Order Code RL31868
CRS Report for Congress
Received through the CRS Web
U.S. Circuit and District Court Nominations
by President George W. Bush
During the 107th and 108th Congresses
Updated April 18, 2005
Denis Steven Rutkus
Specialist in American National Government
Government and Finance Division
Congressional Research Service ˜ The Library of Congress

---

U.S. Circuit and District Court Nominations by
President George W. Bush
During the 107th and 108th Congresses
Summary
This report lists and provides statistics on President George W. Bush’s
nominations to U.S. district courts and courts of appeal (circuit courts) during the
107th and 108th Congresses and actions taken on the nominations by the Senate
Judiciary Committee and the full Senate. The statistics can be compared with those
for previous Congresses and presidencies in CRS Report RL31635, Judicial
Nomination Statistics: U.S. District and Circuit Courts, 1977-2003, by Denis Steven
Rutkus and Mitchel A. Sollenberger.
During the 107th and 108th Congresses, the Senate confirmed 35 of President
Bush’s 52 nominees to U.S. circuit courts. During the 107th Congress, the Senate
confirmed 17 of his 32 circuit nominees. Of 15 nominees not confirmed, nine did not
receive a Judiciary Committee hearing, no committee vote was taken on four others,
and the committee voted not to report two others. All 15 nominees not confirmed
were returned to the President at the end of the 107th Congress, and the President
renominated 14 of them at the start of the 108th Congress. During the 108th
Congress, the President nominated 34 persons to circuit court judgeships (14
renominations plus 20 new nominations), of whom 18 were confirmed. Of the 16
circuit nominees not confirmed, one did not have a hearing, no committee vote was
taken on three others, and 12, although reported out of committee, did not receive
final Senate votes. For 10 of the 12 nominees not voted on, one or more motions
to close debate on their nominations failed. President Bush gave two of these 10
nominees temporary recess appointments during the 108th Congress. Of the 16
circuit nominees not confirmed during the 108th Congress, one was withdrawn by the
President, and the other 15 were returned to the President at the end of the Congress.
Early in the 109th Congress, the President renominated 12 of these 15 returnees,
including seven on whose nominations motions to close debate had failed.
The Senate confirmed 170 of President Bush’s 179 nominees to U.S. district
courts during the 107th and 108th Congresses. During the 107th Congress, the Senate
confirmed 83 of the President’s 98 district court nominees. Of 15 nominees not
confirmed, none had a committee hearing. All 15 nominees not confirmed were
returned to the President at the end of the 107th Congress, and the President
renominated them all at the start of the 108th Congress. During the 108th Congress,
the President made 96 district court nominations (15 renominations plus 81 new
nominations), of which 87 were confirmed. Of the nine nominees not confirmed,
seven did not have a hearing, and no committee vote was taken on two others. Of the
nine district nominees not confirmed, one was withdrawn by the President, and the
other eight were returned to the President at the end of the 108th Congress. Early in
the 109th Congress, the President renominated all of these eight returnees.
The length of time needed to confirm circuit and district court nominees varied
widely. For example, during the 107th Congress, for the 17 nominees confirmed for
the circuit courts, the number of days elapsed between nomination date and date of
the Senate vote ranged from 17 days to 441 days, with an average of 210 days.

---

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
The Judicial Appointment Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Structure and Contents of the Nominations Tables . . . . . . . . . . . . . . . . . . . . 4
Statistical Findings from the Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Circuit Court Nominations (Tables 1 and 2) . . . . . . . . . . . . . . . . . . . . . 7
District Court Nominations (Tables 3 and 4) . . . . . . . . . . . . . . . . . . . . 11
List of Tables
Table 1. President George W. Bush’s Nominations to the U.S. Circuit
Court of Appeals During the 107th Congress,
January 20, 2001-November 20, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Table 2. President George W. Bush’s Nominations to the U.S. Circuit
Courts of Appeals During the 108th Congress,
January 7, 2003-December 8, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Table 3. President George W. Bush’s Nominations to the U.S. District Courts
During the 107th Congress, January 20, 2001-November 20, 2002 . . . . . . . 30
Table 4. President George W. Bush’s Nominations to the U.S. District Courts
During the 108th Congress, January 7, 2003-December 8, 2004 . . . . . . . . . 40

---

U.S. Circuit and District Court Nominations
by President George W. Bush
During the 107th and 108th Congresses
Introduction
In recent years, the process by which lower federal court judges are nominated
by the President and confirmed by the Senate has been of increasing interest to
Congress. In order to provide Congress with a continuing overview of this process,
the following report lists and provides statistics on all of President George W. Bush’s
nominations to U.S. courts of appeals and U.S. district courts during the 107th and
108th Congresses, and any actions taken on these nominations by the Senate Judiciary
Committee and the full Senate.1 The statistics can be compared with corresponding
statistics for previous Congresses in CRS Report RL31635, Judicial Nomination
Statistics: U.S. District and Circuit Courts, 1977-2003, by Denis Steven Rutkus and
Mitchel A. Sollenberger.
U.S. courts of appeals review appeals from federal trial court opinions and are
empowered to review and enforce the orders of many administrative agencies. Cases
presented to these courts are generally considered by judges sitting in three-member
panels. Altogether, 179 permanent appellate court judgeships are authorized by law.
Courts within the courts of appeals system are often called “circuit courts,” because
they are divided into 12 geographic circuits and an additional nationwide circuit
having specialized subject matter jurisdiction. In this report, nominations to U.S.
courts of appeals judgeships are referred to as “circuit court nominations.”
U.S. district courts are the trial courts of general federal jurisdiction. Each state
has at least one district court, while some states have as many as four. There are 678
district court judgeships authorized by law, including those for the District of
Columbia, the Commonwealths of Puerto Rico and the Northern Mariana Islands,
and the territories of Guam and the U.S. Virgin Islands.2
1 This report is in keeping with earlier CRS reports which tracked actions taken on judicial
nominations by other recent Presidents. See CRS Report 98-510, Judicial Nominations by
President Clinton During the 103rd-106th Congresses, by Denis Steven Rutkus; archived
CRS Report 93-395, President [George H.W.] Bush’s Judicial Nominations During the
101st-102nd Congresses, by Denis Steven Rutkus (available from author). See also CRS
Report RL32134, U.S. Circuit and District Court Nominations: Resubmissions, 1977-2004,
by Mitchel A. Sollenberger.
2 The 678 total consists of 667 permanently authorized judgeships and 11 “temporary”
judgeships (which pursuant to statute temporarily increase the number of judgeships for
specified judicial districts, with these districts reverting back to the permanently authorized
(continued...)

---

CRS-2
President Bush’s nominations to these two court systems are listed below in four
tables—Table 1 and Table 2 for circuit court nominations in the 107th and 108th
Congresses, respectively, and Table 3 and Table 4 for district court nominations in
the respective Congresses. The tables show how far in the appointment process each
nomination progressed and how many days elapsed in the process.
The tables, it should be emphasized, account for every instance in which a
district or circuit court nomination was made, including renominations of individuals
to the same judgeship. As is discussed below, some of President Bush’s nominees
were nominated to a district or circuit judgeship more than once within a Congress,
or nominated to the judgeship in more than one Congress. Accordingly, the text of
this report frequently distinguishes between the number of nominations made by
President Bush and the actual number of persons nominated—with counts of the
number of persons nominated excluding renominations.
Preceding the tables is introductory text, which provides (1) a brief overview
of the principal steps in the judicial appointment process; (2) a brief description of
the structure and contents of the four tables and the methodology used in gathering
the tabular data; and (3) selected appointment statistics for circuit and district court
nominations in the 107th and 108th Congresses, which are derived from the tables.3
This report focuses on judicial nominations made by the President and Senate
actions taken on the nominations by the Senate Judiciary Committee and the Senate.
On rare occasions, appointments to federal courts also have been made without
submitting a nomination to the Senate, when a President exercises his constitutional
power to make “recess appointments.” Specifically, Article III, Section 2, clause 3
of the Constitution of the United States empowers the President to “fill up all
Vacancies that may happen during the Recess of the Senate, by granting
Commissions which shall expire at the end of their next Session.” President Bush
thus far during his presidency has made two recess appointments to circuit courts and
none to district courts.4
2 (...continued)
number of judgeships at a future time fixed by the statute—typically, when, after a specified
number of years, a judgeship in the district is vacated). All but four of the 678 judgeships
entail lifetime appointments. The four exceptions are the one judgeship each in Guam and
the Northern Marianas, and the two in the Virgin Islands, to which judges are appointed for
10-year terms.
3 The statistics include total number of nominations submitted to the Senate; number
receiving committee hearings, committee votes, and Senate or other final action; and
average time taken to conduct hearings, committee votes, and Senate votes on the
nominations. As noted above, distinctions are made in the text between number of
nominations (including renominations) and number of persons actually nominated.
4 On Jan. 26, 2004, President Bush recess-appointed Charles W. Pickering, Sr., of
Mississippi to the U.S. Court of Appeals for the Fifth Circuit. Judge Pickering’s
appointment expired on Dec. 8, 2004, at the end of the second session of the 108th Congress,
and he retired. On Feb. 20, 2004, President Bush named William H. Pryor of Alabama to
the Eleventh Circuit Court of Appeals. Judge Pryor’s recess appointment expires at the end
(continued...)

---

CRS-3
The Judicial Appointment Process

Under the Constitution of the United States, the President and the Senate share
the responsibility for filling vacancies within the federal judiciary.5 While it is the
President who nominates persons to fill federal judgeships, the appointment of each
nominee also requires Senate confirmation. Although not mentioned in the
Constitution, the Senate Committee on the Judiciary also plays an important role
midway in the process—after the President selects, but before the Senate as a whole
considers, the nominee.
The process for making lifetime appointments to U.S. district court and circuit
court of appeals judgeships entails the same formal steps as those involved in the
appointment of justices to the Supreme Court.6 The process officially begins when
the President selects someone to fill a judicial vacancy, submitting a nomination in
writing to the Senate. Usually on the same day it is received by the Senate, the
nomination is referred to the Committee on the Judiciary (the Senate committee
having jurisdiction over district and circuit, as well as most other federal, court
nominations). In the next step in the appointment process, the Judiciary Committee
holds a hearing on the nomination. Then, the committee votes on whether to report
the nomination to the full Senate. A committee vote to report (even a vote to report
with an unfavorable recommendation) sends the nomination forward to be considered
by the Senate as a whole, while a vote against reporting (historically, a very rare
occurrence) prevents the nomination from going forward, and in effect defeats the
nomination in committee. The final step in the appointment process occurs when
the Senate votes to confirm or disapprove the nomination. A vote to confirm requires
a simple majority of Senators present and voting. (But see discussion in next
paragraph of super-majority required under Senate rules to close debate on a judicial
nomination.) If the Senate votes in the negative on whether to confirm, the
nomination is defeated, and a resolution of disapproval is forwarded to the President.
As with nominations in general, judicial nominations sometimes fail to advance
through each procedural step in the appointment process. After referral to
committee, a nomination might not receive a hearing or, after receiving a hearing,
might not receive a committee vote on whether it should be reported. Even if
favorably reported by committee, the nomination might not receive a vote by the
Senate on whether to confirm. A nomination, for instance, will not, under Senate
rules, receive a vote on whether to confirm if some Senators oppose taking such a
vote and a super-majority of three-fifths of the full membership of the Senate fails
4 (...continued)
of the first session of the 109th Congress.
5 Article II, Section 2, clause 2 of the Constitution 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....”
6 See CRS Report RL31989, Supreme Court Appointment Process: Roles of the President,
Judiciary Committee, and Senate, by Denis Steven Rutkus; and CRS Report RL31980,
Consideration of Presidential Nominations: Committee and Floor Procedure, by Elizabeth
Rybicki.

---

CRS-4
to vote in favor of a motion to close debate on the nomination.7 If it fails to receive
a Senate vote, the nomination ultimately will be either withdrawn by the President
or returned to the President by the Secretary of the Senate upon a Senate adjournment
or recess of more than 30 days.8
Structure and Contents of the Nominations Tables
Tables 1-4, below, were generated from a CRS database of nomination dates
and actions created by Mitchel A. Sollenberger, former CRS Analyst in American
National Government, with guidance from Denis Steven Rutkus, CRS Specialist in
American National Government. The data for the CRS database were collected
primarily from the Presidential Nominations database in the Legislative Information
System of the U.S. Congress (LIS)9 and from daily editions of volumes 147-150 of
the Congressional Record (for the years 2001-2004).
Table 1 and Table 2 list all President Bush’s nominations to U.S. circuit court
judgeships during the 107th and 108th Congresses, respectively. (Table 1 excludes
from its listing nine circuit court nominations submitted at the start of the 107th
Congress by outgoing President William J. Clinton.10) In turn, Table 3 and Table
4 list all President Bush’s district court nominations during the same two
congressional time periods. Table 2 and Table 4 also show which nominations
returned to President Bush at the end of the 108th Congress were “resubmitted” by the
President as new nominations early in the 109th.
Nominations in all four tables are listed in chronological order according to the
date on which each nomination was received by the Senate. The tables show how far
along each nomination progressed in the appointment process and how many days
elapsed in the process. The procedural progress of each nomination is shown by
separate columns which indicate, respectively, the date on which any of the following
occurred:
7 See CRS Report RS20801, Cloture Attempts on Nominations, by Richard S. Beth.
8 Rule XXXI, paragraph 6, Standing Rules of the Senate, provides, in part, that “if the
Senate shall adjourn or take a recess for more than thirty days, all nominations pending and
not finally acted upon at the time of taking such adjournment or recess shall be returned by
the Secretary to the President and shall not again be considered unless they shall again be
made to the Senate by the President.”
9 Available at [http://www.congress.gov/nomis/search.html]. The Presidential Nominations
database, covering the 97th through the 109th Congresses, provides for each nomination the
name of the nominee, nominee’s state of residence, appointive position, date of nomination,
hearing date, date of committee vote, date of Senate action, and type of Senate vote
(including roll call vote numbers).
10 These nominations were submitted at the very beginning of the 107th Congress but in the
final weeks of President Clinton’s second term. All nine of these nominations were
withdrawn by President Bush on March 19, 2001, although one of the nine nominees, Roger
L. Gregory of Virginia, was renominated by President Bush on May 9, 2001, and confirmed
by the Senate on July 20, 2001.

---

CRS-5
! the Judiciary Committee held a hearing on the nomination;
! the Judiciary Committee voted to report or take other action on the
nomination;
! the Senate voted for confirmation, or some other action occurred.
In the “Senate vote” column, a date by itself indicates that the Senate, on the
date given, confirmed the nominee by voice vote or by unanimous consent. A
confirmation date, with a vote tally underneath, indicates that Senate confirmation
was by a roll call vote. This column also shows the final disposition of nominations
failing to receive Senate confirmation. An entry of “Returned, 11/20/02,” for
example, indicates that the nomination was returned to the President on November
20, 2002 (upon the final adjournment of the 107th Congress).11 An entry of
“Withdrawn 03/19/01,” as another example, indicates that, on that date, the
nomination was withdrawn by the President.12 The dates and roll call votes of other
procedural actions affecting nominations, such as motions to close debate, also have
been entered in the “Senate vote” column.
The tables also show, for each nomination, the length of time that passed before
a committee hearing, committee vote, or Senate vote took place. For each
nomination, separate columns present the number of days which elapsed between the
Senate’s receipt of the nomination and the dates on which it received a hearing,
committee vote, or Senate vote. Also, at the bottom of each of these three columns,
the tables show the average number of days which elapsed between the President’s
submission of judicial nominations to the Senate and the dates on which the
nominations received hearings, committee votes, or Senate votes. Each elapsed
time average, for the nominations in question, is shown in two forms—as the mean
number, and as the median number, of elapsed days.13
11 Each such return occurs pursuant to Senate Rule XXXI, paragraph 6, which, as explained
earlier, provides for nominations to be returned to the President if the Senate adjourns or
takes a recess for more than 30 days.
12 A President may withdraw a nomination for any number of reasons. The March 19, 2001
withdrawal by President Bush of nine nominations submitted earlier by President William
J. Clinton, listed in Table 1, was in keeping with the usual practice of incoming Presidents
to withdraw pending nominations submitted by their predecessors. Presidents also
sometimes withdraw their own nominations. A President might do so, for example, if the
Senate committee to which the nomination has been referred either has voted against
reporting the nomination to the Senate, or has made clear its intention not to act on the
nomination; if the nomination, even if reported, is likely to face substantial opposition on
the Senate floor; or if the nominee has requested that the nomination be withdrawn. Thus
far in his presidency, George W. Bush has withdrawn only one of his circuit nominations
and one of his district court nominations. See, in Table 2, the Jan. 7, 2003, circuit court
nomination of Miguel A. Estrada, which, at the nominee’s request, was withdrawn by the
President on Sept. 4, 2003, following seven unsuccessful votes in the Senate by Estrada
supporters to close debate on the nomination. In Table 4, see the Jan. 7, 2003 nomination
of Frederick W. Rohlfing III, which was withdrawn by the President on May 6, 2004.
13 The mean number is the sum of the number of elapsed days for all of the nominations
in question divided by the number of those nominations. The median number is either (1)
the elapsed number of days for the nomination in the middle of the distribution of all the
(continued...)

---

CRS-6
The time averages presented in the tables are calculated from time-elapsed data
for specific nominations, as opposed to overall time an individual might have been
in nominee status. Thus, in the case of an individual nominated twice to the same
judgeship, time-elapsed data are counted separately for each nomination—rather
than, for instance, measuring the time between a nominee’s first nomination and any
action (hearing, committee vote, or Senate vote) on the nominee’s second
nomination. A nomination not receiving a committee hearing, committee vote, or
Senate vote is excluded from the calculation of average time between the nomination
date and this particular procedural step. Also, three nominations in which nominees
received hearings were, nevertheless, excluded from the calculations of average time
between nomination and hearing, because the hearings in all three instances preceded
the nomination dates.14
As noted above, some individuals were nominated more than once to a
judgeship within the same Congress . Table 1 includes 20 circuit court nominations,
submitted by President Bush during the 107th Congress, between May 9 and August
2, 2001, which the Senate returned to the President on August 3, 2001, at the start of
the Senate’s August 2001 recess, pursuant to Senate Rule XXXI. Table 3 includes
20 district court nominations submitted by President Bush during the 107th Congress,
between June 18 and August 2, 2001, which the Senate returned at the start of its
August 2001 recess. When the Senate reconvened on September 4, 2001, President
Bush renominated all 40 of the individuals involved. Footnotes to each of these
“resubmitted” nominations are provided, indicating that the nominees had been
nominated earlier to the same judgeships. Similarly, footnotes to the initial 20 circuit
and 20 district court nominations that were returned to the President indicate that the
nominees in question were later renominated. Also, within the 108th Congress, three
individuals, as Table 2 shows, were nominated to circuit judgeships twice, once in
the first session and again in the second session.15
Apart from nominations resubmitted within the same Congress, various of
President Bush’s judicial nominees have been nominated in more than one Congress.
Table 2, for example, shows that the first 14 circuit court nominations in the 108th
Congress were of individuals previously nominated in the 107th Congress. Likewise,
13 (...continued)
nominations in question, with an equal number of the nominations having longer elapsed
times than that nomination and an equal number of nominations having shorter elapsed
times or (2) the mean of the elapsed number of days for the two nominations in the middle
of the distribution if there is no one middle nomination.
14 In Table 1, see circuit court nomination of Sharon Prost on Sept. 4, 2001; in anticipation
of this nomination, the Judiciary Committee held a hearing for Ms. Prost on Aug. 27, 2001.
In Table 3, see district court nominations of Reggie B. Walton and Terry L. Wooten on
Sept. 4, 2001; in anticipation of these nominations, the Judiciary Committee held a hearing
for Mr. Walton on Aug. 22, 2001 and a hearing for Mr. Wooten on Aug. 27, 2001.
15 See the Jan. 7, 2003 and Jan. 6, 2004 nominations of Charles W. Pickering, Sr., of
Mississippi to the Fifth Circuit; the Apr. 9, 2003 and Mar. 12, 2004 nominations of William
H. Pryor, Jr., of Alabama to the Eleventh Circuit; and the Apr. 28, 2003 and Jan. 20, 2004
nominations of Claude A. Allen of Virginia to the Fourth Circuit.

---

CRS-7
Table 4 shows that the first 15 district court nominations in the 108th Congress were
of individuals previously nominated in the 107th Congress.16
More recently, in the 109th Congress, President Bush’s first 20 judicial
nominations were all resubmissions from the 108th Congress. Submitted on February
14, 2005, early in the 109th Congress, the 20 resubmissions involved 12 circuit
nominees and eight district court nominees who had earlier nominations returned to
the President at the final adjournment of the 108th Congress.17 Moreover, six of the
12 circuit nominees had been nominated in two prior Congresses—in the 107th as
well as in the 108th—as had two of the eight district court nominees.18
Statistical Findings from the Tables19
Circuit Court Nominations (Tables 1 and 2). Altogether, during the 107th
and 108th Congresses, 35 of President Bush’s 52 nominees to the U.S. circuit courts
received Senate confirmation. Of the 17 nominees not confirmed, the nomination
of one was returned at the end of the 107th Congress and not resubmitted in the 108th
Congress,20 the nomination of another was withdrawn by the President during the
108th Congress,21 and the nominations of 15 circuit nominees were returned to the
President at the end of the 108th Congress. Early in the 109th Congress, 12 of the 15
persons whose nominations were returned at the end of the 108th Congress were
renominated by President Bush.
None of President Bush’s circuit nominations was rejected by a Senate vote,
although in the 107th Congress two nominees were defeated in committee votes
16 All of these resubmitted nominations are footnoted in Tables 2 and 4 to indicate that the
persons involved also had been nominated in the 107th Congress.
17 All of the nominations returned at the end of the 108th Congress which were resubmitted
in the 109th Congress have footnotes in Tables 2 and 4 to indicate that fact.
18 See in Tables 1 and 2 the circuit court nominations in the 107th and 108th Congresses of
Terrence W. Boyle, Priscilla Richman Owen, Richard A. Griffin, David W. McKeague,
Susan Bieke Neilson, and Henry W. Saad. See in Tables 3 and 4 the district court
nominations in the 107th and 108th Congresses of Thomas L. Ludington and James C. Dever,
III.
19 Judicial nominations statistics for the 107th Congress and the first session of the 108th
Congress can be compared with corresponding statistics for previous Congresses in CRS
Report RL31635, Judicial Nominations Statistics: U.S. District and Circuit Courts, 1977-
2003, by Denis Steven Rutkus and Mitchel A. Sollenberger. This report provides a
comparative look—from presidency to presidency, from Congress to Congress, and from
one congressional session to another—at the number of district and circuit court
nominations submitted to the Senate, the number and percentage receiving committee and
Senate action, and the average time taken to hold hearings, conduct committee votes and
conduct Senate votes on the nominations.
20 See in Table 1 the Oct. 9, 2001 nomination of William H. Steele of Alabama to the
Eleventh Circuit.
21 See in Table 2 the Jan. 7, 2003 nomination of Miguel A. Estrada of Virginia to the D.C.
Circuit.

---

CRS-8
(when the committee voted not to report their nominations to the Senate).22 In the
108th Congress, the two nominees defeated in committee in the previous Congress
were renominated by President Bush and this time were reported out favorably by the
Senate Judiciary Committee. They and eight other circuit nominees, however, failed
to receive final Senate votes after one or more motions to close debate on their
nominations proved unsuccessful. Two of the 10 circuit nominees on whom the
Senate could not agree to close debate (including one of the two defeated in
committee in the 107th Congress) were given temporary recess appointments by
President Bush during recesses in the 108th Congress.23
During the 107th Congress, President Bush nominated 32 individuals to circuit
court judgeships.24 Of the 32 circuit nominees, 17 were confirmed by the Senate (14
by roll call votes),25 and 15 saw their nominations returned to the President at the
final adjournment of the 107th Congress. Of the 15 nominees not confirmed, nine
did not receive a Judiciary committee hearing, no committee vote was taken on four
others, and the committee voted not to report two others. All 15 nominees not
22 On separate occasions, two circuit court nominations were defeated in the Judiciary
Committee. In the case of both nominations, the committee defeated successive motions to
report favorably, to report without recommendation, and to report unfavorably. See the
Sept. 4, 2001 nominations of Priscilla Richman Owen of Texas and Charles W. Pickering,
Sr., of Mississippi, both to the Fifth Circuit. (President Bush had nominated both of these
individuals earlier—Owen on May 9, 2001, and Pickering on May 25, 2001; neither of the
earlier nominations, however, received committee or Senate action before being returned
to the President at the start of the Senate’s August 2001 recess.)
23 On Jan. 16, 2004, between the first and second sessions of the 108th Congress, Charles
W. Pickering, Sr., of Mississippi (whose nomination in the 107th Congress had been rejected
by the Senate Judiciary Committee) was recess appointed to the Fifth Circuit by President
Bush. The appointment expired on Dec. 8, 2004, at the end of the second session of the
108th Congress. Judge Pickering retired at that time and was not renominated by President
Bush in the 109th Congress. In Table 2, see Jan. 7, 2003 and Feb. 6, 2004 nominations of
Judge Pickering, both of which were returned to the President on Dec. 8, 2004.
On Feb. 20, 2004, during a recess within the second session of the 108th Congress,
William H. Pryor, Jr., of Alabama was recess appointed to the Eleventh Circuit by President
Bush. The appointment will expire at the end of the first session of the 109th Congress. In
Table 2 see the Apr. 9, 2003 and Mar. 12, 2004 nominations of Mr. Pryor, both of which
were returned to the President on Dec. 8, 2004.
24 President Bush actually submitted a total of 52 circuit court nominations to the Senate
during the 107th Congress. Twenty of the 52 nominations, however, were resubmissions,
i.e., renominations of persons nominated earlier in the Congress. The resubmissions
occurred when 20 circuit nominations, which had been returned by the Senate to President
Bush at the beginning of the Senate’s August 2001 recess, were resubmitted as new
nominations upon the Senate’s reconvening in Sept. 2001. Hence, the number of individuals
nominated by President Bush to circuit judgeships, after subtracting 20 from 52 (to prevent
double counting the 20 individuals who were nominated twice) was 32.
25 The closest roll call was the 55-44 vote, on Nov. 19, 2002, confirming Dennis Shedd
of South Carolina to the Fourth Circuit; the second-closest was the 64-35 vote, on July 31,
2002, confirming D. Brooks Smith of Pennsylvania to the Third Circuit. In all the other roll
call votes on whether to confirm circuit court nominations, the Senate voted unanimously
in favor of confirmation, except for one roll call, in which one “nay” vote was recorded.

---

CRS-9
confirmed were returned to the President at the end of the 107th Congress, and the
President renominated 14 of them at the start of the 108th Congress.
During the 108th Congress, President Bush nominated 34 individuals to circuit
court judgeships, including the 14 who had first been nominated in the 107th
Congress and then resubmitted in the 108th Congress. Of the 34 nominees,18
(including five of the resubmissions) were confirmed by the Senate (14 by roll call
votes,26 four by voice votes), the nomination of one was withdrawn by the President
during the first session of the 108th Congress, and the nominations of 15 were
returned at the Congress’s final adjournment. All but one of the 34 nominees
received a hearing (31 during the 108th Congress, two during the prior Congress),27
and 30 were reported out of committee, all favorably. Of the 16 circuit nominees
not confirmed, one did not receive a committee hearing, no committee vote was
taken on three others, and 12 did not receive final Senate votes. In the case of 10 of
the 12 nominees, cloture motions filed to close debate on their nominations failed to
receive the required 60 votes.28 Two of the 10 nominations on which motions to
close debate failed were of the two persons who had been defeated in the Senate
Judiciary Committee in the 107th Congress.29 The nomination of one of the other 10
26 The closest roll call vote on whether to confirm was the 52-41 vote, on Apr. 29, 2003,
confirming Jeffrey S. Sutton of Ohio to the Sixth Circuit; the second-closest was the 58-41
vote, on Apr. 1, 2003, confirming Timothy M. Tymkovich of Colorado to the Tenth Circuit.
Substantial, though lesser, number of votes against confirmation were cast in the 66-25 vote
on May 5, 2003 to confirm Deborah L. Cook of Ohio to the Sixth Circuit, the 70-27 vote on
June 24, 2004, to confirm Diane S. Sykes of Wisconsin to the Seventh Circuit, and the 74-19
vote on Mar. 13, 2003 vote to confirm Jay S. Bybee of Nevada to the Ninth Circuit. In the
10 other roll call confirmation votes for circuit nominees, the Senate voted in favor of
confirmation unanimously or with one “nay” vote recorded.
27 Two of the three circuit court nominees during the 108th Congress who did not receive
hearings during that Congress—Miguel Estrada of Virginia and Charles W. Pickering, Sr.,
of Mississippi—had received hearings during the 107th Congress. The third circuit nominee
not to receive a hearing during the 108th Congress, Terrence W. Boyle of North Carolina,
had been nominated twice earlier, during the 107th Congress, and had not received a hearing
on either of these nominations as well. Between his first nomination on May 9, 2001 in
the107th Congress and the return of his third nomination to the President at the final
adjournment of the 108th Congress on Dec. 8, 2004, Boyle was a circuit court nominee for
more than three sessions of Congress without receiving a hearing. Subsequently, however,
in the 109th Congress, Boyle was nominated to the circuit court a fourth time by President
Bush, on Feb. 14, 2005, and received a hearing on this nomination on Mar. 3, 2005.
28 The Senate can close debate by passing a cloture motion, which requires a super-majority
of three-fifths of the Senate, or 60 Members, voting in favor. The ten nominations on which
the Senate voted, on one or more occasions, not to close debate were those of Miguel
Estrada of Virginia, Richard A. Griffin of Michigan, Carolyn A. Kuhl of California, David
W. McKeague of Michigan, Priscilla Richman Owen of Texas, Charles W. Pickering, Sr.,
of Mississippi, Henry W. Saad of Michigan, William H. Pryor, Jr., of Alabama, William
Gerry Myers III of Idaho, and Janice R. Brown of California. On each of these occasions,
as Table 2 shows, the number of votes needed to close debate fell short of 60.
29 See earlier footnote regarding the votes by the Senate Judiciary Committee in 2001
against reporting the nominations of Priscilla Richman Owen and Charles W. Pickering.

---

CRS-10
nominees was withdrawn by the President, after seven unsuccessful motions were
made in the Senate to close debate on the nomination.30

Early in the 109th Congress, the President renominated 12 of the persons whose
circuit court nominations had been returned at the end of the previous Congress,
including seven of the 10 on which motions to close debate had failed.
During the 107th and 108th Congresses, President Bush’s circuit court
nominations varied considerably in how quickly they advanced through the judicial
appointment process:31
! For 22 of the 23 circuit nominations receiving committee hearings
during the 107th Congress,32 an average of 154 days elapsed between
the date a nomination was received in the Senate and the holding of
a hearing; the briefest time elapsing from Senate receipt to
committee hearing was nine days, the longest time 387 days. For the
31 circuit nominations receiving hearings during the 108th Congress,
an average of 145 days elapsed between the date the nomination was
received in the Senate and the holding of a hearing; the briefest time
elapsing from Senate receipt to committee hearing was (for three
nominations) 22 days, the longest time was 610 days.
! For the 19 circuit nominations receiving committee votes during the
107th Congress, an average of 193 days elapsed between Senate
receipt and committee vote; the briefest time elapsing from Senate
receipt to committee vote was two days,33 the longest time (for two
nominations) was 436 days. For the 30 circuit nominations
receiving committee votes during the 108th Congress, an average of
173 days elapsed between Senate receipt and committee vote; the
30 See Jan. 7, 2003 nomination of Miguel A. Estrada, which was withdrawn by the
President on Sept. 4, 2003, following seven Senate votes on motions to close debate on the
nomination.
31 As discussed, the time averages presented in all four tables are calculated from time-
elapsed data for specific nominations. Hence, in the case of an individual nominated to the
same judgeship twice within the same Congress, time-elapsed data are counted separately
for each nomination (rather than measuring time between the first nomination and any action
taken on the second nomination).
32 A 23rd circuit court nomination also received a committee hearing, but it was excluded
from the calculation of average elapsed time between date of nomination and committee
hearing because its hearing date preceded its nomination date. See the Sept. 24, 2001
nomination of Sharon Prost, in anticipation of which the Senate Judiciary Committee held
a hearing, on Aug. 27, 2001.
33 The nomination which received a committee vote just two days after its receipt by the
Senate was a resubmission of an earlier nomination to the same judgeship. See the Sept. 4,
2001 nomination of Sharon Prost of the District of Columbia to the District of Columbia
Circuit. A hearing was held on Aug. 27, 2001, in anticipation of Ms. Prost’s renomination,
paving the way for a committee vote after Senate receipt of the nomination without the need
for a hearing first.

---

CRS-11
briefest time elapsing from Senate receipt to committee vote was 23
days, the longest time 636 days.
! For the 17 circuit nominations receiving final Senate votes (all in
favor of confirmation) during the 107th Congress, an average of 210
days elapsed between Senate receipt and final Senate vote; the
briefest time elapsing from Senate receipt to Senate confirmation
vote was 17 days, the longest time 441 days. For the 18 circuit
nominations which, during the 108th Congress, received Senate
votes on whether to confirm, an average of 140 days elapsed
between Senate receipt and final Senate vote; the briefest time
elapsing from Senate receipt to Senate confirmation vote was 65
days, the longest time was 234 days.34
At first glance, two of the above-mentioned time averages in the 108th Congress
involving circuit court nominations might appear to be contradictory. Specifically,
it will be noted, the average number of days that elapsed between Senate receipt and
committee vote for circuit nominations, 173, was greater than the average number of
days elapsing between Senate receipt and final Senate vote, 140. Due to the fact that
committee votes on nominations precede final votes in the Senate on whether to
confirm, the average time between Senate receipt and committee vote might
ordinarily be expected to be less, not more, than the average time between Senate
receipt and final Senate vote. In the 108th Congress, however, the average number
of days elapsed between Senate receipt and committee vote was affected by 11 circuit
court nominations which did not receive final Senate votes.35 For six of these 11
circuit court nominations, the number of days that elapsed between dates of Senate
receipt and committee votes ranged between 268 and 636 days36—all, in other words,
much greater than the average of 140 days that elapsed between Senate receipt of
circuit nominations and Senate votes on whether they should be confirmed.
District Court Nominations (Tables 3 and 4). Altogether, during the
107th and 108th Congresses, 170 of President Bush’s 179 nominees to the U.S. district
courts received Senate confirmation, the nomination of one was withdrawn during
the 108th Congress, and the nominations of eight were returned to the President at the
end of the 108th Congress. Early in the 109th Congress, all eight of the persons whose
34 Excluded from the measurement and averaging of times from Senate receipt to final
Senate vote were the 10 circuit nominations during the 108th Congress on which there were
votes on motions to close Senate debate but no final votes on whether to confirm.
35 In the case of 10 of the 11 circuit nominations, the Senate did vote on the procedural
question of whether close to close debate, but not on the final question of whether to
confirm.
36 Table 2 shows that the number of days that elapsed from Senate receipt to committee
action were as follows for these six circuit court nominations which did not receive Senate
votes on whether to confirm: Jan. 7, 2003 nominations of Richard A. Griffin of Michigan
and David W. McKeague of Michigan—both 560 days; Jan. 7, 2003 nomination of Susan
Bieke Neilson of Michigan—636 days; Charles W. Pickering, Sr., of Mississippi—268 days;
Jan. 7, 2003 nomination of Henry W. Saad of Michigan—527 days; and May 15, 2003
nomination of William Gerry Meyers, III, of Idaho—322 days.

---

CRS-12
nominations were returned at the end of the 108th Congress were renominated by
President Bush. None of President Bush’s district court nominations was rejected by
a Senate vote or defeated in a committee vote.
During the 107th Congress, President Bush nominated 98 individuals to district
court judgeships.37 Of the 98 district court nominees, 83 were confirmed by the
Senate (45 by roll call votes),38 after receiving committee hearings and being
reported out of committee favorably. The 15 district court nominees who failed to
be confirmed saw their nominations returned to the President at the final adjournment
of the 107th Congress, with none having received committee hearings or committee
votes. All 15, however, were renominated by President Bush in the 108th Congress,
with 12 of the 15 receiving Senate confirmation in that Congress.
During the108th Congress, President Bush nominated 96 individuals to district
court judgeships. Of these, 87 were confirmed (58 by roll call votes), eight saw their
nominations returned at the end of the Congress, and the nomination of one was
withdrawn.39 In all but three of the 58 roll calls, the Senate voted unanimously in
favor of confirmation.40 All of the 87 nominees who were confirmed received
committee hearings and were reported out of committee favorably, except for one,
whose nomination was reported out of committee without recommendation.41 Of the
nine nominees not confirmed, seven did not receive a hearing, and no committee vote
was taken on two others.42 One of the nine district nominees not confirmed, as
37 President Bush actually submitted a total of 118 district court nominations to the Senate
during the 107th Congress. Twenty of the 118 nominations, however, were resubmissions.
The resubmissions occurred when 20 district nominations, which had been returned by the
Senate to President Bush at the beginning of the Senate’s August 2001 recess, were
resubmitted as new nominations upon the Senate’s reconvening in September 2001. Hence,
the number of individuals nominated by President Bush to district judgeships, after
subtracting 20 from 118 (to prevent double counting the 20 individuals who were
nominated twice) was 98.
38 In all except one of the roll calls, the Senate voted unanimously in favor of confirmation.
The sole roll call in which “nay” votes were cast against a district court nomination was the
67-20 vote, on May 13, 2002, to confirm Paul G. Cassell to the U.S. District Court for the
District of Utah.
39 See in Table 4 the Jan. 7, 2003 nomination of Frederick W. Rohlfing III to the U.S.
District Court for the District of Hawaii, which was withdrawn by the President on May 6,
2004.
40 In two of the three other roll calls votes, only one “nay” vote was cast against
confirmation. However, in the third roll call that was not unanimously in favor of
confirmation, a substantial number of “nay” votes were cast. See in Table 4 the Jan. 29,
2003 nomination of J. Leon Holmes to the U.S. District Court for the Eastern District of
Arkansas, which was confirmed by the Senate on July 6, 2004 by a 51-46 vote.
41 See in Table 4 the Jan. 29, 2003 nomination of J. Leon Holmes to the U.S. District Court
for the Eastern District of Arkansas, which the Senate Judiciary Committee, on May 1,
2003, voted 10-9 to report without recommendation.
42 Two of the nominees not confirmed were nominated relatively late in the Congress, in
September 2004, received committee hearings in November 2004, but were not reported out
(continued...)

---

CRS-13
already noted, was withdrawn by the President, and the other eight were returned to
the President at the end of the 108th Congress. Early in the 109th Congress, the
President renominated all of these eight returnees.

District court nominations, like the circuit court nominations discussed above,
also varied considerably in how quickly they advanced through the judicial
appointment process:
! For 81 district nominations receiving committee hearings during the
107th Congress, an average of 89 days elapsed between the date a
nomination was received in the Senate and the holding of a
hearing;43 the briefest time elapsing for a district nomination from
Senate receipt to committee hearing was nine days, the longest time
(for three nominations) was 257 days. For the 89 district court
nominations receiving hearings during the 108th Congress, an
average of 85 days elapsed from Senate receipt of nomination to
committee hearing; the briefest time elapsing from Senate receipt to
committee hearing was (for three nominations) 22 days, the longest
time 300 days.
! For the 83 district nominations receiving committee votes during the
107th Congress, an average of 102 days elapsed between Senate
receipt and committee vote; the briefest time elapsing from Senate
receipt to committee vote was two days,44 the longest time (for two
nominations) 258 days. For the 87 district nominations receiving
committee votes during the 108th Congress, an average of 111 days
elapsed from Senate receipt to committee vote; the briefest such time
42 (...continued)
of committee in the remaining three weeks of the Congress. See in Table 4 the Sept. 7,
2004 nomination of Paul A. Crotty to the Southern District of New York and the Sept. 15,
2004 nomination of J. Michael Seabright to the District of Hawaii.
43 Two other district nominations also received hearings; however, they were not included
in calculating average time between nomination date and hearing because the individuals’
hearings preceded their nomination dates. See district court nominations of Reggie B.
Walton and Terry L. Wooten on Sept. 4, 2001, which were preceded by hearings on Aug.
22 and Aug. 27, 2001, respectively. If the Walton and Wooten nominations were included
in calculating the time average, the mean average time between nomination date and
hearing for 83 nominations would be 86 days. For 83 nominations, the calculation of the
time average would use minus 13 (-13) days as the applicable time for the Walton
nomination, and minus eight (-8) days as the applicable time for the Wooten nominations,
since hearings preceded the nomination dates for the two nominations by 13 and 8 days
respectively.
44 The nomination which received a committee vote just two days after its receipt by the
Senate was a resubmission of an earlier nomination to the same judgeship. See the Sept. 4,
2001 nomination of Reggie B. Walton to the District Court for the District of Columbia. A
hearing was held on Aug. 22, 2001, in anticipation of Mr. Walton’s renomination, paving
the way for a committee vote after Senate receipt of the nomination without the need for a
hearing first.

---

CRS-14
interval (for two district nominations) was 30 days, the longest time
(for two nominations) was 336 days.
! For the 83 district nominations receiving final Senate votes (all for
confirmation) during the 107th Congress, an average of 127 days
elapsed between Senate receipt and Senate vote; the briefest time
elapsing for a district nomination from Senate receipt to Senate
confirmation was 17 days, the longest time (for three nominations)
was 295 days. For the 87 district nominations receiving final Senate
votes (again, all for confirmation) during the 108th Congress, an
average of 156 days elapsed between Senate receipt and final Senate
vote; the briefest such time interval (for three district nominations)
was 34 days, the longest time was 524 days.

---

CRS-15
Table 1. President George W. Bush’s Nominations to the U.S. Circuit Court of Appeals
During the 107th Congress, January 20, 2001-November 20, 2002
No.
Name of nominee
State of
Circuit
Date
Days from nomination date to:
Residence
Received
Hearing
Committee
Senate voteb
Hearingc
Committee
Senate
by Senate
actiona
action
vote
1
Barrington D. Parker Jr.d
Connecticut
Second
05/09/01
—
—
Returned
—
—
—
08/03/01
2
Terrence W. Boyled
North
Fourth
05/09/01
—
—
Returned
—
—
—
Carolina
08/03/01
3
Dennis W. Sheddd
South
Fourth
05/09/01
—
—
Returned
—
—
—
Carolina
08/03/01
4
Edith Brown Clementd
Louisiana
Fifth
05/09/01
—
—
Returned
—
—
—
08/03/01
5
Priscilla Richman Owend
Texas
Fifth
05/09/01
—
—
Returned
—
—
—
08/03/01
6
Deborah L. Cookd
Ohio
Sixth
05/09/01
05/23/01
—
Returned
14
—
—
08/03/01
7
Jeffrey S. Suttond
Ohio
Sixth
05/09/01
05/23/01
—
Returned
14
—
—
08/03/01
8
Michael W. McConnelld
Utah
Tenth
05/09/01
—
—
Returned
—
—
—
08/03/01
9
Miguel A. Estradad
Virginia
DC
05/09/01
—
—
Returned
—
—
—
08/03/01

---

CRS-16
No.
Name of nominee
State of
Circuit
Date
Days from nomination date to:
Residence
Received
Hearing
Committee
Senate voteb
Hearingc
Committee
Senate
by Senate
actiona
action
vote
10
Roger L. Gregorye
Virginia
Fourth
05/09/01
07/11/01
07/19/01
07/20/01
63
71
72
93-1 vote
11
John G. Roberts Jr.d
Maryland
DC
05/09/01
05/23/01
—
Returned
14
—
—
08/03/01
12
Sharon Prostd
District of
Federal
05/21/01
—
—
Returned
—
—
—
Columbia
08/03/01
13
Lavenski R. Smithd
Arkansas
Eighth
05/22/01
—
—
Returned
—
—
—
08/03/01
14
William J. Riley
Nebraska
Eighth
05/23/01
07/24/01
08/02/01
08/02/01
62
71
71
97-0 vote
15
Charles W. Pickering Sr.d
Mississippi
Fifth
05/25/01
—
—
Returned
—
—
—
08/03/01
16
Timothy M. Tymkovichd
Colorado
Tenth
05/25/01
—
—
Returned
—
—
—
08/03/01
17
Harris L. Hartzd
New Mexico
Tenth
06/21/01
—
—
Returned
—
—
—
08/03/01
18
Richard R. Cliftond Hawaii
Ninth
06/22/01
—
—
Returned
—
—
—
08/03/01
19
Carolyn B. Kuhld
California
Ninth
06/22/01
—
—
Returned
—
—
—
08/03/01
20
Michael J. Melloyd
Iowa
Eighth
07/10/01
—
—
Returned
—
—
—
08/03/01

---

CRS-17
No.
Name of nominee
State of
Circuit
Date
Days from nomination date to:
Residence
Received
Hearing
Committee
Senate voteb
Hearingc
Committee
Senate
by Senate
actiona
action
vote
21
Terrence L. O’Briend Wyoming
Tenth
08/02/01
—
—
Returned
—
—
—
08/03/01
22
Jeffrey R. Howardd
New
First
08/02/01
—
—
Returned
—
—
—
Hampshire
08/03/01
23
Michael W. McConnelle
Utah
Tenth
09/04/01
09/18/02
11/14/02
11/15/02
379
436
437
24
Michael J. Melloye
Iowa
Eighth
09/04/01
01/24/02
02/07/02
02/11/02
142
156
160
91-0 vote
25
Terrence L. O’Briene
Wyoming
Tenth
09/04/01
03/19/02
04/11/02
04/15/02
196
219
223
98-0 vote
26
Priscilla Richman Owene
Texas
Fifth
09/04/01
07/23/02
Defeated
Returned
322
366
—
09/05/02f
11/20/02
27
Barrington D. Parkere Connecticut
Second
09/04/01
09/13/01
10/04/01
10/11/01
9
30
37
100-0 vote
28
Charles W. Pickering Sr.e
Mississippi
Fifth
09/04/01
10/18/01,
Defeated
Returned
44
191
—
02/07/02
03/14/02g
11/20/02
29
Sharon Proste
District of
Federal
09/04/01
08/27/01h
09/06/01
09/21/01
i
2
17
Columbia
97-0 vote
30
John G. Roberts Jr.e
Maryland
DC
09/04/01
—
—
Returned
—
—
—
11/20/02

---

CRS-18
No.
Name of nominee
State of
Circuit
Date
Days from nomination date to:
Residence
Received
Hearing
Committee
Senate voteb
Hearingc
Committee
Senate
by Senate
actiona
action
vote
31
Dennis W. Shedde
South
Fourth
09/04/01
06/27/02
11/14/02
Cloture
296
436
—
Carolina
vitiated
11/18/02
11/19/02
441
55-44 vote
32
Lavenski R. Smithe
Arkansas
Eighth
09/04/01
05/24/02
06/27/02
Cloture
262
296
—
94-3 vote
07/15/02
07/15/02
314
33
Jeffrey S. Suttone
Ohio
Sixth
09/04/01
—
—
Returned
—
—
—
11/20/02
34
Timothy M. Tymkoviche
Colorado
Tenth
09/04/01
—
—
Returned
—
—
—
11/20/02
35
Terrence W. Boylee
North
Fourth
09/04/01
—
—
Returned
—
—
—
Carolina
11/20/02
36
Edith Brown Clemente
Louisiana
Fifth
09/04/01
10/04/01
11/01/01
11/13/01
30
58
70
99-0 vote
37
Richard R. Cliftone
Hawaii
Ninth
09/04/01
05/09/02
05/16/02
Cloture
247
254
—
97-1 vote
07/18/02
07/18/02
317
98-0 vote

---

CRS-19
No.
Name of nominee
State of
Circuit
Date
Days from nomination date to:
Residence
Received
Hearing
Committee
Senate voteb
Hearingc
Committee
Senate
by Senate
actiona
action
vote
38
Deborah L. Cooke Ohio
Sixth
09/04/01
—
—
Returned
—
—
—
11/20/02
39
Miguel A. Estradae
Virginia
DC
09/04/01
09/26/02
—
Returned
387
—
—
11/20/02
40
Harris L. Hartze
New Mexico
Tenth
09/04/01
10/25/01
11/29/01
12/06/01
51
86
93
99-0 vote
41
Jeffrey R. Howarde
New
First
09/04/01
04/11/02
04/18/02
04/23/02
219
226
231
Hampshire
99-0 vote
42
Carolyn B. Kuhle
California
Ninth
09/04/01
—
—
Returned
—
—
—
11/20/02
43
D. Brooks Smith
Pennsylvania
Third
09/10/01
02/26/02
04/23/02
07/31/02
169
225
324
64-35 vote
44
Julia Smith Gibbons
Tennessee
Sixth
10/09/01
04/25/02
05/02/02
Cloture
198
205
—
89-0 vote
07/26/02
07/29/02
293
95-0 vote
45
William H. Steele
Alabama
Eleventh
10/09/01
—
—
Returned
—
—
—
11/20/02
46
David W. McKeague
Michigan
Sixth
11/08/01
—
—
Returned
—
—
—
11/20/02

---

CRS-20
No.
Name of nominee
State of
Circuit
Date
Days from nomination date to:
Residence
Received
Hearing
Committee
Senate voteb
Hearingc
Committee
Senate
by Senate
actiona
action
vote
47
Susan Bieke Neilson
Michigan
Sixth
11/08/01
—
—
Returned
—
—
—
11/20/02
48
Henry W. Saad
Michigan
Sixth
11/08/01
—
—
Returned
—
—
—
11/20/02
49
John M. Rogers
Kentucky
Sixth
12/19/01
06/13/02
07/11/02
11/14/02
176
204
330
50
Reena Raggi
New York
Second
05/01/02
08/01/02
09/05/02
09/20/02
92
127
142
85-0 vote
51
Jay S. Bybee
Nevada
Ninth
05/23/02
—
—
Returned
—
—
—
11/20/02
52
Richard A. Griffin
Michigan
Sixth
06/26/02
—
—
Returned
—
—
—
11/20/02
Meanj
154
193
210
Number of days elapsed from date received in Senate
Mediank
142
205
223
Note: The above table does not include nine circuit court nominations submitted by President William J. Clinton, on either Jan. 3, 2001 or Jan. 4. 2001, at the
start of the 107th Congress. (For a list of the nine nominations, see p. 15 of CRS Report 98-510 GOV, Judicial Nominations by President Clinton During the
103rd-106th Congresses, by Denis Steven Rutkus.) All nine nominations were withdrawn by President Bush on March 19, 2001, although one of the nine
nominees, Roger L. Gregory of Virginia, was renominated by President Bush on May 9, 2001 and confirmed by the Senate on July 20, 2001.
a. The “Committee action” date, unless there is a note indicating otherwise, is the date on which the Senate Judiciary Committee voted to report a nomination
favorably to the Senate.
b. A date standing alone is the date of Senate confirmation. A vote tally underneath the date is the roll call vote by which the nomination was confirmed. The
absence of a roll call vote indicates that the nomination was confirmed by voice vote or by unanimous consent. Where final action was not a Senate vote

---

CRS-21
to confirm, the type of final action is specified, along with the date. “Cloture” indicates that the Senate voted on a motion to close debate (with passage
of the motion requiring three-fifths of the Senate, or 60 Members, voting in favor). “Cloture vitiated” indicates that the Senate by unanimous consent
vitiated (undid) a motion to close debate. “Withdrawn” indicates that a nomination was withdrawn by the President. “Returned” indicates that the Senate
returned a nomination to the President (upon a Senate adjournment or recess of more than 30 days).
c. Where a judicial nomination received more than one day of hearings, the “Days from nomination date to:” “Hearing” are the number of days from the
nomination date to the first hearing date.
d. This was the nominee’s first of two nominations to the judgeship. After the nomination was returned to President Bush on Aug. 3, 2001, the individual was
renominated on Sept. 4, 2001.
e. This was the nominee’s second nomination to the judgeship. See the earlier nomination in the 107th Congress.
f. The committee vote to report favorably failed (9-10); the vote to report without recommendation failed (9-10); and the vote to report unfavorably failed (9-
10).
g. The committee vote to report favorably failed (9-10); the vote to report without recommendation failed (9-10); and the vote to report unfavorably failed (9-10).
h. On Aug. 27, 2001, during the August recess of the first session of the 107th Congress, the Senate Judiciary Committee held a hearing for Ms. Prost in
expectation of her renomination to the circuit court. An earlier nomination of Ms. Prost had been returned to the President at the beginning of the August
recess.
i. The hearing, on Aug. 27, 2001, preceded the nomination date; therefore, no elapsed time between Senate receipt and hearing date has been calculated. See
preceding note.
j. The “Mean,” or average, is the sum of the number of elapsed days for all of the nominations in question divided by the number of those nominations. Note:
Calculation of the mean in the “Hearing” column excluded the time that elapsed between the hearing date and Senate receipt of the Sept. 4, 2001 nomination
of Sharon Prost, since the hearing date for that nomination preceded the nomination date. (See two preceding table notes regarding the Prost nomination.)
k. In each “Median” cell the number represents (1) the elapsed time for the nomination in the middle of the distribution of all the nominations in question, with an
equal number of the nominations having longer elapsed times than that nomination and an equal number of nominations having shorter elapsed times; or (2)
the arithmetic mean of the elapsed times for the two nominations in the middle of the distribution if there is no one middle nomination.

---

CRS-22
Table 2. President George W. Bush’s Nominations to the U.S. Circuit Courts of Appeals
During the 108th Congress, January 7, 2003-December 8, 2004
No.
Name of nominee
Circuit
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearingc
Committee
Senate vote
actiona
action
1
Terrence W. Boyle of North
Fourth
01/07/03
—
—
Returned
—
—
—
Carolinad
12/08/04e
2
Jay S. Bybee of Nevadad
Ninth
01/07/03
02/05/03
02/27/03
03/13/03
29
51
65
74-19 vote
3
Deborah L. Cook of Ohiod
Sixth
01/07/03
01/29/03
02/27/03
05/05/03
22
51
118
66-25 vote
4
Miguel A. Estrada of
DC
01/07/03
—
01/30/03
Cloture
—
23
—
Virginiad
55-44 vote
03/06/03
Cloture
55-42 vote
03/13/03
Cloture
55-45 vote
03/18/03
Cloture
55-44 vote
04/02/03
Cloture
52-39 vote
05/05/03

---

CRS-23
No.
Name of nominee
Circuit
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearingc
Committee
Senate vote
actiona
action
Cloture
54-43 vote
05/08/03
Cloture
55-43 vote
07/30/03
Withdrawn
09/04/03
5
Richard A. Griffin of
Sixth
01/07/03
06/16/04
07/20/04
Cloture
526
560
—
Michigand
54-44 vote
07/22/04
Returned
12/08/04e
6
Carolyn A. Kuhl of
Ninth
01/07/03
04/01/03
05/08/03
Cloture
84
121
—
Californiad
vitiated
07/31/03
Cloture
53-43 vote
11/14/03
Returned
12/08/04

---

CRS-24
No.
Name of nominee
Circuit
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearingc
Committee
Senate vote
actiona
action
7
David W. McKeague of
Sixth
01/07/03
06/16/04
07/20/04 Cloture
526 560
—
Michigand
53-44 vote
07/22/04
Returned
12/08/04e
8
Susan Bieke Neilson of
Sixth
01/07/03
09/08/04 10/04/04
Returned
610
636
—
Michigand
12/08/04e
9
Priscilla Richman Owen of
Fifth
01/07/03
03/13/03
03/27/03
Cloture
65
79
—
Texasd
52-45 vote
05/01/03
Cloture
52-45 vote
05/08/03
Cloture
53-43 vote
07/29/03
Cloture
53-42 vote
11/14/03
Returned
12/08/04e

---

CRS-25
No.
Name of nominee
Circuit
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearingc
Committee
Senate vote
actiona
action
10
Charles W. Pickering, Sr., of
Fifth
01/07/03
—
10/02/03
Cloture
—
268
—
Mississippid
54-43 vote
10/30/03
Returned
12/08/04
11
John G. Roberts, Jr., of
DC
01/07/03
01/29/03
02/27/03
Recommitf
22
51
121
Marylandd
04/30/03
04/30/03
05/08/03
05/08/03
12
Henry W. Saad of
Sixth
01/07/03
07/30/03
06/17/04
Cloture
204
527
—
Michigand
52-46 vote
07/22/04
Returned
12/08/04e
13
Jeffrey S. Sutton of Ohiod
Sixth
01/07/03
01/29/03
02/13/03
04/29/03
22
37
112
52-41 vote
14
Timothy M. Tymkovich of
Tenth
01/07/03
02/12/03
03/06/03
04/01/03
36
58
84
Coloradod
58-41 vote
15
Edward C. Prado of Texas
Fifth
02/06/03
03/27/03
04/02/03
05/01/03
49
55
84
97-0 vote
16
Consuelo Maria Callahan of
Ninth
02/12/03
05/07/03
05/08/03
05/22/03
84
85
99
California
99-0 vote

---

CRS-26
No.
Name of nominee
Circuit
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearingc
Committee
Senate vote
actiona
action
17
Steven M. Colloton of Iowa
Eighth
02/12/03
07/22/03
07/31/03
09/04/03
160
169
204
94-1 vote
18
Michael Chertoff of New
Third
03/05/03
05/07/03
05/22/03
06/09/03
63
78
96
Jersey
88-1 vote
19
Richard C. Wesley of New
Second
03/05/03
05/22/03
06/05/03
06/11/03
78
92
98
York
96-0 vote
20
William H. Pryor, Jr., of
Eleventh
04/09/03
06/11/03
07/23/03
Cloture
63
105
—
Alabama
53-44 vote
07/31/03
Cloture
51-43 vote
11/06/03
Returned
12/08/04
21
Carlos T. Bea of California
Ninth
04/11/03
09/03/03
09/25/03
09/29/03
145
167
171
86-0 vote
22
Allyson K. Duncan of North
Fourth
04/28/03
06/25/03
07/10/03
07/17/03
58
73
80
Carolina
93-0 vote
23
Claude A. Allen of Virginia
Fourth
04/28/03
10/28/03
—
Returned
183
—
—
12/09/03
24
D. Michael Fisher of
Third
05/01/03
10/15/03
11/06/03
12/09/03
167
189
222
Pennsylvania

---

CRS-27
No.
Name of nominee
Circuit
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearingc
Committee
Senate vote
actiona
action
25
William Gerry Myers III of
Ninth
05/15/03
02/05/04
04/01/04
Cloture
266
322
—
Idaho
53-44 vote
07/20/04
Returned
12/08/04e
26
Janice R. Brown of
DC
07/25/03
10/22/03
11/06/03
Cloture
89
104
—
California
53-43 vote
11/14/03
Returned
12/08/04e
27
Brett M. Kavanaugh of
DC
07/25/03
04/27/04
—
Returned
277
—
—
Maryland
12/08/04e
28
Raymond W. Gruender of
Eighth
09/29/03
01/22/04
03/04/04
05/20/04
115
157
234
Missouri
97-1 vote
29
William James Haynes II of
Fourth
09/29/03
11/19/03
03/11/04
Returned
51
164
—
Virginia
12/08/04e
30
Diane S. Sykes of
Seventh
11/14/03
02/11/04
03/11/04
06/24/04
89
118
223
Wisconsin
70-27 vote
31
Franklin S. Van Antwerpen
Third
11/21/03
01/28/04
03/04/04
05/20/04
68 104
181
of Pennsylvania
96-0 vote
32
Peter W. Hall of Vermont
Second
12/09/03
03/10/04
04/01/04
06/24/04
92
114
198

---

CRS-28
No.
Name of nominee
Circuit
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearingc
Committee
Senate vote
actiona
action
33
Claude A. Allen of Virginiag
Fourth
01/20/04
—
—
Returned
—
—
—
12/08/04
34
Charles W. Pickering, Sr. of
Fifth
02/06/04
—
—
Returned
—
—
—
Mississippih,i
12/08/04
35
William Duane Benton of
Eighth
02/12/04
04/08/04
04/29/04
06/24/04
56
77
133
Mississippi
36
William H. Pryor, Jr. of
Eleventh
03/12/04
—
—
Returned
—
—
—
Alabamag,j
12/08/04e
37
Thomas B. Griffith of Utah
DC
05/10/04
11/16/04
—
Returned
190
—
—
12/08/04e
Meank
145
173
140
Number of days elapsed from date received in Senate
Medianl
84
105
120
a. The “Committee action” date, unless there is a note indicating otherwise, is the date on which the Senate Judiciary Committee voted to report a nomination
favorably to the Senate.
b. A date standing alone is the date of Senate confirmation. A vote tally underneath the date is the roll call vote by which the nomination was confirmed. The
absence of a roll call vote indicates that the nomination was confirmed by voice vote or by unanimous consent. Where final action was not a Senate vote
to confirm, the type of final action is specified, along with the date. “Cloture” indicates that the Senate voted on a motion to close debate (with passage of
the motion requiring three-fifths of the Senate, or 60 Members, voting in favor). “Cloture vitiated” indicates that the Senate by unanimous consent vitiated
(undid) a motion to close debate. “Withdrawn” indicates that a nomination was withdrawn by the President. “Returned” indicates that the Senate returned
a nomination to the President (upon a Senate adjournment or recess of more than 30 days).
c. Where a judicial nomination received more than one day of hearings, the “Days from nomination date to:” “Hearing” are the number of days from the nomination
date to the first hearing date.
d. Resubmission; see earlier nomination(s) in 107th Congress.
e. Nominee was renominated in the 109th Congress, on 02/14/2005.

---

CRS-29
f. Senate by unanimous consent agreed to recommit the nomination to the Senate Judiciary Committee.
g. Resubmission; see earlier nomination in 108th Congress.
h. Resubmission; see three earlier nominations—one in 108th Congress and two in 107th Congress.
i. On 01/16/2004, between the first and second sessions of the 108th Congress, the nominee was appointed to the court by presidential “recess appointment,” an
appointment which expired on 12/08/2004, at the end of the second session of the 108th Congress.
j. On 02/20/2004, during a recess within the second session of the 108th Congress, the nominee was appointed to the court by presidential “recess appointment,”an
appointment that will expire at the end of the first session of the 109th Congress.
k. The “Mean,”or average, is the sum of the number of elapsed days for all of the nominations in question divided by the number of those nominations.
l. In each “Median” cell the number represents (1) the elapsed time for the nomination in the middle of the distribution of all the nominations in questions, with an
equal number of the nominations having longer elapsed times than that nomination and an equal number of nominations having shorter elapsed times; or (2)
the arithmetic mean of the elapsed times for the two nominations in the middle of the distribution if there is no one middle nomination.

---

CRS-30
Table 3. President George W. Bush’s Nominations to the U.S. District Courts
During the 107th Congress, January 20, 2001-November 20, 2002
No.
Name of nominee
District
Date
Days from nomination date to:
Received by
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
Senate
actiona
action
vote
1
Sam F. Haddon
MT
05/17/01
07/11/01
07/19/01
07/20/01
55
63
64
95-0 vote
2
Richard F. Cebull
MT
05/17/01
07/11/01
07/19/01
07/20/01
55
63
64
93-0 vote
3
Terry L. Wootenc
SC
06/18/01
—
—
Returned 08/03/01
—
—
—
4
Laurie Smith Campc
NE
06/19/01
—
—
Returned 08/03/01
—
—
—
5
Paul G. Cassellc
UT
06/19/01
—
—
Returned 08/03/01
—
—
—
6
John D. Batesc
DC
06/20/01
—
—
Returned 08/03/01
—
—
—
7
Reggie B. Waltonc
DC
06/20/01
—
—
Returned 08/03/01
—
—
—
8
James E. Gritznerc
South. IA
07/10/01
—
—
Returned 08/03/01
—
—
—
9
Michael P. Millsc
North. MS
07/10/01
—
—
Returned 08/03/01
—
—
—
10
M. Christina Armijoc
NM
08/02/01
—
—
Returned 08/03/01
—
—
—
11
Karon O. Bowdrec
North. AL
08/02/01
—
—
Returned 08/03/01
—
—
—
12
David L. Bunningc
East. KY
08/02/01
—
—
Returned 08/03/01
—
—
—
13
Karen K. Caldwellc
East. KY
08/02/01
—
—
Returned 08/03/01
—
—
—
14
Clair V. Eaganc
North. OK
08/02/01
—
—
Returned 08/03/01
—
—
—

---

CRS-31
No.
Name of nominee
District
Date
Days from nomination date to:
Received by
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
Senate
actiona
action
vote
15
Kurt D. Engelhardtc
East. LA
08/02/01
—
—
Returned 08/03/01
—
—
—
16
Stephen P. Friotc
West. OK
08/02/01
—
—
Returned 08/03/01
—
—
—
17
Callie V. Granadec
South. AL
08/02/01
—
—
Returned 08/03/01
—
—
—
18
Joe L. Heatonc
West. OK
08/02/01
—
—
Returned 08/03/01
—
—
—
19
Larry R. Hicks c
NV
08/02/01
—
—
Returned 08/03/01
—
—
—
20
William P. Johnsonc
NM
08/02/01
—
—
Returned 08/03/01
—
—
—
21
James H. Paynec
North., East. &
08/02/01
—
—
Returned 08/03/01
—
—
—
West. OK
22
Danny C. Reevesc
East. KY
08/02/01
—
—
Returned 08/03/01
—
—
—
23
Michael P. Millsd
North. MS
09/04/01
09/13/01
10/04/01
10/11/01
9
30
37
98-0 vote
24
James H. Payned
North., East. &
09/04/01
10/04/01
10/18/01
10/23/01
30
44
49
West. OK
100-0 vote
25
Danny C. Reevesd
East. KY
09/04/01
11/07/01
11/29/01
12/06/01
64
86
93
26
Reggie B. Waltond
DC
09/04/01
08/22/01e
09/06/01
09/21/01
f
2
17
97-0 vote
27
Terry L. Wootend
SC
09/04/01
08/27/01g
11/08/01
11/08/01
h
65
65
98-0 vote
28
M. Christina Armijod
NM
09/04/01
10/18/01
11/01/01
11/06/01
44
58
63
100-0 vote

---

CRS-32
No.
Name of nominee
District
Date
Days from nomination date to:
Received by
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
Senate
actiona
action
vote
29
John D. Batesd
DC
09/04/01
10/25/01
11/29/01
12/11/01
51
86
98
97-0 vote
30
Karon O. Bowdred
North. AL
09/04/01
10/18/01
11/01/01
11/06/01
44
58
63
98-0 vote
31
David L. Bunningd
East. KY
09/04/01
12/10/01
02/07/02
02/14/02
97
156
163
32
Karen K. Caldwelld
East. KY
09/04/01
10/04/01
10/18/01
10/23/01
30
44
49
100-0 vote
33
Laurie Smith Campd
NE
09/04/01
10/04/01
10/18/01
10/23/01
30
44
49
100-0 vote
34
Paul G. Casselld
UT
09/04/01
03/19/02
05/02/02
05/13/02
196
240
251
67-20 vote
35
Clair V. Eagand
North. OK
09/04/01
10/04/01
10/18/01
10/23/01
30
44
49
99-0 vote
36
Kurt. D. Engelhardtd
East. LA
09/04/01
10/25/01
11/29/01
12/11/01
51
86
98
37
Stephen P. Friotd
West. OK
09/04/01
10/18/01
11/01/01
11/06/01
44
58
63
98-0 vote
38
Callie V. Granaded
South. AL
09/04/01
12/05/01
12/13/01
02/04/02
92
100
153
75-0 vote
39
James E. Gritznerd
South. IA
09/04/01
01/24/02
02/07/02
02/14/02
142
156
163
40
Joe L. Heatond
West. OK
09/04/01
11/07/01
11/29/01
12/06/01
64
86
93

---

CRS-33
No.
Name of nominee
District
Date
Days from nomination date to:
Received by
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
Senate
actiona
action
vote
41
Larry R. Hicksd
NV
09/04/01
10/18/01
11/01/01
11/05/01
44
58
62
83-0 vote
42
William P. Johnsond
NM
09/04/01
10/25/01
11/29/01
12/13/01
51
86
100
43
Robert E. Blackburn
DC
09/10/01
01/24/02
02/07/02
02/26/02
136
150
169
98-0 vote
44
David C. Bury
AZ
09/10/01
02/26/02
03/07/02
03/15/02
169
178
186
90-0 vote
45
Cindy K. Jorgenson
AZ
09/10/01
01/24/02
02/07/02
02/26/02
136
150
169
98-0 vote
46
Marcia S. Krieger
DC
09/10/01
12/05/01
12/13/01
01/25/02
86
94
137
83-0 vote
47
Richard J. Leon
DC
09/10/01
01/24/02
02/07/02
02/14/02
136
150
157
48
James C. Mahan
NV
09/10/01
12/05/01
12/13/01
01/25/02
86
94
137
81-0 vote
49
Frederick J. Martone
AZ
09/10/01
11/07/01
11/29/01
12/13/01
58
80
94
97-0 vote
50
Julie A. Robinson
KS
09/10/01
11/07/01
11/29/01
12/11/01
58
80
92
51
Clay D. Land
Mid. GA
09/21/01
11/07/01
11/29/01
12/13/01
47
69
83
52
Randy Crane
South. TX
09/21/01
02/26/02
03/03/02
03/18/02
158
163
178
91-0 vote

---

CRS-34
No.
Name of nominee
District
Date
Days from nomination date to:
Received by
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
Senate
actiona
action
vote
53
Philip R. Martinez
West. TX
10/09/01
12/05/01
12/13/01
02/05/02
57
65
119
93-0 vote
54
C. Ashley Royal
Mid. GA
10/09/01
12/05/01
12/13/01
12/20/01
57
65
72
55
Jay C. Zainey
East. LA
10/10/01
01/24/02
02/07/02
02/11/02
106
120
124
92-0 vote
56
Ralph R. Beistline
AK
11/08/01
02/26/02
03/07/02
03/12/02
110
119
124
98-0 vote
57
Kenneth A. Marra
South. FL
01/23/02
06/13/02
06/20/02
09/09/02
141
148
229
82-0 vote
58
Percy Anderson
Cent. CA
01/23/02
04/11/02
04/18/02
04/25/02
78
85
92
99-0 vote
59
Jose E. Martinez
South. FL
01/23/02
07/23/02
07/31/02
09/12/02
181
189
232
60
Lance M. Africk
East. LA
01/23/02
03/29/02
04/11/02
04/17/02
65
78
84
97-0 vote
61
Stanley R. Chesler
NJ
01/23/02
09/26/02
10/08/02
11/14/02
246
258
295
62
Frederick W. Rohlfing III
HI
01/23/02
—
—
Returned 11/20/02
—
—
—
63
Joan E. Lancaster
MN
01/23/02
04/11/02
04/18/02
04/25/02
78
85
92
99-0 vote
64
William J. Martini
NJ
01/23/02
09/18/02
10/08/02
11/14/02
238
258
295

---

CRS-35
No.
Name of nominee
District
Date
Days from nomination date to:
Received by
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
Senate
actiona
action
vote
65
Thomas M. Rose
South. OH
01/23/02
04/25/02
05/02/02
05/09/02
92
99
106
95-0 vote
66
Michael M. Baylson
East. PA
01/23/02
04/11/02
04/18/02
04/30/02
78
85
97
98-0 vote
67
Joy Flowers Conti
West. PA
01/23/02
05/09/02
05/16/02
07/29/02
106
113
187
96-0 vote
68
Legrome D. Davis
East. PA
01/23/02
03/19/02
04/11/02
04/18/02
55
78
85
94-0 vote
69
Terrence F. McVerry
West. PA
01/23/02
06/27/02
07/31/02
09/03/02
155
189
223
88-0 vote
70
Cynthia M. Rufe
East. PA
01/23/02
04/11/02
04/18/02
04/30/02
78
85
97
98-0 vote
71
Arthur J. Schwab
West. PA
01/23/02
06/27/02
07/31/02
09/12/02
155
189
232
92-0 vote
72
Samuel H. Mays Jr.
West. TN
01/23/02
04/25/02
05/02/02
05/09/02
92
99
106
97-0 vote
73
Ronald H. Clark
East. TX
01/23/02
08/01/02
09/19/02
10/02/02
190
239
252
74
Leonard E. Davis
East. TX
01/23/02
04/25/02
05/02/02
05/09/02
92
99
106
97-0 vote
75
David C. Godbey
North. TX
01/23/02
04/25/02
06/13/02
08/01/02
92
141
190

---

CRS-36
No.
Name of nominee
District
Date
Days from nomination date to:
Received by
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
Senate
actiona
action
vote
76
Andrew S. Hanen
South. TX
01/23/02
04/25/02
05/02/02
05/09/02
92
99
106
97-0 vote
77
Henry E. Hudson
East. VA
01/23/02
05/23/02
06/13/02
08/01/02
120
141
190
78
Ronald B. Leighton
West. WA
01/23/02
10/07/02
10/08/02
11/14/02
257
258
295
79
William C. Griesbach
East. WI
01/23/02
04/11/02
04/18/02
04/25/02
78
85
92
97-0 vote
80
John F. Walter
Cent. CA
01/23/02
04/11/02
04/18/02
04/25/02
78
85
92
99-0 vote
81
Christopher C. Conner
Mid. PA
02/28/02
05/09/02
05/16/02
07/26/02
70
77
148
82
John E. Jones III
Mid. PA
02/28/02
05/09/02
05/16/02
07/29/02
70
77
151
96-0 vote
83
Morrison C. England Jr.
East. CA
03/21/02
06/13/02
06/20/02
08/01/02
84
91
133
84
Amy J. St. Eve
North. IL
03/21/02
05/24/02
06/13/02
08/01/02
64
84
133
85
Henry E. Autrey
East. MO
03/21/02
05/24/02
06/13/02
08/01/02
64
84
133
98-0 vote
86
Richard E. Dorr
West. MO
03/21/02
05/24/02
06/13/02
08/01/02
64
84
133
87
David S. Cercone
West. PA
03/21/02
06/13/02
06/20/02
08/01/02
84
91
133
88
Timothy J. Savage
East. PA
03/21/02
05/24/02
06/13/02
08/01/02
64
84
133
89
James Knoll Gardner
East. PA
04/22/02
08/01/02
09/05/02
10/02/02
101
136
163

---

CRS-37
No.
Name of nominee
District
Date
Days from nomination date to:
Received by
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
Senate
actiona
action
vote
90
Timothy J. Corrigan
Mid. FL
05/22/02
07/23/02
07/31/02
09/12/02
62
70
113
88-0 vote
91
James C. Dever III
East. NC
05/22/02
—
—
Returned 11/20/02
—
—
—
92
Daniel L. Hovland
ND
06/26/02
09/26/02
10/08/02
11/14/02
92
104
141
93
Thomas W. Phillips
East. TN
06/26/02
09/18/02
10/08/02
11/14/02
84
104
141
94
Linda R. Reade
North. IA
06/26/02
09/26/02
10/08/02
11/14/02
92
104
141
95
Alia M. Ludlum
West. TX
07/11/02
09/18/02
10/08/02
11/14/02
69
89
126
96
S. James Otero
Cent. CA
07/18/02
—
—
Returned 11/20/02
—
—
—
97
Robert G. Klausner
Cent. CA
07/18/02
10/07/02
10/08/02
11/14/02
81
82
119
98
Robert A. Junell
West. TX
07/18/02
—
—
Returned 11/20/02
—
—
—
99
James E. Kinkeade
North. TX
07/18/02
09/26/02
10/08/02
11/14/02
70
82
119
100
William E. Smith
RI
07/18/02
10/07/02
10/08/02
11/14/02
81
82
119
101
Jeffrey S. White
North. CA
07/25/02
09/18/02
10/08/02
11/14/02
55
75
112
102
Kent A. Jordan
DE
07/25/02
09/18/02
10/08/02
11/14/02
55
75
112
103
Sandra J. Feuerstein
East. NY
07/25/02
—
—
Returned 11/20/02
—
—
—
104
Mark E. Fuller
Mid. AL
08/01/02
10/07/02
10/08/02
11/14/02
67
68
105
105
Rosemary M. Collyer
DC
08/01/02
10/07/02
10/08/02
11/14/02
67
68
105

---

CRS-38
No.
Name of nominee
District
Date
Days from nomination date to:
Received by
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
Senate
actiona
action
vote
106
Robert B. Kugler
NJ
08/01/02
10/07/02
10/08/02
11/14/02
67
68
105
107
Jose L. Linares
NJ
08/01/02
10/07/02
10/08/02
11/14/02
67
68
105
108
Freda L. Wolfson
NJ
08/01/02
09/26/02
10/08/02
11/14/02
56
68
105
109
Richard J. Holwell
South. NY
08/01/02
—
—
Returned 11/20/02
—
—
—
110
Gregory L. Frost
South. OH
08/01/02
—
—
Returned 11/20/02
—
—
—
111
Ralph R. Erickson
ND
09/12/02
—
—
Returned 11/20/02
—
—
—
112
S. Maurice Hicks Jr.
West. LA
09/12/02
—
—
Returned 11/20/02
—
—
—
113
Thomas L. Ludington
East. MI
09/12/02
—
—
Returned 11/20/02
—
—
—
114
William D. Quarles Jr.
MD
09/12/02
—
—
Returned 11/20/02
—
—
—
115
Cormac J. Carney
Cent. CA
10/10/02
—
—
Returned 11/20/02
—
—
—
116
John R. Adams
North. OH
10/10/02
—
—
Returned 11/20/02
—
—
—
117
J. Daniel Breen
West. TN
10/10/02
—
—
Returned 11/20/02
—
—
—
118
Thomas A. Varlan
East. TN
10/10/02
—
—
Returned 11/20/02
—
—
—
Meani
89j
102
127
Number of days elapsed from date received in Senate
Mediank
78
85
113
a. The “Committee action” date, unless a note indicates otherwise, is the date on which the Senate Judiciary Committee voted to report a nomination favorably to
the Senate.

---

CRS-39
b. A date standing alone is the date of Senate confirmation. A vote tally underneath the date is the roll call vote by which the nomination was confirmed. The
absence of a roll call vote indicates that the nomination was confirmed by voice vote or by unanimous consent. Where final action was not a Senate vote
to confirm, the type of final action is specified, along with the date. “Returned” indicates that the Senate returned a nomination to the President (upon a Senate
adjournment or recess of more than 30 days).
c. This was the nominee’s first of two nominations to the judgeship. After this first nomination was returned to President Bush on Aug. 3, 2001, the individual was
renominated on Sept. 4, 2001.
d. This was the nominee’s second nomination to the judgeship. See earlier nomination in the 107th Congress.
e. On Aug. 22, 2001, during the August recess of the first session of the 107th Congress, the Senate Judiciary Committee held a hearing for Mr. Walton in expectation
of his renomination to the district court. An earlier nomination of Mr. Walton had been returned to the President at the beginning of the August recess.
f. The hearing, on Aug. 22, 2001, preceded the nomination date; therefore, no elapsed time between Senate receipt and hearing date has been calculated. See
preceding note.
g. On Aug. 27, 2001, during the August recess of the first session of the 107th Congress, the Senate Judiciary Committee held a hearing for Mr. Wooten in expectation
of his renomination to the district court. An earlier nomination of Mr. Wooten was returned to the President at the beginning of the August recess.
h. The hearing, on Aug. 27, 2001, preceded the nomination date; therefore, no elapsed time between Senate receipt and hearing date has been calculated. See
preceding note.
i. The “Mean,” or average, is the sum of the number of elapsed days for all of the nominations in question divided by the number of those nominations.
j. Calculation of this time average excluded the times between hearing date and Senate receipt for the September 2001 nominations of Reggie B. Walton and Terry
L. Wooten, since their hearing dates preceded their nomination dates. (See preceding table notes “g.” and “h.” regarding the Walton and Wooten nominations.)
k. In each “Median” cell the number represents (1) the elapsed time for the nomination in the middle of the distribution of all the nominations in questions, with an
equal number of the nominations having longer elapsed times than that nomination and an equal number of nominations having shorter elapsed times; or (2)
the arithmetic mean of the elapsed times for the two nominations in the middle of the distribution if there is no one middle nomination.

---

CRS-40
Table 4. President George W. Bush’s Nominations to the U.S. District Courts
During the 108th Congress, January 7, 2003-December 8, 2004
No.
Name of nominee
District
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
actiona
action
vote
1
John R. Adamsc
North. OH
01/07/03
01/29/03
02/06/03
02/10/03
22
30
34
91-0 vote
2
J. Daniel Breenc
West. TN
01/07/03
02/12/03
03/06/03
03/13/03
36
58
65
92-0 vote
3
Cormac J. Carneyc
Cent. CA
01/07/03
03/12/03
03/20/03
04/07/03
64
72
90
80-0 vote
4
James C. Dever IIIc
East. NC
01/07/03
—
—
Returned
—
—
—
12/08/04d
5
Ralph R. Ericksonc
ND
01/07/03
02/05/03
02/27/03
03/12/03
29
51
64
6
Sandra J. Feuersteinc
East. NY
01/07/03
07/22/03
07/31/03
09/17/03
196
205
253
93-0 vote
7
Gregory L. Frostc
South. OH
01/07/03
02/05/03
02/27/03
03/10/03
29
51
62
91-0 vote
8
S. Maurice Hicks, Jr.c
West. LA
01/07/03
04/30/03
05/08/03
05/19/03
113
121
132
86-0 vote
9
Richard J. Holwellc
South. NY
01/07/03
07/22/03
07/31/03
09/17/03
196
205
253
10
Robert A. Junellc
West. TX
01/07/03
01/29/03
02/06/03
02/10/03
22
30
34
91-0 vote

---

CRS-41
No.
Name of nominee
District
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
actiona
action
vote
11
Thomas L. Ludingtonc
East. MI
01/07/03
—
—
Returned
—
—
—
12/08/04d
12
S. James Oteroc
Cent. CA
01/07/03
01/29/03
02/06/03
02/10/03
22
30
34
94-0 vote
13
William D. Quarles, Jr.c
MD
01/07/03
02/05/03
02/27/03
03/12/03
29
51
64
91-0 vote
14
Frederick W. Rohlfing IIIc
HI
01/07/03
—
—
Withdrawn
—
—
—
05/06/04
15
Thomas A. Varlanc
East. TN
01/07/03
02/12/03
03/06/03
03/13/03
36
58
65
97-0 vote
16
William H. Steele
South. AL
01/07/03
02/12/03
03/06/03
03/13/03
36
58
65
17
Patricia Head Minaldi
West. LA
01/15/03
04/01/03
05/01/03
05/06/03
76
106
111
18
Dee D. Drell
West. LA
01/15/03
03/27/03
04/03/03
04/09/03
71
78
84
99-0 vote
19
Cecilia M. Altonaga
South. FL
01/15/03
04/01/03
04/10/03
05/06/03
76
85
111
91-0 vote
20
Louise W. Flanagan
East. NC
01/29/03
06/25/03
07/10/03
07/17/03
147
162
169
21
Richard D. Bennett
MD
01/29/03
03/27/03
04/03/03
04/09/03
57
64
70
99-0 vote
22
Theresa Lazar Springmann
North. IN
01/29/03
03/12/03
03/20/03
03/31/03
42
50
61
93-0 vote

---

CRS-42
No.
Name of nominee
District
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
actiona
action
vote
23
James V. Selna
Cent. CA
01/29/03
03/12/03
03/20/03
03/27/03
42
50
57
97-0 vote
24
J. Leon Holmes
East. AR
01/29/03
03/27/03
05/01/03e
07/06/04
57
92
524
51-46 vote
25
Philip P. Simon
North. IN
01/29/03
03/12/03
03/20/03
03/27/03
42
50
57
26
Stephen C. Robinson
South. NY
03/05/03
07/22/03
07/31/03
09/17/03
139
148
196
27
P. Kevin Castel
South. NY
03/05/03
07/22/03
07/31/03
09/17/03
139
148
196
28
Samuel Der-Yeghiayan
North. IL
03/05/03
06/25/03
07/10/03
07/14/03
112
127
131
89-0 vote
29
David G. Campbell
AZ
03/13/03
04/30/03
06/12/03
07/08/03
48
91
117
92-0 vote
30
John A. Woodcock, Jr.
ME
03/27/03
05/22/03
06/05/03
06/12/03
56
70
77
31
Mark R. Kravitz
CT
03/27/03
05/22/03
06/05/03
06/11/03
56
70
76
97-0 vote
32
L. Scott Coogler
North. AL
03/27/03
05/07/03
05/15/03
05/22/03
41
49
56
33
Thomas M. Hardiman
West. PA
04/09/03
05/22/03
06/26/03
10/22/03
43
78
196
34
J. Ronnie Greer
East. TN
04/09/03
05/22/03
06/05/03
06/11/03
43
57
63
97-0 vote
35
Robert C. Brack
NM
04/28/03
06/25/03
07/10/03
07/14/03
58
73
77
36
James O. Browning
NM
04/28/03
07/09/03
07/24/03
07/31/03
72
87
94

---

CRS-43
No.
Name of nominee
District
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
actiona
action
vote
37
Glen E. Conrad
West. VA
04/28/03
07/30/03
09/04/03
09/22/03
93
129
147
89-0 vote
38
Robert J. Conrad, Jr.
West. NC
04/28/03
—
—
Returned
—
—
—
12/08/04d
39
Mark R. Filip
North. IL
04/28/03
10/28/03
11/06/03
02/04/04
183
192
282
96-0 vote
40
Kim R. Gibson
West. PA
04/28/03
07/30/03
09/04/03
09/23/03
93
129
148
94-0 vote
41
Dora L. Irizarry
East. NY
04/28/03
10/01/03
10/30/03
06/24/04
156
185
423
42
H. Brent McKnight
West. NC
04/28/03
07/22/03
07/24/03
07/31/03
85
87
94
43
Daniel P. Ryan
East. MI
04/28/03
—
—
Returned
—
—
—
12/08/04d
44
Gary L. Sharpe
North. NY
04/28/03
10/15/03
10/23/03
01/28/04
170
178
275
95-0 vote
45
Lonny R. Suko
East. WA
04/28/03
06/25/03
07/10/03
07/15/03
58
73
78
94-0 vote
46
Roger T. Benitez
South. CA
05/01/03
02/25/04
04/01/04
06/17/04
300
336
413
98-1 vote
47
Larry Alan Burns
South. CA
05/01/03
07/30/03
09/04/03
09/24/03
90
126
146
91-0 vote
48
Kathleen Cardone
West. TX
05/01/03
07/09/03
07/17/03
07/28/03
69
77
88

---

CRS-44
No.
Name of nominee
District
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
actiona
action
vote
49
James I. Cohn
South. FL
05/01/03
07/09/03
07/17/03
07/31/03
69
77
91
96-0 vote
50
Marcia A. Crone
East. TX
05/01/03
09/03/03
09/25/03
09/30/03
125
147
152
91-0 vote
51
Dale S. Fischer
Cent. CA
05/01/03
10/15/03
10/23/03
10/27/03
167
175
179
86-0 vote
52
William Q. Hayes
South. CA
05/01/03
09/03/03
09/25/03
10/02/03
125
147
154
98-0 vote
53
John A. Houston
South. CA
05/01/03
09/03/03
09/25/03
10/02/03
125
147
154
54
Frank Montalvo
West. TX
05/01/03
07/09/03
07/17/03
07/31/03
69
77
91
95-0 vote
55
R. David Proctor
North. AL
05/01/03
07/22/03
07/31/03
09/17/03
82
91
139
98-0 vote
56
Xavier Rodriguez
West. TX
05/01/03
07/09/03
07/17/03
07/31/03
69
77
91
57
Dana Makoto Sabraw
South. CA
05/01/03
07/30/03
09/04/03
09/25/03
90
126
147
95-0 vote
58
Earl Leroy Yeakel III
West. TX
05/01/03
06/25/03
07/10/03
07/28/03
55
70
88
91-0 vote
59
Michael W. Mosman
OR
05/08/03
07/30/03
09/04/03
09/25/03
83
119
140
93-0 vote

---

CRS-45
No.
Name of nominee
District
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
actiona
action
vote
60
Henry F. Floyd
SC
05/15/03
07/30/03
09/04/03
09/22/03
76
112
130
89-0 vote
61
Ronald A. White
East. OK
05/15/03
09/03/03
09/25/03
09/30/03
111
133
138
93-0 vote
62
Robert Clive Jones
NV
06/09/03
09/03/03
09/25/03
10/02/03
86
108
115
63
Phillip S. Figa
CO
06/09/03
09/03/03
09/25/03
10/02/03
86
108
115
64
Roger W. Titus
MD
06/18/03
09/17/03
10/02/03
11/05/03
91
106
140
97-0 vote
65
Margaret Catharine
North. FL
07/14/03
09/17/03
10/02/03
10/20/03
65
80
98
Rodgers
82-0 vote
66
F. Dennis Saylor IV
MA
07/30/03
11/12/03
03/04/04
06/01/04
105
218
307
89-0 vote
67
Sandra L. Townes
East. NY
08/01/03
11/12/03
03/04/04
06/03/04
103
216
307
95-0 vote
68
Kenneth M. Karas
South. NY
09/18/03
11/19/03
03/04/04
06/03/04
62
168
259
95-0 vote
69
Judith C. Herrera
NM
09/23/03
11/12/03
03/04/04
06/03/04
50
163
254
93-0 vote
70
Louis Guirola, Jr.
South. MS
09/23/03
11/19/03
03/04/04
03/11/04
57
163
170
92-0 vote

---

CRS-46
No.
Name of nominee
District
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
actiona
action
vote
71
Virginia E. Hopkins
North. AL
10/14/03
11/19/03
03/04/04
06/15/04
36
142
245
98-0 vote
72
Ricardo S. Martinez
West. WA
10/14/03
01/22/04
03/04/04
06/15/04
100
142
245
98-0 vote
73
Neil Vincent Wake
AZ
10/22/03
01/22/04
03/04/04
03/11/04
92
134
141
74
Walter D. Kelly, Jr.
East. VA
10/31/03
03/10/04
04/01/04
06/23/04
131
153
236
94-0 vote
75
Gene E. K. Pratter
East. PA
11/03/03
01/22/04
03/04/04
06/15/04
80
122
225
98-0 vote
76
Peter G. Sheridan
NJ
11/05/03
—
—
Returned
—
—
—
12/08/04d
77
William S. Duffey, Jr.
North. GA
11/05/03
02/05/04
03/04/04
06/16/04
92
120
224
97-0 vote
78
Lawrence F. Stengel
East. PA
11/06/03
02/05/04
03/11/04
06/16/04
91
126
223
97-0 vote
79
Jane J. Boyle
North. TX
11/24/03
03/10/04
04/01/04
06/17/04
107
129
206
99-0 vote
80
Marcia G. Cooke
South. FL
11/25/03
03/10/04
04/01/04
05/18/04
106
128
175
96-0 vote
81
Curtis V. Gomez
VI
11/25/03
04/08/04
04/29/04
11/20/04
135
156
361

---

CRS-47
No.
Name of nominee
District
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
actiona
action
vote
82
Juan R. Sanchez
East. PA
11/25/03
02/11/04
03/11/04 06/23/04
78
107
211
98-0 vote
83
James L. Robart
West. WA
12/09/03
02/11/04
03/11/04 06/17/04
64
93
191
99-0 vote
84
Paul S. Diamond
East. PA
01/20/04
03/24/04
04/01/04
06/16/04
64
72
148
97-0 vote
85
Robert Bryan Harwell
SC
01/20/04
04/08/04
04/29/04
06/24/04
79
100
156
86
George P. Schiavelli
Cent. CA
01/20/04
04/08/04
04/29/04
06/24/04
79
100
156
87
Raymond L. Finch
VI
02/20/04
09/08/04
09/30/04
11/20/04
219
241
292
88
Michael H. Watson
South. OH
04/06/04
06/04/04
07/08/04
09/07/04
59
93
154
89
Virginia Maria Hernandez
Mid. FL
04/20/04
06/16/04
07/20/04
09/07/04
57
91
140
Covington
91-0 vote
90
Michael H. Schneider, Sr.
East. TX
05/17/04
07/07/04
07/20/04
09/07/04
51
64
113
92-1 vote
91
Micaela Alvarez
South. TX
06/16/04
09/08/04
09/30/04
11/20/04
84
106
157
92
Keith Starrett
South. MS
07/06/04
09/08/04
09/30/04
11/20/04
64
86
137
93
Christopher A. Boyko
North. OH
07/22/04
09/22/04
10/04/04
11/20/04
62
74
121
94
Paul A. Crotty
South. NY
09/07/04
11/16/04
—
Returned
70
—
—
12/08/04d,f

---

CRS-48
No.
Name of nominee
District
Date
Days from nomination date to:
Received
Hearing
Committee
Senate voteb
Hearing
Committee
Senate
actiona
action
vote
95
Sean F. Cox
East. MI
09/10/04
—
—
Returned
— — —
12/08/04d
96
J. Michael Seabright
HI
09/15/04
11/16/04
—
Returned
62
— —
12/08/04d
Meang
85
111
156
Number of days elapsed from date received in Senate
Medianh
76
106
140
a. The “Committee action” date, unless a note indicates otherwise, is the date on which the Senate Judiciary Committee voted to report a nomination favorably to
the Senate.
b. A date standing alone is the date of Senate confirmation. A vote tally underneath the date is the roll call vote by which the nomination was confirmed. The
absence of a roll call vote indicates that the nomination was confirmed by voice vote or by unanimous consent. Where final action was not a Senate vote
to confirm, the type of final action is specified, along with the date. “Returned” indicates that the Senate returned a nomination to the President (upon a Senate
adjournment or recess of more than 30 days).
c. Resubmission; see earlier nomination in 107th Congress.
d. Nominee was renominated in the 109th Congress, on 02/14/2005.
e. On a committee vote of 10-9, the nomination was reported without recommendation.
f. After renomination in 109th Congress, nominee was confirmed by the Senate, on 04/11/2005, by a 95-0 vote.
g. The “Mean,” or average, is the sum of the number of elapsed days for all of the nominations in question divided by the number of those nominations.
h. In each “Median” cell the number represents (1) the elapsed time for the nomination in the middle of the distribution of all the nominations in questions, with an
equal number of the nominations having longer elapsed times than that nomination and an equal number of nominations having shorter elapsed times; or (2)
the arithmetic mean of the elapsed times for the two nominations in the middle of the distribution if there is no one middle nomination.

---