of 0% during the George H. W. Bush presidency to a high of 14% during the Biden presidency. The Biden presidency also had the greatest percentage of confirmed district court nominees not included in the other four groups (e.g., biracial nominees).
President
White
Nonwhite
African American
Hispanic
Asian American
Other
Biden
42%
22%
14%
14%
8%
Trump
83%
5%
5%
3%
3%
Obama
63%
19%
9%
5%
3%
G.W. Bush
81%
7%
10%
2%
0%
Clinton
75%
17%
6%
1%
<1%
G.H.W. Bush
89%
7%
4%
0%
0%
Reagan
93%
2%
5%
1%
0%
Carter
78%
14%
7%
1%
1%
Source: Congressional Research Service.
Notes: This table shows, from the Carter presidency to the Biden presidency, 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 compiled from publicly available sources. The "Other" category includes American Indian nominees, biracial or multiracial nominees, or nominees for whom a race is unspecified.
Amber Hope Wilhelm, Visual Information Specialist, prepared figures included in this report. Sarah J. Eckman, Analyst in American National Government, Raymond Williams, former Research Assistant for the Congress and Judiciary Section, and Tyler Wolanin, former Research Assistant for the Congress and Judiciary Section, assisted with data presented in this report.
Footnotes
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 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."
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, 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. 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.
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 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," Judicature, vol. 86 (July/August 2002), p. 25.
The U.S. courts of appeals are routinely referred to as "circuit courts" throughout the text of this report.
For discussion by scholars of the Senate's increased interest in the judicial appointment process in recent decades, see Nancy Scherer, Scoring Points; Politicians, Activists, and the Lower Federal Court Appointment Process (Stanford, CA: Stanford University Press, 2005), p. 271 (hereinafter cited as Scherer, Scoring Points). See also Sarah A. Binder and Forrest Maltzman, Advice & Dissent: The Struggle to Shape the Federal Judiciary (Brookings Institution Press, 2009), p. 198. For two forums in which numerous Senators expressed, in detailed statements, their views concerning the lower court appointment process, see U.S. Congress, Senate Committee on the 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 (GPO, 2002), p. 276; and U.S. Congress, Senate Committee on the Judiciary, Subcommittee on Constitution, Civil Rights and 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 (GPO, 2003), p. 393.
This period includes the 95th Congress through the 118th Congress.
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 contracts, patents, trademarks, certain money claims against the U.S. government, federal personnel, veterans' benefits, and public safety officers' benefits claims.
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 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.
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 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.
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 judgeships that were authorized on that same date. Note that, over the course of the eight presidencies included in this 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.
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 middle value when considering the entire group of percentages of vacant circuit court judgeships on January 1 during this period. The median is less affected than the average by outliers or extreme cases. Consequently, for the purposes of this report, the median may be a better measure of central tendency.
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 pending on the Senate Executive Calendar). 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 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 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 end of the Congress.
Data for the 119th Congress (2025-2026) are not yet included in this report. The percentage of circuit court judgeships that were vacant on January 1, 2025, prior to the start of the 119th Congress, was 1%.
For additional information on these topics, see CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki. See also CRS Report R44975, The Blue Slip Process for U.S. Circuit and District Court Nominations (1917-Present), by Barry J. McMillion.
For additional information, see CRS Insight IN12518, U.S. Circuit Court Vacancies at the Beginning of New Presidencies: Historical Overview and Analysis, by Barry J. McMillion.
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).
For the purposes of this report, the circuit court statistics presented throughout the report for the George W. Bush presidency include Roger L. Gregory, who received a recess appointment to the Fourth Circuit by President Clinton but was later nominated to the same judgeship by President G.W. Bush and confirmed by the Senate. Additionally, the circuit court calculations for the G.W. Bush presidency exclude Charles W. Pickering, Sr., who received a recess appointment to the Fifth Circuit by President G.W. Bush but who was not later confirmed by the Senate.
The blue slip policy for district court nominees was not changed in 2017 and has not, as of this writing, been changed from the past practice of requiring such nominees to have the support of both home state Senators.
The blue slip status for the circuit court nominees confirmed without the support of both home state Senators 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.
Additionally, as of this writing, there has been one circuit court nominee confirmed during the 119th Congress without the support of one or both home state Senators. For a full list of the circuit court nominees confirmed from 2018 to the present without two positive blue slips, see Table 2 in CRS Report R44975, The Blue Slip Process for U.S. Circuit and District Court Nominations (1917-Present), by Barry J. McMillion.
This part of the analysis omits the 107th Congress (during which majority party control of the Senate changed prior to the end of the Congress).
These Congresses include the 95th, 96th, 97th, 98th, 99th, 103rd, 108th, 109th, 111th, 112th, 113th, 115th, 116th, 117th, and 118th.
These Congresses include the 100th, 101st, 102nd, 104th, 105th, 106th, 110th, and 114th.
These Congresses include the 103rd, 108th, 109th, 111th, 112th, 113th, 115th, 116th, 117th, and 118th.
These Congresses include the 104th, 105th, 106th, 110th, and 114th.
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 115, while during Congresses with divided control the median number of nominations submitted was 83. In contrast, there was not a comparatively large difference in the median number of circuit court nominations submitted during Congresses with unified or divided control (26 and 23, respectively).
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.
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.
These data do not include nominations that were returned to a President or withdrawn by a President at times other than at the end of a Congress. They also excludes nominations that were rejected by the Senate in up-or-down roll call votes.
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.
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 indication as to how the length of time from nomination to confirmation has changed over time for a typical circuit or district court nominee.
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.
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.
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 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 first Trump presidency itself. This 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 Congressional Record, daily edition, vol. 159 (November 21, 2013), 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, Congressional Record, daily 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," U.S. News & World Report, November 16, 2017, at https://www.usnews.com/news/politics/articles/2017-11-16/sen-grassley-opts-to-ignore-blue-slips-against-trump-judicial-nominees. Both of the changes discussed above, as of this writing, have remained in effect during subsequent Congresses (including the entirety of the Biden presidency).
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 confirmation were particularly long relative to a President's other nominees who were confirmed by the Senate. 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.
The average number of days from nomination to confirmation for U.S. circuit court nominees confirmed during the Clinton and Obama presidencies was 238 days and 260 days, respectively.
As shown by the figure, the circuit court nominee who experienced the longest period of time from nomination to confirmation across all eight presidencies was Richard A. Paez, who waited 1,505 days, or approximately four years, to be confirmed after first being nominated by President Clinton in 1996 (he was confirmed in 2000). 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) to be confirmed after first being nominated by President G.W. Bush in 2001 (she was confirmed in 2005).
The average number of days from nomination to confirmation for U.S. district court nominees confirmed during the Clinton and Obama presidencies was 136 days and 225 days, respectively.
As shown by the figure, the district court nominee who experienced the longest period of time from nomination to confirmation (across all eight presidencies) was Faith S. Hochberg, who waited 1,444 days, or nearly four years, to be confirmed after first being nominated by President Clinton in 1995 (she was confirmed in 1999). 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 3.7 years) to be confirmed after first being nominated by President G.W. Bush in 2002 (he was confirmed in 2006).
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.
Both changes, as of this writing, have remained in effect during subsequent Congresses.
The median number of days from nomination to confirmation 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).
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.
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.
The nomination is referred to the Judiciary Committee as a result of two Senate rules—specifically Rule 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, Senate Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth Rybicki (under heading "Receipt and Referral").
Senate rules also permit the Senate to discharge the Judiciary Committee from a nomination by unanimous consent or by motion or resolution. During the 117th Congress, six judicial nominations were placed on the Executive Calendar as a result of a majority of the Senate agreeing by motion to discharge the nominations from the Judiciary Committee (each of the motions was subject to a roll call vote). These are the only instances identified by CRS, since at least the early 1940s, of the Judiciary Committee being discharged of a circuit or district court nomination. For further discussion of this issue, see CRS Report R43762, The Appointment Process for U.S. Circuit and District Court Nominations: An Overview, by Barry J. McMillion.
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.
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.
During the Biden presidency, the number of days from nomination to committee hearing for circuit court nominees ranged from a low of 6 days to 107 days.
The average number of days from nomination to committee hearing for U.S. district court nominees ranged from a low of 43 days during the Reagan presidency to a high of 120 days during the G.W. Bush presidency. The second-shortest average wait time from nomination to hearing for district court nominees was during the Carter presidency (51 days), while the second-longest was during the Clinton presidency (97 days). Most recently, during the Biden presidency, the average number of days from nomination to committee hearing for district court nominees was 56 days.
During the Biden presidency, the number of days from nomination to committee hearing for district court nominees ranged from a low of 2 days to 152 days.
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 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, six 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 Biden presidency, these six nominations from the 117th Congress are not included in the analysis.
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 outcome in committee for the previously rejected nominee.
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 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 instances of lower court nominations reported by the Judiciary Committee other than favorably, see CRS Report R40470, U.S. Circuit and District Court Nominations: Senate Rejections and Committee Votes Other Than to Report Favorably, 1939-2013, by Barry J. McMillion.
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 R43762, The Appointment Process for U.S. Circuit and District Court Nominations: An Overview, by Barry J. McMillion.
Note, though, that not all nominees who are reported by the Senate Judiciary Committee are ultimately confirmed by the Senate.
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.
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.
Most recently, the average number of days from committee report to confirmation for district court nominees confirmed during the Biden presidency was 64 days.
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 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 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," Governance Studies at Brookings, April 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 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 investigation in the prenomination stage. See Debra Cassens Weiss, "Like Trump, Biden asks ABA to start judicial ratings process after nominations are made," ABA Journal, February 3, 2021, at https://www.abajournal.com/news/article/like-trump-biden-asks-aba-to-start-judicial-ratings-process-after-nominations-are-made. During the period covered by the report, there have also been, at times, varying perspectives among Senators about the role of ABA ratings in evaluating a President's nominees to the federal bench.
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 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/Backgrounder.authcheckdam.pdf (hereinafter cited as ABA Standing Committee; What It Is).
ABA Standing Committee; What It Is, p. 1.
ABA Standing Committee; What It Is, p. 1.
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.
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 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.
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 particular nominees, see Don Walton, "American Bar Association defends its negative rating of Nebraska judge nominee," Lincoln Journal Star, 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-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 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-be-confirmed.
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 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 first Trump presidency, 5 received a rating of Not Qualified.
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.
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 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.
During the G.W. Bush presidency, 49 of 61 circuit court nominees were confirmed by roll call vote.
During the Obama presidency, 49 of 55 circuit court nominees were confirmed by roll call vote.
Each of the 54 circuit court nominees confirmed by the Senate during the first Trump presidency were confirmed by roll call vote, as were each of the 45 circuit court nominees confirmed during the Biden presidency.
During the Clinton presidency, 32 of 305 district court nominees were confirmed by roll call vote.
During the G.W. Bush presidency, 141 of 261 district court nominees were confirmed by roll call vote.
During the Obama presidency, 173 of 268 district court nominees were confirmed by roll call vote. And during the first Trump presidency, 141 of 174 district court nominees were confirmed by roll call vote.
Specifically, 6 of 181 district court nominees were confirmed by roll call vote.
For additional information on the procedural tracks followed by the Senate in confirming lower federal court nomination, see CRS Report R43762, The Appointment Process for U.S. Circuit and District Court Nominations: An Overview, by Barry J. McMillion.
Or at least the desire by more than a handful of Senators to be formally on the record in opposition to a nomination.
At least some of this opposition might have been 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.
On December 11, 2018, former Vice President Mike Pence cast a tie-breaking vote and the Senate approved the Kobes nomination by a vote of 51-50.
On December 5, 2023, former Vice President Kamala Harris cast a tie-breaking vote and the Senate approved the AliKhan nomination by a vote of 51-50.
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. 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 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, Congressional Record, 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 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 text of the letter, see https://www.documentcloud.org/documents/1009668-cbc-judges-letter-to-the-president.html.
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. 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, Congressional Record, daily edition, April 4, 2011, p.S2079; Sen. Roger Wicker, "Executive Session," Remarks in the Senate, Congressional Record, daily edition, November 4, 2013, p.S7791; Sen. Pat Toomey, "Executive Session," Remarks in the Senate, Congressional Record, daily edition, January 11, 2016; Sen. Amy Klobuchar, "Executive Session," Remarks in the Senate, Congressional Record, daily edition, January 19, 2016, p. S84; and Sen. Cory Booker, "Executive Session," Remarks in the Senate, Congressional Record, daily edition, January 27, 2016, p. S242.
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 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. 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 of Columbia by President Truman in 1949.
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 "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 individuals who identify as Hispanic or Latino may be of any race. Ibid.