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-109th Congresses
Updated May 24, 2006
Denis Steven Rutkus
Specialist in American National Government
Government and Finance Division
Maureen Bearden
Information Research Specialist
Knowledge Services Group
Congressional Research Service ˜ The Library of Congress

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U.S. Circuit and District Court Nominations by
President George W. Bush
During the 107th - 109th Congresses
Summary
As of April 7, 2006, 43 of President George W. Bush’s 58 nominees to the U.S.
circuit courts of appeals have received Senate confirmation. Of the 15 nominees not
confirmed, the nominations of four were returned at the end of a Congress and not
resubmitted in a subsequent Congress; the nominations of three were withdrawn by
the President (one during the 108th, two during the 109th Congress); and the
nominations of the eight others were pending. None of his circuit nominees has been
rejected in a Senate confirmation vote.
Two of 10 circuit nominees on whom the Senate could not agree to close debate
in the108th Congress were given temporary recess appointments by President Bush.
After the recess appointment of one of these nominees expired at the end of the
Congress, he was not renominated in the 109th Congress. The other recess appointee,
prior to the expiration of his appointment, was renominated in the 109th Congress and
subsequently confirmed. Two of President Bush’s circuit nominees were defeated
in committee votes, when the Senate Judiciary Committee, in the 107th Congress,
voted not to report their nominations to the Senate. The two nominees, however,
were renominated in the 108th Congress, where one was confimed.
President Bush’s circuit court nominees have varied considerably in how
quickly they have advanced through the appointment process. Thirty-two of his 58
circuit nominees were nominated in two or more Congresses. Of the five who were
nominated in three successive Congresses, four were ultimately confirmed, whereas
the fifth nominee was pending in the 109th Congress, as of April 7, 2006.
Of President Bush’s 206 nominees to the U.S. district courts, as of April 7,
2006, 189 have been confirmed (173 in the first Congress in which they were
nominated). Of the 17 not confirmed, the nominations of two were withdrawn (one
during the 108th Congress, the other during the 109th Congress), and the nominations
of the 15 others were pending. None of President Bush’s district court nominees has
been defeated in a committee vote or rejected in a Senate confirmation vote.
President Bush’s circuit nominees have tended to have more difficulty than his
district nominees in receiving Senate confirmation. As of April 7, 2006, 74.1% of
his circuit nominees have been confirmed, compared with 91.7% of his district
nominees. The average (mean) time elapsed between first nomination and
confirmation for his circuit nominees was 394 days, more than twice as much as the
corresponding time interval of 162 days for district nominees. The number of
persons nominated by President Bush per year to be circuit judges (11.1) was lowest
among the five most recent Presidents, and his confirmation rate for circuit nominees
(74.1%) was second-lowest (with President Clinton’s confirmation rate the lowest).
The number of persons that he nominated per year to be district judges (39.5), was
second-lowest among the five Presidents, whereas the confirmation rate for his
district nominees (91.7%) was the median, or middle, percent for the five Presidents.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
The Judicial Appointment Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Structure and Contents of the Nominee and Nominations Tables . . . . . . . . . . . . . 5
Nominee Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Nominations Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Statistical Findings from the Tables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Circuit Court Nominees During the Presidency of George W. Bush . . . . . . . 9
Nominees Failing to Receive Senate Votes after Unsuccessful
Cloture Motions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Recess Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Nominees Defeated in Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Length in Time of the Appointment Process . . . . . . . . . . . . . . . . . . . . 12
President Bush’s Circuit Court Nominations During Particular
Congresses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
The 107th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
The 108th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
The 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
District Court Nominees During the Presidency of George W. Bush . . . . . 19
Confirmed Nominees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Withdrawn Nominees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Pending Nominees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
President Bush’s District Court Nominations During Particular
Congresses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
The 107th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
The 108th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
The 109th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Comparison of President Bush’s Circuit Court Nominations with His
District Court Nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Comparison of President Bush’s Circuit and District Nomination Statistics
with Those of Other Recent Presidents . . . . . . . . . . . . . . . . . . . . . . . . 26
Number of Nominees, Number Confirmed, and Percent Confirmed . 27
Circuit Court Nominations: Average Number of Days from
Nomination to Confirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
District Court Nominations: Average Number of Days from
Nomination to Confirmation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Appendix 1. President George W. Bush’s Nominees to the U.S. Circuit
Courts of Appeals, January 20, 2001-April 7, 2006 . . . . . . . . . . . . . . . . . . 34
Appendix 2. President George W. Bush’s Nominations to the U.S. Circuit
Courts of Appeals During the 107th Congress, January 20, 2001-
November 20, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

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Appendix 3. President George W. Bush’s Nominations to the U.S. Circuit
Courts of Appeals During the 108th Congress, January 7, 2003-
December 8, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Appendix 4. President George W. Bush’s Nominations to the U.S. Circuit
Courts of AppealsDuring the 109th Congress, January 4, 2005 -
April 7, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Appendix 5. President George W. Bush’s Nominees to U.S. District Courts,
January 20, 2001-April 7, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Appendix 6. President George W. Bush’s Nominations to the U.S. District
Courts During the 107th Congress, January 20, 2001-November 20, 2002 . 67
Appendix 7. President George W. Bush’s Nominations to the U.S. District
Courts During the 108th Congress, January 7, 2003-December 8, 2004 . . . 76
Appendix 8. President George W. Bush’s Nominations to the U.S. District
Courts During the 109th Congress, January 4, 2005- April 7, 2006 . . . . . . . 84
List of Figures
Figure 1. U.S. Circuit Court Nominations: Average Number of Days
from Nomination to Confirmation, 95th Congress to 109th Congress
(1977 - April 7, 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Figure 2. U.S. District Court Nominations: Average Number of Days
from Nomination to Confirmation, 95th Congress to 109th Congress
(1977 - April 7, 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
List of Tables
Table 1. Mean and Median Number of Days Elapsed from First Nomination
to Disposition of Last Nomination for President George W. Bush’s
Nominees to U.S. Circuit or District Court Judgeships, January 20, 2001 -
April 7, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Table 2. Number of Congresses in Which Persons Were Nominated by
President George W. Bush to U.S. Circuit or District Court Judgeships,
January 20, 2001 - April 7, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Table 3. U.S. Circuit and District Court Nominees of Five Most Recent
Presidents (1977- April 7, 2006): Total and Per Year Number of
Nominees, Total and Per Year Number Confirmed, and Percent of
Total Confirmed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

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U.S. Circuit and District Court Nominations
by President George W. Bush
During the 107th-109th 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,
this report 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, 108th, and 109th
Congresses, as of April 7, 2006,1 and any actions taken on these nominations by the
Senate Judiciary Committee and the full Senate.2
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.3
1 On Apr. 7, 2006, the cutoff point in this report for tracking President Bush’s nominations,
the Senate adjourned for two weeks, reconvening on Apr. 24, 2006.
2 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 ] 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.
3 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
number of judgeships at a future time fixed by the statute — typically, when, after a
(continued...)

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CRS-2
President Bush’s nominations to these two court systems are listed in eight
appendix tables at the end of this report — Appendices 1-4 for circuit court
nominations, and Appendices 5-8 for district court nominations. Appendices 1 and
5 list all the persons nominated by President Bush during his presidency, as of April
7, 2006, to the circuit and district courts, respectively, showing in one place how
many times each person was nominated. The other six tables list all of the circuit and
district court nominations made by President Bush during each Congress, as of April
7, 2006 — Appendices 2, 3, and 4 for circuit court nominations in the 107th, 108th,
and 109th Congresses, respectively; and Appendices 6, 7, and 8 for district court
nominations in the same respective Congresses.

Appendices 1-8, 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 discussed below, some of President Bush’s
nominees were nominated to a circuit or district judgeship more than once within a
Congress, or nominated to the judgeship in more than one Congress. Accordingly,
discussion in this report regarding the number of nominations made by President
Bush to the circuit or district courts counts not only the initial nomination of a person
to a judgeship but any renominations as well. By contrast, discussion regarding the
actual number of persons nominated counts individual nominees only once, even if
they were nominated to the same judgeship more than once.
Within the text of this report are various statistical tables and bar graphs, using
data derived from Appendices 1-8. Table 1 presents, for President Bush’s circuit
and district nominees, the average and median number of days that elapsed from their
first nomination to disposition of their last nomination. Table 2 breaks down the
total number of persons nominated by President Bush to circuit and district court
judgeships by the number of Congresses in which they were nominated. Table 3
provides statistics comparing President Bush’s judicial nominations with those of his
four immediate predecessors in the White House. Table 3 shows, among other
things, the total number of persons nominated by President Bush — as well as by
each of the four previous Presidents — to district and circuit court judgeships and the
number and percentage of them who were confirmed. Figures 1 and 2 show, for
circuit and district nominations respectively, the average number of days that elapsed
from nomination date to confirmation, during each Congress from the 95th to the
109th (as of April 7, 2006), indicating which presidency coincided in time with each
Congress.
The following text provides (1) a brief overview of the principal steps in the
judicial appointment process; (2) a more detailed description of the structure and
contents of Appendices 1-8 and the methodology used in gathering the tabular data;
and (3) a discussion of selected appointment statistics for circuit and district court
3 (...continued)
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.

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CRS-3
nominees and nominations in the 107th, 108th, and 109th Congresses, which are
derived from, or presented in, the appendices.4
This report focuses on judicial nominations made by the President and on 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 II, 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.”5 President Bush
thus far during his presidency has made two recess appointments to circuit courts and
none to district courts.6
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.7 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.
4 The statistics include total number of nominees to district and circuit judgeships; number
of nominees confirmed; number of nominations (including re-nominations of nominees);
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. Careful distinction is made in the text between number of nominations
(including renominations) and number of persons actually nominated.
5 See CRS Report RS21308, Recess Appointments: Frequently Asked Questions, by Henry
B. Hogue.
6 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 recess-appointed William H. Pryor Jr. of Alabama to the
Eleventh Circuit Court of Appeals. Judge Pryor’s recess appointment was to last until the
end of the first session of the 109th Congress; however, before that appointment expired,
Judge Pryor was renominated by President Bush and confirmed by the Senate on June 9,
2005.
For more information on judicial recess appointments, see CRS Report RS22039,
Federal Recess Judges, by Louis Fisher; CRS Report RL33009, Recess Appointments: A
Legal Overview, by T.J. Halstead; and Henry B. Hogue, “The Law: Recess Appointments
to Article III Courts,” Presidential Studies Quarterly, vol. 34, Sept. 2004, pp. 656-673.
7 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....”

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CRS-4
The process for making lifetime appointments to U.S. district court and circuit
courts of appeals judgeships entails the same formal steps as those involved in the
appointment of justices to the Supreme Court.8 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). The Judiciary Committee then holds a hearing on the nomination.
The committee subsequently meets to vote 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. 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
to vote in favor of a motion to close debate on the nomination.9 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.10
8 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.
9 See CRS Report RL32878, Cloture Attempts on Nominations, by Richard S. Beth and
Betsy Palmer.
10 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.”

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CRS-5
Structure and Contents of the Nominee and
Nominations Tables
The tables at the end of this report, Appendices 1-8, were generated from a CRS
database of nomination dates and actions created by Mitchel A. Sollenberger, former
CRS Analyst in American National Government, and Maureen Bearden, CRS
Information Research Specialist, with guidance from Clay H. Wellborn and Denis
Steven Rutkus, CRS Specialists 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)11 and from daily
editions of volumes 147-152 of the Congressional Record (for the years 2001-2006).
Nominee Tables
As noted previously, Appendices 1 and 5 list the names of all persons nominated
by George W. Bush during his presidency (as of April 7, 2006) to the circuit courts
and to the district courts. These tables also show, in one row for each nominee:
! how often and when the person was nominated to a particular
judgeship;
! whether and when the person was confirmed;
! if confirmed, the number of days that elapsed between the date of the
first nomination and the confirmation;
! the outcome or status or the person’s last nomination, if the final
disposition was not one of confirmation or if the nomination was
pending as of April 7, 2006;12
! if not confirmed, the number of days that elapsed between the date of
the person’s first nomination and the final outcome or pendency date
of the person’s last nomination.
Appendices 1 and 5 show all of the persons nominated by President Bush to the
circuit and district courts. These tables, however, do not provide comprehensive
information on committee and full Senate actions taken on these individuals’
nominations — such as the dates of committee hearings, committee votes, Senate
procedural votes, and Senate votes on their nominations, as well as roll call numbers
11 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).
12 For each nominee not confirmed as of Apr. 7, 2006, the outcome or status of his or her
last nomination was one of the following: (1) The nomination was returned to the President
when the Senate adjourned for, or took a recess of, more than 30 days; (2) the nomination
was withdrawn by the President; or (3) the nomination was pending in the Senate as of Apr.
7, 2006. Columns in Appendices 1 and 5, separate from those showing confirmation dates,
indicate the last nominations of nominees which were returned or withdrawn, and the dates
of such actions, as well as the nominations that were pending as of Apr. 7, 2006.

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CRS-6
(where Senate votes were by roll call). Detailed information of this sort is provided
in Appendices 2-4 (for circuit nominations) and 5-8 (for district nominations).
Nominations Tables
The presidency of George W. Bush has coincided in time with three Congresses
— the 107th Congress (2001-2002), the 108th (2003-2004), and the 109th (2005-
present). Six tables list all of the circuit and district court nominations made by
President Bush during each Congress, and any committee or Senate actions taken on
the nominations. Appendices 2, 3, and 4 provide this information for circuit court
nominations in the 107th, 108th, and 109th Congresses, respectively, and Appendices
6, 7, and 8 do so for district court nominations in the same respective Congresses.13
Nominations in all six of these 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:
! 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 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).14 An entry of “Withdrawn 03/19/01,” as another
example, indicates that, on that date, the nomination was withdrawn by the
President.15 The dates and roll call votes of other procedural actions affecting
13 Appendix 2 excludes from its listing nine circuit court nominations submitted at the start
of the 107th Congress by outgoing President William J. Clinton. 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 Mar. 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.
14 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.
15 A President may withdraw a nomination for any number of reasons. The Mar. 19, 2001,
withdrawal by President Bush of nine nominations submitted earlier by President William
J. Clinton, mentioned in a table note to Appendix 2, was in keeping with the usual practice
(continued...)

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CRS-7
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 is shown in two forms — as the mean number, and as the median number, of
elapsed days.16 Although the arithmetic mean is the true “average” number, it has the
disadvantage of being skewed by extremely high or low values in a distribution of
numbers. “Loosely speaking,” one statistician has noted, “the median corresponds
more closely than the mean to the middle of a distribution [in a group of numbers].
It is unaffected by extreme values.”17
The time averages presented in Appendices 2-4 and Appendices 6-8 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
15 (...continued)
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. As
of Apr. 7, 2006, President Bush had withdrawn three of his circuit nominations and two of
his district court nominations. See, in Appendix 3, 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 Appendix 4, the Feb. 14, 2005, circuit
nomination of Henry W. Saad, which was withdrawn on Mar. 27, 2006, and the Sept. 29,
2005, nomination of James H. Payne, which was withdrawn on Mar. 7, 2006; in Appendix
7, the Jan. 7, 2003, district nomination of Frederick W. Rohlfing III, which was withdrawn
on May 6, 2004; and, in Appendix 8, the Feb. 14, 2005, district nomination of Daniel P.
Ryan, which was withdrawn on Mar. 30, 2006.
16 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
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.
17 William H. Green, Econometric Analysis, 5th ed. (Upper Saddle River, NJ: Prentice Hall,
2003), p. 847. For an introduction to median versus mean and arguments surrounding when
each should be used, see chapter 3 in Alan Agresti and Barbara Finlay, Statistical Methods
for the Social Sciences, 3rd ed. (Upper Saddle River, NJ: Prentice Hall, 1997).

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CRS-8
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.18
As noted above, some individuals were nominated more than once to a judgeship
within the same Congress. Appendix 2 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.19 Appendix 5
includes 20 district court nominations submitted by President Bush during the107th
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, as Appendix 3 shows, three
individuals were nominated to circuit judgeships twice during the 108th Congress,
once in the first session and again in the second session.20
Several of President Bush’s judicial nominees also have been nominated in more
than one Congress. Appendix 3, for example, shows that the first 14 circuit court
nominations in the 108th Congress were of individuals previously nominated in the
107th Congress. Likewise, Appendix 7 shows that the first 15 district court
18 In Appendix 2, 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 Appendix 5, 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.
19 As noted earlier, Senate Rule XXXI, paragraph 6, provides that nominations pending in
the Senate at the time that the Senate adjourns or takes a recess of more than 30 days shall
be returned to the President. Usually, but not always, the Senate, before starting a recess
of more than 30 days, waives this rule by unanimous consent, allowing pending nominations
to remain in “status quo” and continue to be pending in the Senate after it reconvenes.
Sometimes, however, when Rule XXXI, paragraph 6, is not waived, nominations, pursuant
to the rule, are returned to the President and can only be considered again if they are
resubmitted by the President.
20 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.

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CRS-9
nominations in the 108th Congress were of individuals previously nominated in the
107th Congress.21
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, 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.22 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.23
Statistical Findings from the Tables
Circuit Court Nominees During the Presidency
of George W. Bush
Between January 20, 2001, and April 7, 2006, 43 of President George W. Bush’s
58 nominees to the U.S. circuit courts received Senate confirmation.24 Of the 15
nominees not confirmed, the nominations of four were returned at the end of a
Congress and not resubmitted in a subsequent Congress;25 the nominations of three
were withdrawn by the President (one during the 108th Congress, two during the 109th
21 All of these resubmitted nominations are footnoted in Appendices 3 and 7 to indicate that
the persons involved also had been nominated in the 107th Congress.
22 All of the nominations returned at the end of the 108th Congress which were resubmitted
in the 109th Congress have footnotes in Appendices 3 and 7 to indicate that fact.
23 See in Appendices 2 and 3 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 Appendices 6 and 7 the district court
nominations in the 107th and 108th Congresses of Thomas L. Ludington and James C. Dever
III.
24 Appendix 1 identifies all of President Bush’s confirmed circuit court nominees and their
confirmation dates, as of Apr. 7, 2006, listing the nominees chronologically by the date on
which they were first nominated.
25 The Oct. 8, 2001, nomination of William H. Steele of Alabama (in Appendix 2) was
returned to the President at the end of the 107th Congress and not resubmitted in a
subsequent Congress. The Jan. 7, 2003, nomination of Carolyn A. Kuhl of California, the
Jan. 7, 2003, and Feb. 6, 2004, nominations of Charles W. Pickering Sr. of Mississippi, and
the Jan. 20, 2004, nomination of Claude A. Allen of Virginia (all in Appendix 3) were
returned to the President at the end of the 108th Congress and not resubmitted in the 109th
Congress.

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CRS-10
Congress);26 and the nominations of the eight others were pending, as of April 7,
2006.27
Nominees Failing to Receive Senate Votes after Unsuccessful
Cloture Motions. None of President Bush’s circuit court nominees has been
rejected by the Senate on a vote of whether to confirm. However, in the 108th
Congress, in the face of significant opposition to their nominations on the Senate
floor, 10 circuit court nominees failed to receive final Senate votes after one or more
motions to close debate on their nominations proved unsuccessful.28 Subsequently,
in the 109th Congress, a compromise was reached in the Senate over filibusters of
judicial nominations,29 which resulted in confirmation votes for five of those 10 circuit
nominees.30 Four others among the 10, however, ultimately failed to gain
confirmation. Of the four, the nomination of one was withdrawn in the 108th Congress
(after seven unsuccessful votes on motions to close debate);31 the nominations of two
were returned at the end of the 108th Congress and were not followed by renomination
in the 109th Congress;32 and a renomination of the fourth was withdrawn in the 109th
Congress.33 The 10th nominee on whom the Senate could not agree to close debate
in the 108th Congress was renominated in the 109th Congress, and that nomination, as
26 See, in Appendix 3, the Jan. 7, 2003, nomination of Miguel A. Estrada of Virginia and,
in Appendix 4, the Feb. 14, 2005, nomination of Henry W. Saad of Michigan and the Sept.
29, 2005, nomination of James H. Payne of Oklahoma.
27 Circuit court nominees pending as of Apr. 7, 2006, are identified as such in Appendix
1.
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. During the 108th Congress,
the 10 nominations on which the Senate voted, on one or more occasions, not to close debate
were: The Jan. 7, 2003, nominations of Miguel Estrada of Virginia, Richard A. Griffin of
Michigan, Carolyn B. Kuhl of California, David W. McKeague of Michigan, Priscilla
Richman Owen of Texas, Charles W. Pickering of Mississippi, and Henry W. Saad of
Michigan; the Apr. 9, 2003, nomination of William H. Pryor Jr. of Alabama; the May 15,
2003, nomination of William Gerry Myers III of Idaho; and the July 25, 2003, nomination
of Janice R. Brown of California. On each of these occasions, as Appendix 3 shows, the
number of votes needed to close debate fell short of 60.
29 For an account of how this compromise was reached, as well as of the details of the
compromise, see David Nather, “The Centrists Strike Back,” CQ Weekly, vol. 63, May 30,
2005, p. 1420.
30 See, in Appendix 4, the Feb. 14, 2005, nominations of Richard A. Griffin, David W.
McKeague, Priscilla Richman Owen, William H. Pryor Jr., and Janice R. Brown — all
subsequently confirmed..
31 See, in Appendix 3, the Jan. 7, 2003, nomination of Miguel A. Estrada.
32 See, in Appendix 3, the Jan. 7, 2003, nominations of Carolyn A. Kuhl and Charles W.
Pickering Sr.
33 See, in Appendix 4, the Feb. 14, 2005, nomination of Henry W. Saad.

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CRS-11
of April 7, 2006, was pending in the Senate (having been reported by the Senate
Judiciary Committee more than a year earlier, on March 17, 2005).34
Recess Appointments. Two of the 10 circuit nominees on whom the Senate
could not agree to close debate in the 108th Congress were, later in that Congress,
given temporary recess appointments by President Bush. After the recess appointment
of one of these nominees expired at the end of the 108th Congress, he was not re-
nominated by President Bush in the 109th Congress.35 Prior to the expiration of the
other nominee’s recess appointment, he was renominated by President Bush in the
109th Congress and subsequently confirmed by the Senate.36
Nominees Defeated in Committee. Two of President Bush’s circuit
nominees were defeated in committee votes. These defeats occurred when the Senate
Judiciary Committee, in the 107th Congress, voted not to report their nominations to
the Senate.37 The two nominees were renominated by President Bush in the 108th
Congress and this time were reported out favorably by the Judiciary Committee.38
However, they (along with eight other circuit nominees) failed to receive final Senate
votes in the 108th Congress, after motions to close debate on their nominations proved
unsuccessful. Ultimately, one of the two nominees was renominated in the 109th
Congress and confirmed by the Senate in a 55-43 roll call vote.39 The other nominee
was given a temporary recess appointment by President between the first and second
34 See, in Appendix 4, the Feb. 14, 2005, nomination of William Gerry Myers III.
35 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 Appendix 3, see the Jan. 7, 2003, and Feb. 6, 2004,
nominations of Judge Pickering, both of which were returned to the President on Dec. 8,
2004.
36 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 was to expire at the end of the Senate’s first session in the 109th
Congress, the sine die adjournment of which occurred on Dec. 22, 2005. However, on Feb.
14, 2005, early in the 109th Congress, Mr. Pryor was renominated by President Bush and
confirmed on June 9, 2005, more than six months before his recess appointment would have
expired. See, in Appendix 3, the Apr. 9, 2003, and Mar. 12, 2004, nominations of Mr.
Pryor, both of which were returned to the President on Dec. 8, 2004, and, in Appendix 4,
the Feb. 14, 2005, nomination, which was confirmed.
37 See, in Appendix 2, the Sept. 4, 2001, nominations of Priscilla Richman Owen of Texas
and Charles W. Pickering, Sr., of Mississippi, both to the Fifth Circuit. In the case of both
nominations, the committee defeated successive motions to report favorably, to report
without recommendation, and to report unfavorably (doing so with the Pickering nomination
on Mar. 14, 2002, and with the Owen nomination on Sept. 5, 2002).
38 See, in Appendix 3, the Jan. 7, 2003, nominations of Priscilla Richman Owen and Charles
W. Pickering Sr.
39 See, in Appendix 4, the Feb. 14, 2005, nomination of Priscilla Richman Owen.

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CRS-12
sessions of the 108th Congress; at the end of that Congress, his recess appointment
expired, and he was not renominated by President Bush in the 109th Congress.40
Length in Time of the Appointment Process. Appendix 1 reveals that
President Bush’s circuit court nominees have varied considerably in how quickly they
have advanced through the appointment process.41 For some who were nominated
more than once to a circuit judgeship, the elapsed time between first nomination and
final disposition on a subsequent nomination has extended over two or more
Congresses. For other individuals, though, the overall appointment process was
much briefer.
Specifically, Appendix 1 shows that, during the course of his presidency, 32 of
George W. Bush’s 58 circuit court nominees have been nominated in two or more
Congresses — with 27 nominated in two Congresses, and five nominated in three
successive Congresses. Of the five nominated in three Congresses, four have been
confirmed,42 while the nomination of the fifth person was pending in the 109th
Congress as of April 7, 2006.43
Confirmed Nominees. The longest interval between first nomination and
confirmation for a Bush circuit nominee was 1,477 days — slightly more than four
years.44 The least amount of elapsed time for a circuit nominee between first
nomination and confirmation was 69 days.45 The bottom rows of Appendix 1 show
40 See above footnote regarding the Jan. 16, 2004, recess appointment of Charles W.
Pickering Sr. of Mississippi to the Fifth Circuit by President Bush.
41 Specifically, it will be noted, the table shows the number of days that elapsed from the
date of each nominee’s first nomination to the date of the final disposition of the nominee’s
last nomination, or to April 7, 2006, if pending as of that date.
42 See the nominations of: Priscilla Richman Owen to the Fifth Circuit on May 9, 2001,
and Sept. 4, 2001 (both in 107th Congress), Jan. 7, 2003 (108th Congress), and Feb. 14, 2005
(109th Congress) — the last confirmed on May 25, 2005; David W. McKeague to the Sixth
Circuit on Nov. 8, 2001 (107th Congress), Jan. 7, 2003 (108th Congress), and Feb. 14, 2005
(109th Congress) — the last confirmed on June 9, 2004; Susan Bieke Neilson to the Sixth
Circuit on Nov. 8, 2001 (107th Congress), Jan. 7, 2003 (108th Congress), and Feb. 14, 2005
(109th Congress) — - the last confirmed on Oct. 27, 2005; and Richard A. Griffin to the
Sixth Circuit on June 26, 2002 (107th Congress), Jan. 7, 2003 (108th Congress), and Feb. 14,
2005 (109th Congress) — the last confirmed on June 9, 2005.
43 See the nominations of Terrence W. Boyle to the Fourth Circuit on May 9, 2001, and Sept.
4, 2001 (both in the 107th Congress), Jan. 7, 2003 (108th Congress), and Feb. 14, 2005 (109th
Congress) — the last pending as of Apr. 7, 2006.
44 See again, in Appendix 1, nominee Priscilla Richman Owen, first nominated on May 9,
2001, and confirmed on May 25, 2005. The circuit nominees with the next highest number
of days elapsed between their first nomination and confirmation were the other three
nominees, mentioned above, who were confirmed after being nominated in three straight
Congresses: Susan Bieke Neilson (1,449 days — first nominated Nov. 8, 2001), David W.
McKeague (1,309 days — first nominated Nov. 8, 2001), and Richard A. Griffin (1,079 days
— first nominated June 26, 2002).
45 See in Appendix 1 the nomination of Michael A. Chagares on Jan. 25, 2006, which was
(continued...)

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CRS-13
that for President Bush’s 43 circuit nominees confirmed, as of April 7, 2006, the
average elapsed time between first nomination and final disposition was 394 days.
This average, or mean, was arrived at by summing the number of days between first
nomination and confirmation for all 43 nominees in question, and then dividing by 43.
However, the median elapsed time (i.e., the time interval for the nominee in the
midpoint of the distribution of the 43 confirmed nominees) was significantly less —
234 days. In other words, for 21 of the 43 confirmed circuit nominees, the elapsed
time between first nomination and confirmation was less than 234 days; for one
nominee, in the midpoint of the distribution, the elapsed time was exactly 234 days;46
and for 21 others, the elapsed time was more than 234 days.47
Withdrawn or Returned Nominees. As noted previously,48 seven other
circuit court nominees saw their last nominations withdrawn by the President or
returned to the President and did not have nominations pending before Congress as
of April 7, 2006. Among the seven nominees, the most elapsed time between first
nomination and final disposition of last nomination was 1,600 days,49 whereas the
least elapsed time for this interval was 159 days.50 The mean elapsed time for the
relatively small number of nominees in this category was 876 days, and the median
elapsed time was 848 days.
45 (...continued)
confirmed 69 days later on Apr. 4, 2006. The circuit nominees with the next-fewest number
of days of elapsed time between their first (and only) nomination and confirmation were
William J. Riley to the Eighth Circuit (71 days — nominated May 23, 2001), Roger L.
Gregory to the Fourth Circuit (72 days — nominated May 9, 2001), and Allyson K. Duncan
to the Fourth Circuit (80 days — nominated Apr. 28, 2003). It should be noted that Mr.
Gregory had been nominated twice earlier by President William J. Clinton — with the
second nomination occurring in the last days of the Clinton presidency — and that President
Bush, upon assuming office, withdrew that second nomination, only to renominate Mr.
Gregory himself on May 9, 2001. However, Appendix 1 lists the May 9, 2001, nomination
as not the second or third, but the first and only nomination, of Mr. Gregory, because it is
a table devoted exclusively to President Bush’s circuit court nominees.
46 See, in Appendix 1, the first, and only, nomination of Raymond W. Gruender to the
Eighth Circuit on Sept. 29, 2003, which was confirmed on May 20, 2004 — a nomination-
to-confirmation time interval of 234 days.
47 The mean (394 days) was much higher than the median (234 days) because the amount
of time elapsed between certain nominees’ first nominations and their confirmation dates
was markedly higher than nearly all other nominees. See in particular nominees Priscilla
Richman Owen (elapsed time 1,477 days), Susan Bieke Neilson (1,449 days), David W.
McKeague (1,309 days), and Richard A. Griffin (1,079 days).
48 See footnotes 25 and 26.
49 See, in Appendix 1, the first nomination of Henry W. Saad to the Sixth Circuit on Nov.
8, 2001, and the withdrawal of his third, and last, nomination by President Bush on Mar. 27,
2006 — 1,600 days later.
50 See, in Appendix 1, the first, and only, nomination of James H. Payne to the Tenth
Circuit on Sept. 29, 2005, which was withdrawn by the President on Mar. 7, 2006, 159 days
later.

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CRS-14
Pending Nominees. Eight other circuit court nominees had nominations
pending in the 109th Congress, as of April 7, 2006. One of the eight nominees was
among the first individuals to be nominated by President Bush to the circuit courts;
the elapsed time from his first nomination date of May 9, 2001, to April 7, 2006
(when his fourth nomination remained pending), was 1,794 days — one month less
than five years.51 For three other circuit nominees, as of April 7, 2006, more than two
and one-half years had elapsed between their first nominations and their pending
second nominations.52 By contrast, for the four other individuals with pending circuit
court nominations, the elapsed times between their first (and only) nomination dates
in the 109th Congress and April 7, 2006, were comparatively brief — 52 days for the
shortest elapsed time,53 and 112 days for the longest elapsed time.54
President Bush’s Circuit Court Nominations
During Particular Congresses
The following are among the key statistical findings concerning President Bush’s
circuit court nominations during particular Congresses, and the actions and amount
of time taken on them.
The 107th Congress. President Bush 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
September 2001. Hence, 32 individuals were nominated by President Bush to circuit
judgeships during the 107th Congress.
Of these 32 individuals, 17 were confirmed by the Senate (14 by roll call votes),55
and 15 saw their nominations returned to the President at the final adjournment of the
51 See, in Appendix 1, nominee Terrence W. Boyle, first nominated to the Fourth Circuit
on May 9, 2001, and whose fourth nomination was pending as of Apr. 7, 2006 — 1,794 days
later.
52 See, in Appendix 1, nominees William Gerry Myers III (first nominated to the Ninth
Circuit on May 15, 2003), Brett M. Kavanaugh (first nominated to the D.C. Circuit on July
25, 2003), and William James Haynes II (first nominated on Sept. 29, 2003), whose first
nomination-to-pendency of second nomination time intervals, as of Apr. 7, 2006, were
1,058, 987, and 921 days, respectively
53 See, in Appendix 1, the Feb. 14, 2006, nomination of Milan D. Smith to the Ninth Circuit.
54 See, in Appendix 1, the Dec. 16, 2005, nomination of Norman R. Smith to the Ninth
Circuit.
55 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.
See Appendix 2.

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CRS-15
107th Congress. Of the 15 nominees not confirmed, 12 did not receive a Judiciary
Committee hearing; one received a committee hearing but not a committee vote;56 and
two were defeated in committee when the Judiciary Committee voted not to report
their nominations.57 The President renominated 14 of the 15 unconfirmed nominees
at the start of the 108th Congress.58
For circuit nominations that received committee hearings, committee votes, or
Senate confirmation votes in the 107th Congress, the average (mean) numbers of days
that elapsed between the date the nomination was received in the Senate and the
aforementioned actions were as follow:
! For 19 of the 20 circuit nominations receiving committee hearings,59
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, and
the longest time was 387 days.
! For the 19 circuit nominations receiving committee votes, 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,60 and the longest time (for two nominations) was 436 days.
! For the 17 circuit nominations receiving final Senate votes (all in
favor of confirmation), 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, and the
longest time was 441 days.
56 See, in Appendix 2, the Sept. 4, 2001, nomination of Miguel A. Estrada to the D.C.
Circuit.
57 See, in Appendix 2, the Sept. 4, 2001, nominations of Priscilla Richman Owen and
Charles W. Pickering Sr., both to the Fifth Circuit.
58 The Oct. 9, 2001, nomination of William H. Steele to the Eleventh Circuit, in Appendix
2, was returned to the President at the final adjournment of the 107th Congress on Nov. 20,
2002. Mr. Steele was not re-nominated in the 108th Congress. Table notes in Appendix
3 identify the 14 other circuit nominees who were renominated in the 108th Congress, after
their earlier nominations were returned to the President at the end of the 107th Congress.
59 A 20th 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, in Appendix 2, the
Sept. 24, 2001, nomination of Sharon Prost, in anticipation of which the Senate Judiciary
Committee held a hearing, on Aug. 27, 2001.
60 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, in Appendix
2, 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.

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CRS-16
The 108th Congress. President Bush nominated 34 individuals to circuit court
judgeships during the 108th Congress, including 14 who had first been nominated in
the 107th Congress and then resubmitted. Of the 34 nominees, 18 (including five of
the resubmissions) were confirmed by the Senate (14 by roll call votes),61 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),62 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.63 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.64
The nomination of one of the other 10 nominees was withdrawn by the President, after
61 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, numbers 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, 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. See Appendix 3.
62 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 the 107th 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. See Appendices 2, 3, and 4.
63 As noted earlier, the 10 nominations on which the Senate voted, on one or more occasions,
not to close debate were the Jan. 7, 2003, nominations of Miguel Estrada of Virginia,
Richard A. Griffin of Michigan, Carolyn B. Kuhl of California, David W. McKeague of
Michigan, Priscilla R. Owen of Texas, Charles W. Pickering Sr. of Mississippi, and Henry
W. Saad of Michigan; the Apr. 9, 2003, nomination of William H. Pryor Jr. of Alabama; the
May 15, 2003, nomination of William Gerry Myers III of Idaho; and the July 25, 2003,
nomination of Janice R. Brown of California. See Appendix 3.
64 See, in Appendix 2 , the Mar. 14, 2002, votes by the Senate Judiciary Committee against
reporting the nomination of Charles W. Pickering Sr. and the Sept. 5, 2002, votes by the
committee against reporting the nomination of Priscilla Richman Owen.

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CRS-17
seven unsuccessful motions were made in the Senate to close debate on the
nomination.65
For circuit nominations that received committee hearings, committee votes, or
Senate confirmation votes in the 108th Congress, the average (mean) numbers of days
that elapsed between the date the nomination was received in the Senate and the
aforementioned actions were as follow:
! For the 31 circuit nominations receiving hearings, 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, and the longest time was 610 days.
! For the 30 circuit nominations receiving committee votes, an average
of 173 days elapsed between Senate receipt and committee vote; the
briefest time elapsing from Senate receipt to committee vote was 23
days, and the longest time 636 days.
! For the 18 circuit nominations which 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, and the longest time
was 234 days.66
The 109th Congress. As of April 7, 2006, the President had nominated 18
individuals to circuit court judgeships during the 109th Congress. The 18 nominees
included 12 who were nominated in the 108th Congress and then renominated in the
109th Congress. Seven of the 12 had seen one or more unsuccessful votes on the
Senate floor to close debate on their nominations in the 108th Congress. Of the 18
nominees in the 109th Congress, the nominations of eight (seven of them
resubmissions from the 108th Congress) were confirmed by the Senate (all by roll
65 See, in Appendix 3, the 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.
66 Appendix 3 excludes from the measurement and averaging of times from Senate receipt
to final Senate vote 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.

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CRS-18
call);67 two were withdrawn by the President;68 and eight were pending. One of the
18 nominees was nominated twice in the 109th Congress; after his first nomination
was returned at the end of the first session (the only judicial nomination which the
Senate returned to the President at the end of the session), the individual was
renominated by the President at the start of the Congress’s second session.69 Fourteen
of the 18 circuit nominees in the 109th Congress had received hearings (either in the
109th or in the prior Congress), and the nominations of 10 had been reported out of
committee, all favorably. Of the eight nominees pending as of April 7, 2006, three
awaited hearings, three awaited committee votes, and two awaited Senate floor action.
For circuit nominations that received committee hearings, committee votes, or
Senate confirmation votes in the 109th Congress, as of April 7, 2006, the average
(mean) numbers of days that elapsed between the date the nomination was received
in the Senate and the aforementioned actions were as follow:
! For the five circuit nominations receiving hearings in the 109th
Congress,70 an average of 35 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 15 days, and the longest time was 75 days.
! For the 10 circuit nominations receiving committee votes, an average
of 95 days elapsed between Senate receipt and committee vote; the
briefest time elapsing from Senate receipt to committee vote was 31
days, and the longest time was 248 days.
! For the eight circuit nominations which received Senate votes on
whether to confirm, an average of 125 days elapsed between Senate
receipt and final Senate vote; the briefest time elapsing from Senate
receipt to Senate confirmation vote was 69 days, and the longest time
was 255 days.
67 On three of the nominations, the roll call votes were relatively close, and on a fourth
nomination 24 votes were cast against confirmation. See in Appendix 4, the 53-45 vote on
June 9, 2005, confirming William H. Pryor Jr. of Alabama to the Eleventh Circuit; the 55-43
vote on May 25, 2005, confirming Priscilla Richman Owen of Texas to the Fifth Circuit; the
56-43 vote on June 8, 2005, confirming Janice R. Brown of California to the Ninth Circuit;
and the 73-24 vote on June 14, 2005, confirming Thomas B. Griffith to the District of
Columbia Circuit. On the four other roll call votes, the Senate voted unanimously in favor
of confirmation.
68 See in Appendix 4 the Feb. 14, 2005, nomination of Henry W. Saad of Michigan to the
Sixth Circuit (withdrawn on Mar. 27, 2006), and the Sept. 29, 2005, nomination of James
H. Payne of Oklahoma to the Tenth Circuit (withdrawn on Mar. 7, 2006).
69 See in Appendix 4 the Feb. 14, 2005, and Jan. 25, 2006, nominations of Brett M.
Kavanaugh of Maryland to the District of Columbia Circuit.
70 Nine other circuit court nominees in the109th Congress had received hearings earlier, on
nominations referred to the Judiciary Committee in the 108th Congress.

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CRS-19
District Court Nominees During the Presidency
of George W. Bush
During the presidency of George W. Bush — from January 20, 2001, through
April 7, 2006 — 189 of his 206 nominees to the U.S. district courts have received
Senate confirmation. Of the 17 nominees not confirmed, the nominations of two were
withdrawn by the President (one during the 108th Congress, the other during the 109th
Congress),71 and the nominations of the 15 others were pending, as of April 7, 2006.
None of President Bush’s district court nominees has been defeated in a committee
vote or rejected in a Senate confirmation vote.
An examination of Appendix 5 reveals that President Bush’s district court
nominees have varied considerably in how quickly they have advanced through the
appointment process. Of the 206 individuals nominated by the President to district
judgeships, 185 were in nominee status during only one Congress (with 173 confirmed
in their respective Congresses and with 12 pending in the 109th Congress, as of April
7, 2006). Of the remaining 21 individuals, 19 were in nominee status in two
Congresses,72 and two were in nominee status in three Congresses.73 Fifteen of the 21
were confirmed in the first session of the second Congress in which they were
nominated (13 within four and one-half months, and the other two within eight
months, of their nominations in that Congress). Of the six others, three had
nominations pending as of April 7, 2006;74 two had seen their final nominations
71 See, in Appendices 5 and 7, the Jan. 7, 2003, nomination of Frederick W. Rohlfing III
to the District of Hawaii (withdrawn on May 6, 2004), and in Appendices 5 and 8 the Feb.
14, 2005, nomination of Daniel P. Ryan to the District of Eastern Michigan (withdrawn on
Mar. 30, 2006).
72 Examination of Appendix 5 reveals that 13 individuals were nominated to district
judgeships in both the 107th and 108th Congresses, and that six others were nominated to
district judgeships in both the 108th and 109th Congresses. While Appendix 5 does not list
the specific Congresses in which these persons were nominated, it does, as discussed, list
the dates of their nominations. The Congresses during which these nominations were made
can be identified readily by matching their dates with the years of the three Congresses in
question — 2001-2002 for the 107th, 2003-2004 for the 108th, and 2005-2006 for the 109th.
73 The two were James C. Dever (first nominated to the Eastern District of North Carolina
on May 22, 2002, and ultimately confirmed on Apr. 28, 2005), and Thomas L. Ludington
(first nominated to the District of Eastern Michigan on Sept. 12, 2002, and whose third
nomination was pending, as of Apr. 7, 2006). See Appendix 5.
74 See, in Appendix 5, the following three nominees, who had nominations pending in the
109th Congress, as of Apr. 7, 2006: Thomas L. Ludington, first nominated on Sept. 12,
2002, in the 107th Congress, nominated again on Jan. 7, 2003, in the 108th Congress, and
nominated a third time, on Feb. 14, 2005, in the 109th Congress; Peter G. Sheridan, first
nominated on Nov. 5, 2003, in the 108th Congress, and nominated a second time, on Feb.
14, 2005, in the 109th Congress; and Sean F. Cox, first nominated on Sept. 10, 2004, in the
108th Congress, and nominated a second time, on Feb. 14, 2005, in the 109th Congress.

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CRS-20
withdrawn;75 and one was confirmed — but only after being nominated in three
consecutive Congresses.76
Confirmed Nominees. Of President Bush’s 189 confirmed district court
nominees, 173 were confirmed within the same Congress in which they were first
nominated, with 16 confirmed in a subsequent Congress. The most elapsed time for
a district court nominee between first nomination and confirmation was 1,072 days,
or more than two years and 11 months.77 The least amount of elapsed time for a
district nominee between first nomination and confirmation was 57 days.78 The
bottom rows of Appendix 5 show that for President Bush’s 189 district court
nominees confirmed as of April 7, 2006, the average, or mean, elapsed time between
first nomination and confirmation was 162 days, whereas the median elapsed time
(i.e., the time interval for the nominee in the midpoint of the distribution of the 189
confirmed nominees) was 137 days.
Withdrawn Nominees. Two of President Bush’s district court nominees saw
their nominations withdrawn. One had been nominated in the 107th and 108th
Congresses, the other in the 108th and 109th Congresses. The elapsed times between
their first nominations and the withdrawal of their second (and final) nominations
were 834 days and 1,067 days respectively.79
Pending Nominees. As already noted, 15 other district court nominees had
nominations pending in the 109th Congress, as of April 7, 2006. Three of the 15 had
75 See, in Appendix 5, nominees Frederick W. Rohlfing III, first nominated on Jan. 23,
2002, in the 107th Congress, and whose second nomination, on Jan. 7, 2003, in the 108th
Congress, was withdrawn on May 6, 2004, and Daniel P. Ryan, first nominated on Apr. 28,
2003, in the 108th Congress, whose second nomination on Feb. 14, 2004, in the 109th
Congress, was withdrawn, on Mar. 30, 2006.
76 See, in Appendix 5, nominee James C. Dever III, first nominated on May 22, 2002, in the
107th Congress, nominated again on Jan. 7, 2003, in the 108th Congress, and nominated a
third time, on Feb. 14, 2005, in the 109th Congress, and who ultimately was confirmed, on
Apr. 28, 2005.
77 See again, in Appendix 5, nominee James C. Dever III for the Eastern District of North
Carolina, 1,072 days between first nomination on May 22, 2002, and confirmation on Apr.
28, 2005. The nominees with the next-highest number of days elapsed between their first
nomination and confirmation were Robert J. Conrad Jr. to the Western District of North
Carolina, 731 days between first nomination on April 28, 2003, and confirmation on Apr.
28, 2005, and J. Leon Holmes to the Eastern District of Arkansas, 524 days between first
(and only) nomination on Jan. 29, 2003 and, confirmation on Sept. 6, 2004.
78 See, in Appendix 5, nominees James V. Selna for the Central District of California and
Philip P. Simon for the Northern District of Indiana, both nominated on Jan. 29, 2003, and
both confirmed on Mar. 27, 2003 — an interval of 57 days.
79 See again, in Appendix 5, nominee Frederick W. Rohlfing III for the District of Hawaii,
834 days between first nomination, on Jan. 23, 2002, in the 107th Congress, and withdrawal
of second nomination, on May 6, 2004, in the 108th Congress, and Daniel P. Ryan for
Eastern District of Michigan, 1,067 days between first nomination on Apr. 28, 2003, in the
108th Congress, and withdrawal of second nomination, on Mar. 30, 2006, in the 109th
Congress.

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CRS-21
been nominated initially in the 108th Congress and then were renominated in the 109th,
whereas the other 12 had been nominated for the first and only time in the 109th
Congress. Among the 15, the most elapsed time from date of first nomination to April
7, 2006, was 1,303 days, or roughly three and one-half years, for one nominee.80 The
least amount of elapsed time between first nomination date and the April 7, 2006,
cutoff point was 52 days.81
President Bush’s District Court Nominations
During Particular Congresses
The following are among the key statistical findings concerning President Bush’s
district court nominations during particular Congresses, and the actions and amounts
of time taken on them.
The 107th Congress. President Bush submitted a total of 118 district court
nominations to the Senate during the 107th Congress.82 Twenty of the 118
nominations, however, were resubmissions (renominations). 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, 98
individuals were nominated by President Bush to district judgeships during the 107th
Congress.
Of these 98 individuals, 83 were confirmed by the Senate (45 by roll call votes),83
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.

For district court nominations which received committee hearings, committee
votes, or Senate confirmation votes in the 107th Congress, the average (mean) numbers
80 See, in Appendix 5, nominee Thomas L. Ludington for the Eastern District of Michigan,
1,303 days between first nomination on Sept. 12, 2002, and Apr. 7, 2006. The nominee
with the next-highest number of days elapsed between first nomination, on Nov. 5, 2003,
and pending status, as of Apr. 7, 2006, was Peter G. Sheridan, for the District of New Jersey
— 884 days.
81 See, in Appendix 5, nominees Frank D. Whitney, for the Western District of North
Carolina, and Jerome A. Holmes, for the Northern District of Oklahoma, both nominated
on Feb. 14, 2006, with their nominations pending as of Apr. 7, 2006.
82 See Appendix 6.
83 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. See Appendix 6.

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CRS-22
of days that elapsed between the date the nomination was received in the Senate and
the aforementioned actions were as follow:
! For 81 district nominations receiving committee hearings, an average
of 87 days elapsed between the date a nomination was received in the
Senate and the holding of a hearing;84 the briefest time elapsing for
a district nomination from Senate receipt to committee hearing was
nine days, and the longest time (for three nominations) was 257 days.
! For the 83 district nominations receiving committee votes, 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,85 and the longest time (for two nominations) was 258 days.
! For the 83 district nominations receiving final Senate votes (all for
confirmation), 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, and the
longest time (for three nominations) was 295 days.
The 108th Congress. During the 108th Congress, President Bush nominated
96 individuals to district court judgeships.86 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.87 In all but three of the 58 roll calls, the Senate
voted unanimously in favor of confirmation.88 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
84 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, in Appendix 6, the 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.
85 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. See Appendix 6.
86 See Appendix 7.
87 See in Appendix 7 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.
88 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 Appendix 7 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.

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CRS-23
recommendation.89 Of the nine nominees not confirmed, seven did not receive a
hearing, and no committee vote was taken on two others.90 One of the nine district
nominees not confirmed, as 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.
For district court nominations in the 108th Congress which received committee
hearings, committee votes, or Senate confirmation votes, Appendix 7 shows that the
average (mean) numbers of days that elapsed between date of nomination and the
aforementioned actions were as follow:91
! 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, and the longest time was 300 days.
! For the 87 district nominations receiving committee votes, an average
of 111 days elapsed from Senate receipt to committee vote; the
briefest such time interval (for two district nominations) was 30 days,
and the longest time (for two nominations) was 336 days.
! For the 87 district nominations receiving final Senate votes (all for
confirmation), an average of 156 days elapsed between Senate
receipt and Senate vote; the briefest time elapsing for a district court
nomination from Senate receipt to Senate confirmation was 34 days
(for three nominations), and the longest time was 524 days.

The 109th Congress. As of April 7, 2006, President Bush had nominated 35
individuals to district court judgeships during the 109th Congress, including eight who
had been nominated previously in the 108th Congress. The nominations of 19 of the
35, including four of the resubmissions from the 108th Congress, were confirmed
(eight by roll call);92 one was withdrawn;93 and the nominations of the other 15 were
pending. Twenty-four of the 35 nominees had received hearings (22 in the 109th
89 See, in Appendix 7, 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.
90 Two of the nominees not confirmed were nominated relatively late in the Congress, in
September 2004. Although they received committee hearings in November 2004, they were
not reported out of committee in the remaining three weeks of the Congress. See, in
Appendix 7, 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.
91 For time interval averages and longest and shortest elapsed times in the confirmation
process for district court nominations in the 108th Congress, see Appendix 7.
92 On all eight roll calls, the Senate voted unanimously in favor of confirmation.
93 See, in Appendix 8, the Feb. 14, 2005, nomination of Daniel P. Ryan (withdrawn on
Mar. 30, 2006).

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CRS-24
Congress, two in the 108th), and the nominations of 21 had been reported out of
committee, all favorably. Of the 15 nominees pending as of April 7, 2006, 10
awaited hearings, three awaited committee votes, and two awaited Senate floor action.
For district court nominations which received committee hearings, committee
votes, or Senate confirmation votes in the 109th Congress, as of April 7, 2006, the
average (mean) numbers of days that elapsed between the date the nomination was
received in the Senate and the aforementioned actions were as follow:94
! For the 22 district nominations receiving committee hearings,95 an
average of 76 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 17 days, and
the longest time was 212 days.
! For the 21 district court nominations receiving committee votes, an
average of 87 days elapsed between Senate receipt and committee
vote; the briefest time elapsing from Senate receipt to committee vote
was 31 days, and the longest time was 233 days.
! For the 19 district nominations receiving final Senate votes (all for
confirmation), an average of 110 days elapsed between Senate receipt
and Senate vote; the briefest time elapsing from Senate receipt to
Senate confirmation was 56 days, and the longest time was 237 days.
Comparison of President Bush’s Circuit Court
Nominations with His District Court Nominations
Notable differences can be found between President Bush’s circuit court
nomination statistics and those for his district court nominations. Perhaps most
notable, as of April 7, 2006, 74.1% of President Bush’s circuit court nominees (43 of
58) had received Senate confirmation, compared with 91.7% (189 of 206) of his
district court nominees.96 (For President Bush’s immediate predecessor in the White
House, William J. Clinton, the confirmation rate for his circuit court nominees,
71.4%, was also notably less than for his district court nominees, 87.2%. However,
such differences in confirmation rates for circuit and district nominees were either
slight or nonexistent for the three Presidents prior to Clinton.)97
94 For time interval averages and longest and shortest elapsed times in the confirmation
process for district court nominations in the 109th Congress, see Appendix 8.
95 Excluded from this average were the Feb. 14, 2005, nominations of J. Michael Seabright
and Paul A. Crotty. These nominees had received a hearing earlier, in the previous
Congress.
96 These numbers and percentages are derived from the circuit and district nominee lists for
President Bush in Appendices 1 and 5, respectively.
97 See Table 3 and related discussion later in this report, concerning comparative judicial
nominations statistics for five most recent Presidents.

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CRS-25
Also, the Senate has tended to take much longer to act on President Bush’s
circuit court nominees than on his district court nominees. As Table 1, below,
shows, the mean number of days elapsing from first nomination to confirmation for
circuit nominees, 394 days, was more than twice as much as the corresponding time
interval of 162 days for district nominees. Also, the median number of days, from
first nomination to confirmation, was 234 days for circuit nominees, about twice as
long as the corresponding time interval, of 137 days, for district nominees. For
circuit nominees with nominations pending as of April 7, 2006, the mean interval of
630 days between date of first nomination and April 7, 2006, was more than two and
one-half times the corresponding mean interval of 245 days for district nominees; the
median number of days for this time interval for circuit nominees was 517, more than
seven times higher than the corresponding interval of 72 days for district nominees.98
Table 1. Mean and Median Number of Days Elapsed from First
Nomination to Disposition of Last Nomination for President
George W. Bush’s Nominees to U.S. Circuit or District Court
Judgeships, January 20, 2001 - April 7, 2006
Number of days elapsed
from first nomination to ...
Courts to which
nominated
Pending status,
Other final
Confirmation
as of Apr. 7,
disposition a
2006
Mean
Circuit (N=58)
394 (N=43)
876 (N=7)
630 (N=8)
District (N=206)
162 (N=189)
951 (N=2)
245 (N=15)
Median
Circuit (N=58)
234 (N=43)
848 (N=7)
517 (N=8)
District (N=206)
137 (N=189)
951 (N=2)
72 (N=15)
Legend: N = Number of nominees.
Sources: Appendices 1 and 5 at end of this report.

a. The last nominations for these nominees were either withdrawn by the President or returned to the
President.

Another indicator that President Bush’s circuit court nominees have tended to
spend more time in the confirmation process than have his district court nominees is
the number of Congresses in which they have been nominated. Table 2, below,
shows that more than 50% of the persons President Bush nominated to circuit
98 In the case of the relatively small number of nominees (seven circuit and two district)
whose final nominations either were withdrawn by the President or returned to the President,
Table 1 shows that the mean and median number of days elapsed from first nomination to
disposition of last nomination for circuit nominees (876 and 848 days respectively) were
both somewhat less than the mean and median interval of 951 days for district nominees.

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CRS-26
judgeships, as of April 7, 2004, were nominated in two or more Congresses,99 whereas
only about 10% of the persons he nominated to district judgeships were nominated in
more than one Congress.100 As these percentages suggest, President Bush’s usual
practice, when his judicial nominees failed to receive Senate confirmation in one
Congress, was to renominate them in the next Congress.
Table 2. Number of Congresses in Which Persons Were
Nominated by President George W. Bush to U.S. Circuit or
District Court Judgeships, January 20, 2001 - April 7, 2006
Courts to
Total number of
Number of Congresses in which nominated
which
persons
nominated
nominated
One
Two
Three
Circuit
58 (100%)
26 (44.8%)
27 (46.6%)
5 (8.6%)
District
206 (100%)
185 (89.8%)
19 (9.2%)
2 (1.0%)
Circuit and
District
264 (100%)
211 (79.9 %)
46 (17.4%)
7 (2.7%)
combined
Sources: Appendices 1-8 at end of this report.
Comparison of President Bush’s Circuit and District
Nomination Statistics with Those of Other Recent Presidents
The following paragraphs compare selected nominations statistics for the
presidency of George W. Bush, during the 107th-109th Congresses (as of April 7,
2006), with corresponding statistics for the four previous Presidents. The statistics for
President Bush are derived from the tables presented at the end of this report, whereas
corresponding statistics for the four previous Presidents have been taken from an
earlier CRS report.101
99 Specifically, 46.6% were nominated in two Congresses, and 8.6% were nominated in
three Congresses.
100 Specifically, 9.2% were nominated in two Congresses, and 1.0% were nominated in
three Congresses.
101 See CRS Report RL31635, Judicial Nomination Statistics: U.S. District and Circuit
Courts, 1977-2003, by Denis Steven Rutkus and Mitchel A. Sollenberger. This report
provided a comparative look — from presidency to presidency, from Congress to Congress,
and from one congressional session to another — at, among other things, 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. CRS Report RL31635,
however, did not compile one kind of judicial nomination statistic contained in the current
report on George W. Bush’s lower court nominations — namely, the number of days which
elapsed between the first nominations of a President’s circuit and district court nominees
and the final disposition of their last nomination.

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CRS-27
Number of Nominees, Number Confirmed, and Percent Confirmed.
Table 3 provides, for each of the five most recent Presidents, the following judicial
nomination statistics:102
! the total number of persons nominated to circuit and district court
judgeships;
! the number of persons nominated to these judgeships per year;103
! the total number of persons who were confirmed;
! the number of persons who were confirmed per year;104 and
! the percentage of the total number nominated who were confirmed.
The cells in the table, it should be noted, account only for the number of
individuals who were nominees, and do not count “re-submitted” nominations made
when individuals were renominated to the same judgeship during a particular
presidency.
Circuit Court Nominees. Table 3 shows that, as of April 7, 2006, the total
number of persons nominated by President George W. Bush to be circuit judges (58)
was less than the number nominated by Presidents Ronald Reagan in eight years (94),
William J. Clinton in eight years (91), and Jimmy Carter in four years (61), and more
than the number of nominees of his father, George H. W. Bush, in four years (53).105
The number of persons nominated by President Bush per year to be circuit judges
(11.1), was lowest among the five Presidents, although only slightly lower than the
corresponding numbers for Presidents Clinton (11.4) and Reagan (11.8).106
102 Table 3 is an updated and expanded version of Table 2(b) in the previously noted CRS
Report RL31635.
103 The per year numbers of circuit and district nominees for each President were calculated
by dividing each President’s total number of circuit or district nominees by the number of
years in his presidency. Specifically, the nominee totals for the respective Presidents were
divided by 4 for Carter, 8 for Reagan, 4 for George H. W. Bush, 8 for Clinton, and 5.21 for
George W. Bush. The decimal form of 5.21 years for the presidency of George W. Bush,
as of Apr. 7, 2006, was calculated as follows: In the sixth year of his presidency, the
interval between Jan. 20, 2006 and Apr. 7, 2006, was 77 days, or 21% of a year (77 divided
by 365), which was added to 5 years for a sum of 5.21 years.
104 The per year numbers of circuit and district nominees confirmed for each President were
calculated by dividing each President’s total number of confirmed circuit or district
nominees by the number of years in his presidency. See preceding footnote explaining the
calculation of 5.21 years for the number of years in George W. Bush’s presidency, as of
Apr. 7, 2006.
105 Presidents Carter, Reagan, George H. W. Bush and Clinton, it should be noted, were
presented with additional opportunities to make circuit court nominations, over and above
those created by vacancies of existing judgeships, when Congress passed legislation in 1978,
1984, and 1990 creating, respectively, 34, 24, and 11 new circuit judgeships. By contrast,
thus far in George W. Bush’s presidency, no legislation has been enacted creating new
circuit judgeships.
106 President Carter nominated the most circuit nominees per year (15.3), and George H. W.
Bush the second-most (13.3).

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CRS-28
The total number of persons nominated by George W. Bush who were confirmed
(43) was less than the corresponding confirmation numbers for Presidents Reagan
(83), Clinton (65) and Carter (56), but more than for George H. W. Bush (42). The
per year number of confirmed circuit nominees for the current President Bush (8.3)
was slightly above the corresponding number for President Clinton (8.1) and less than
those for Presidents Carter (14), George H. W. Bush (10.5), and Reagan (10.4).
Over the course of four successive presidencies, Table 3 reveals, the Senate
confirmation percentage for a President’s circuit court nominees declined — from
91.8% for Jimmy Carter, 88.3% for Ronald Reagan, and 79.2% for George H. W.
Bush, to 71.4% for William J. Clinton. As of April 7, 2006, however, the presidency
of George W. Bush had reversed that downward confirmation trend somewhat, with
a 74.1% confirmation rate for the President’s circuit nominees.
District Court Nominees As of April 7, 2006, Table 3 shows, the total number
of President George W. Bush’s district court nominees (206) was second-lowest
among those for the five most recent Presidents: President Clinton had the most
district nominees (352), followed by Presidents Reagan (309), Carter (224), the
current President Bush (206), and George H. W. Bush (189).107 The per year number
of persons nominated by the current President Bush to be district judges (39.5) was
also second-lowest among the five Presidents, just above the corresponding number
for President Reagan (38.6), and below the numbers for Presidents Carter (56), George
H. W. Bush (47.3), and Clinton (44).
107 Presidents Carter, Reagan, George H. W. Bush, and Clinton were presented with
additional opportunities to make district court nominations, over and above those created
by vacancies of existing judgeships, when Congress passed legislation in 1978, 1984, and
1990 authorizing, respectively, 117, 63, and 86 new district judgeships. By contrast, during
George W. Bush’s presidency, as of April 7, 2006, relatively few new judgeships, 20, had
been authorized, in one piece of legislation enacted in 2002 (P.L. 107-273, 116 Stat. 1758).

---

CRS-29
Table 3. U.S. Circuit and District Court Nominees of Five Most
Recent Presidents (1977- April 7, 2006): Total and Per Year
Number of Nominees, Total and Per Year Number Confirmed,
and Percent of Total Confirmed
Circuit and
Circuit Court
District Court
District
President
Nominees
Nominees a
Combined
(Congresses, years)
Per
Per
Per
Total
Total
Total
year
year
year
Jimmy Carter
N
61
15.3
224 b
56
285
71.3
(95th to 96th,
1977-1980)
C
56
14
206
51.5
262
65.5
%
91.8%
—
92.0%
—
91.9%
Ronald Reagan
N
94
11.8
309
38.6
403
50.4
(97th to 100th,
1981-1988)
C
83
10.4
292
36.5
375
46.9
%
88.3%
—
94.5%
—
93.1%
George H. W.
N
53
13.3
189
47.3
242
60.5
Bush
(101st to 102nd,
C
42
10.5
150
37.5
192
48
1989-1992)
%
79.2%
—
79.4%
—
79.3%
—
William J.
N
91
11.4
352
44
443
55.4
Clinton
(103rd to 106th,
C
65
8.1
307
38.4
372
46.5
1993-2000)
%
71.4%
—
87.2%
84.0%
—
George W. Bush
N
58
11.1 c
206
39.5 c
264
50.7 c
(107th to 109th,
2001-Apr. 7, 2006)
C
43
8.3 c
189
36.3 c
232
44.5 c
%
74.1%
—
91.7%
—
87.9%
—
Note: The cells in this table account only for the number of individuals who were nominees to U.S.
circuit and district court judgeships during each of the five most recent presidential administrations.
The cells do not count “re-submitted” nominations made when individuals were renominated to the
same judgeship during a particular presidency.
Legend: N=number of persons nominated by the President; C=number confirmed; %=percent
confirmed.
a. Includes nominees to the territorial district courts in the U.S. Virgin Islands, Guam, and the Northern
Mariana Islands.
b. Includes one district court nominee whose nomination was submitted by President Carter on Jan. 8
1981, at the start of the 97th Congress, and withdrawn by President Reagan on Jan. 21, 1981.
c. The per year numbers for George W. Bush were calculated by dividing total numbers for his
presidency by 5.21 years. In the sixth year of his presidency, the interval between Jan. 20 and
Apr. 7, 2006 was 77 days, or 21% of a year (77 divided by 365), which was added to 5 years,
for a sum of 5.21 years.

---

CRS-30
The number of persons nominated by George W. Bush who were confirmed
(189) was less than the corresponding confirmation numbers for Presidents Clinton
(307), Reagan (292), and Carter (206), but more than for George H. W. Bush (150).
The per year number of confirmed district nominees for the current President Bush
(36.3) was lowest among those of the five Presidents, just below the corresponding
numbers for Presidents Reagan (36.5), George H. W. Bush (37.5), and Clinton (38.4),
with Jimmy Carter having the highest number (51.5).
Table 3, on the other hand, also shows that George W. Bush’s confirmation
percentage of 91.7% for district court nominees as of April 7, 2007, was the middle
percentage for the five Presidents. Ronald Reagan and Jimmy Carter had higher
confirmation percentages for their district court nominees (94.5% and 92.0%,
respectively), whereas William J. Clinton and George H. W. Bush had lower
confirmation percentages (87.2% and 79.4%, respectively).
Circuit Court Nominations: Average Number of Days from
Nomination to Confirmation. Figure 1, below, shows the average number of
days that elapsed for circuit court nominations, from nomination date to confirmation,
during each Congress from the 95th (starting in January 1977) to the 109th, as of April
7, 2006. These Congresses spanned the years of the administrations of the five most
recent Presidents, from Jimmy Carter to George W. Bush. Each bar in Figure 1
indicates the average number of elapsed days from nomination date to confirmation
for a specified Congress, and under each bar is the name of the President whose
presidency coincided in time with that Congress.
Note: The averages shown in Figure 1 are those only for circuit court
nominations which ultimately were confirmed in a particular Congress. Excluded
from the calculation of averages were the pendency times in a Congress for
nominations that ultimately were not confirmed, but were withdrawn by the President
or returned to the President at some point in the Congress (with most returns occurring
at a Congress’s final adjournment). Calculations of time averages for all nominations
in a Congress, from nomination date to final disposition (including not only
nominations confirmed, but also those withdrawn or returned) would, it is
acknowledged, produce higher average times, in cases where unconfirmed
nominations were pending for longer times than the average pendency times for
confirmed nominations.108
Figure 1 shows, for the circuit nominations of each of the first four Presidents
since January 1977 (Carter, Reagan, George H. W. Bush, and Clinton), a consistent
pattern — namely, that the lowest average number of days from nomination to
confirmation was recorded in the first Congress during the presidency, and the highest
corresponding average was recorded in the last Congress during the presidency.
108 See Table 8 in CRS Report RL31635, Judicial Nomination Statistics: U.S. District and
Circuit Courts, 1977-2003. This table presents, by Congress (from the 95th through the 1st
session of the 108th) the average number of days elapsing from nomination date to final
action for confirmed nominations, unconfirmed nominations, and confirmed and
unconfirmed nominations combined. The table shows that, from the 100th to the 108th
Congress, the average elapsed time from nomination to final action in a Congress, for circuit
as well as district nominations, was usually, but not always, higher for unconfirmed
nominations than it was for confirmed nominations.

---

CRS-31
Among the first four Presidents, the most dramatic proportional increase within this
pattern was the almost four-fold increase in average number of days from nomination
to confirmation during the Reagan presidency, with a 34-day average in the 97th
Congress (the first Congress during that presidency) to a 119-day average in the 100th
Congress (the last Congress during that presidency). During the years of the first four
presidencies, the highest average number of days from nomination to confirmation,
227 days, was recorded in the 106th Congress, the last Congress during the Clinton
presidency — an average more than twice as long as the 103-day average in the 103rd
Congress, the first Congress during that presidency.
Thus far, Figure 1 reveals, the presidency of the current White House occupant,
George W. Bush, has seen a reversal of the pattern just described. For President
Bush’s circuit court nominations, the lowest average number of days elapsing from
nomination to confirmation, 125 days, was recorded not in the first Congress during
his presidency (the 107th), but in the current 109th Congress, as of April 7, 2006 —
although that average is subject to change as further actions occur on circuit
nominations during the remainder of the 109th Congress. Thus far in the Bush
presidency, the highest average number of days elapsing from nomination to
confirmation, 210 days, was recorded in the first Congress during his presidency, the
107th Congress.
Figure 1. U.S. Circuit Court Nominations: Average Number of Days
from Nomination to Confirmation, 95th Congress to 109th Congress
(1977 - April 7, 2006)
250
200
150
100
50
0
95th 96th
97th 98th 99th100th
101st 102nd
103rd 104th 105th 106th
107th108th109th

Figure 1 also shows that during every Congress from the 102nd to the 109th, the
average nomination-to-confirmation time interval for circuit court nominations has
been more than 100 days. Well above this 100-plus average was the 210-day average
for George W. Bush’s circuit court nominations during the 107th Congress, the first
Congress during his presidency. This average, however, can be seen as roughly at the
same level as the corresponding time averages for William J. Clinton’s circuit court
nominations during the 105th and 106th Congresses (212 days and 227 days
respectively). The average elapsed time of 125 days between nomination and
confirmation for George W. Bush’s circuit nominations in the 109th Congress (as of

---

CRS-32
April 7, 2006) can be seen as roughly the same or slightly above the corresponding
averages for President Ronald Reagan’s circuit nominations in the 100th Congress
(119 days), George H. W. Bush’s circuit nominations in the 102nd Congress (108
days), and President Clinton’s circuit nominations in the 103rd and 104th Congresses
(103 and 124 days respectively).

District Court Nominations: Average Number of Days from
Nomination to Confirmation. Figure 2, below, like the preceding Figure 1 for
circuit nominations, shows the average number of days that elapsed for district court
nominations, from nomination date to confirmation, during each Congress from the
95th Congress to the 109th Congress, as of April 7, 2006. Each bar in Figure 2
indicates the average number of elapsed days from nomination date to confirmation
for a specified Congress, and under each bar is the name of the President whose
presidency coincided in time with that Congress.
Note: The averages shown in Figure 2 are those only for district court
nominations which ultimately were confirmed in a particular Congress. Excluded
from the calculation of averages were the pendency times in a Congress for
nominations that ultimately were not confirmed, but were withdrawn by the President
or returned to the President at some point in the Congress.
Figure 2 shows, among other things, that from the 95th Congress (during the first
two years of the Carter presidency) through the 105th Congress (during the fifth and
sixth years of the Clinton presidency), the average number of elapsed days from
nomination to confirmation for district court nominations per Congress increased
significantly — from a 40-day average in the 95th Congress, to a 165-day average in
the 105th. This overall pattern of increase, however, was marked by drops in the
nomination-to-confirmation time average during the first two years of a presidency
(i.e., with the average dropping from a significantly higher average recorded in the last
two years of the previous presidency), only to be followed by increases in the average
during the subsequent Congress or Congresses of the successor presidency.
The average nomination-to-confirmation time intervals for George W. Bush’s
district nominees, during the three Congresses coinciding with his presidency, have
all been below the peak average of 165 days, recorded for President Clinton’s district
nominees in the 105th Congress. Relatively close to that peak, however, was the 156-
day average interval recorded for President Bush’s confirmed district nominees in the
108th Congress. By contrast, in the 109th Congress, as of April 7, 2006, the average
number of days elapsed between nomination date and confirmation for President
Bush’s district nominees, 110 days, was significantly lower. It was also close to the
corresponding averages for George H. W. Bush’s district nominees in the 102nd
Congress (114 days) and President Clinton’s district nominations in the 104th
Congress (112 days).

---

CRS-33
Figure 2. U.S. District Court Nominations: Average Number of Days
from Nomination to Confirmation, 95th Congress to 109th Congress
(1977 - April 7, 2006)
165
156
133
127
122
114
112
110
79
77
76
40
42
33
31
95th 96th
97th 98th 99th 100th
101st 102nd
103rd 104th105th 106th
107th108th109th
Comparison of time averages in Figure 2 with those in Figure 1 also reveals that
in most, but not all, of the Congresses in the 1977-2006 time frame, the average time
intervals between nomination and confirmation were less for district than for circuit
court nominations. For instance, the nomination-to-confirmation average interval for
William J. Clinton’s district nominations in the106th Congress was133 days, compared
with 227 days for his circuit nominations in the same Congress; likewise, the average
interval for George W. Bush’s district nominations in the 107th Congress was 127
days, compared with 210 days for his circuit nominations in the same Congress. The
most recent departure from this pattern, however, is found in the 108th Congress,
where, as shown by Figures 1 and 2, the average elapsed time between nomination
and confirmation for George W. Bush’s district nominations (156 days) was higher
than for his circuit nominations (140 days).

---

CRS-34
Appendix 1. President George W. Bush’s Nominees to the U.S. Circuit Courts of Appeals,
January 20, 2001-April 7, 2006

Nomination dates
Disposition of last nomination
Days from 1st
nomination
No.
Name of nominee
Circuit
to disposition of
1st
2nd 3rd
4th
Confirmed
Other
Pending
last nomination
1
Barrington D. Parker Jr.
Second
05/09/01
09/04/01
10/11/01
155
2
Deborah L. Cook
Sixth
05/09/01
09/04/01
01/07/03
05/05/03
726
3
Dennis W. Shedd
Fourth
05/09/01
09/04/01
11/19/02
559
4
Edith Brown Clement
Fifth
05/09/01
09/04/01
11/13/01
188
5
Jeffrey S. Sutton
Sixth
05/09/01
09/04/01
01/07/03
04/29/03
720
6
John G. Roberts Jr.
DC
05/09/01
09/04/01
01/07/03
05/08/03
729
7
Michael W. McConnell
Tenth
05/09/01
09/04/01
11/15/02
555
8
Miguel A. Estrada
DC
05/09/01
09/04/01
01/07/03
Withdrawn
848
09/04/03
9
Priscilla Richman Owen
Fifth
05/09/01
09/04/01
01/07/03
02/14/05
05/25/05
1477
10
Roger L. Gregory
Fourth
05/09/01
07/20/01
72
11
Terrence W. Boyle
Fourth
05/09/01
09/04/01
01/07/03
02/14/05
X
1794
12
Sharon Prost
Federal
05/21/01
09/04/01
09/21/01
123
13
Lavenski R. Smith
Eighth
05/22/01
09/04/01
07/15/02
419
14
William J. Riley
Eighth
05/23/01
08/02/01
71
15
Charles W. Pickering Sr.
Fifth
05/25/01
09/04/01
01/07/03
02/06/04
Returned
1293
12/08/04

---

CRS-35
Nomination dates
Disposition of last nomination
Days from 1st
nomination
No.
Name of nominee
Circuit
to disposition of
1st
2nd 3rd
4th
Confirmed
Other
Pending
last nomination
16
Timothy M. Tymkovich
Tenth
05/25/01
09/04/01
01/07/03
04/01/03
676
17
Harris L. Hartz
Tenth
06/21/01
09/04/01
12/06/01
168
18
Carolyn B. Kuhl
Ninth
06/22/01
09/04/01
01/07/03
Returned
1265
12/08/04
19
Richard R. Clifton
Ninth
06/22/01
09/04/01
07/18/02
391
20
Michael J. Melloy
Eighth
07/10/01
09/04/01
02/11/02
216
21
Jeffrey R. Howard
First
08/02/01
09/04/01
04/23/02
264
22
Terrence L. O’Brien
Tenth
08/02/01
09/04/01
04/15/02
256
23
D. Brooks Smith
Third
09/10/01
07/31/02
324
24
Julia Smith Gibbons
Sixth
10/09/01
07/29/02
293
25
William H. Steele
Eleventh
10/09/01
Returned
407
11/20/02
26
David W. McKeague
Sixth
11/08/01
01/07/03
02/14/05
06/09/05
1309
27
Henry W. Saad
Sixth
11/08/01
01/07/03
02/14/05
Withdrawn
1600
03/27/06
28
Susan Bieke Neilson
Sixth
11/08/01
01/07/03
02/14/05
10/27/05
1449
29
John M. Rogers
Sixth
12/19/01
11/14/02
330
30
Reena Raggi
Second
05/01/02
09/20/02
142
31
Jay S. Bybee
Ninth
05/22/02
01/07/03
03/13/03
295

---

CRS-36
Nomination dates
Disposition of last nomination
Days from 1st
nomination
No.
Name of nominee
Circuit
to disposition of
1st
2nd 3rd
4th
Confirmed
Other
Pending
last nomination
32
Richard A. Griffin
Sixth
06/26/02
01/07/03
02/14/05
06/09/05
1079
33
Edward C. Prado
Fifth
02/06/03
05/01/03
84
34
Consuelo Maria Callahan
Ninth
02/12/03
05/22/03
99
35
Steven M. Colloton
Eighth
02/12/03
09/04/03
204
36
Michael Chertoff
Third
03/05/03
06/09/03
96
37
Richard C. Wesley
Second
03/05/03
06/11/03
98
38
William H. Pryor Jr.
Eleventh
04/09/03
03/12/04
02/14/05
06/09/05
792
39
Carlos T. Bea
Ninth
04/11/03
09/29/03
171
40
Allyson K. Duncan
Fourth
04/28/03
07/17/03
80
41
Claude A. Allen
Fourth
04/28/03
01/20/04
Returned
560
12/08/04
42
D. Michael Fisher
Third
05/01/03
12/09/03
222
43
William Gerry Myers III
Ninth
05/15/03
02/14/05
X
1058
44
Brett M. Kavanaugh
DC
07/25/03
02/14/05
01/25/06
X
987
45
Janice R. Brown
DC
07/25/03
02/14/05
06/08/05
684
46
Raymond W. Gruender
Eighth
09/29/03
05/20/04
234
47
William James Haynes II
Fourth
09/29/03
02/14/05
X
921
48
Diane S. Sykes
Seventh
11/14/03
06/24/04
223

---

CRS-37
Nomination dates
Disposition of last nomination
Days from 1st
nomination
No.
Name of nominee
Circuit
to disposition of
1st
2nd 3rd
4th
Confirmed
Other
Pending
last nomination
49
Franklin S. Van Antwerpen
Third
11/21/03
05/20/04
181
50
Peter W. Hall
Second
12/09/03
06/24/04
198
51
William Duane Benton
Eighth
02/12/04
06/24/04
133
52
Thomas B. Griffith
DC
05/10/04
02/14/05
06/14/05
400
53
James H. Payne
Tenth
09/29/05
Withdrawn
159
03/07/06
54
Norman R. Smith
Ninth
12/16/05
X
112
55
Michael A. Chagares
Third
01/25/06
04/04/06
69
56
Michael B. Wallace
Fifth
02/08/06
X
58
57
Sandra S. Ikuta
Ninth
02/08/06
X
58
58
Milan D. Smith Jr.
Ninth
02/14/06
X
52
Mean a
394.3
876.0
630.0
Number of days from date of first nomination to date of disposition of last nomination
Median b
234.0
848.0
516.5
a. The “Mean,” or average, is the sum of the number of elapsed days for all of the nominees in question divided by the number of those nominees.
b. In each “Median” cell, the number represents (1) the elapsed time for the nominee in the middle of the distribution of all the nominees in question, with an equal number of the
nominees having longer elapsed times than that nominee and an equal number of nominees having shorter elapsed times; or (2) the arithmetic mean of the elapsed times for the
two nominees in the middle of the distribution if there is no one middle nominee.

---

CRS-38
Appendix 2. President George W. Bush’s Nominations to the U.S. Circuit Courts of Appeals
During the 107th Congress, January 20, 2001-November 20, 2002
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Received
Committee
Committee
Hearing
Senate vote b
Hearing c
Senate vote
by Senate
action a
action
1
Barrington D. Parker Jr.
Second
05/09/01
—
—
Returned
—
—
—
of Connecticut d
08/03/01
2
Terrence W. Boyle
Fourth
05/09/01
—
—
Returned
—
—
—
of North Carolina d
08/03/01
3
Dennis W. Shedd
Fourth
05/09/01
—
—
Returned
—
—
—
of South Carolina d
08/03/01
4
Edith Brown Clement
Fifth
05/09/01
—
—
Returned
—
—
—
of Louisiana d
08/03/01
5
Priscilla Richman Owen
Fifth
05/09/01
—
—
Returned
—
—
—
of Texas d
08/03/01
6
Deborah L. Cook
Sixth
05/09/01
—
—
Returned
—
—
—
of Ohio d
08/03/01
7
Jeffrey S. Sutton
Sixth
05/09/01
—
—
Returned
—
—
—
of Ohio d
08/03/01
8
Michael W. McConnell
Tenth
05/09/01
—
—
Returned
—
—
—
of Utah d
08/03/01
9
Miguel A. Estrada
05/09/01
—
—
Returned
—
—
—
DC
of Virginia d
08/03/01
10
Roger L. Gregory
Fourth
05/09/01
07/11/01
07/19/01
07/20/01
63
71
72
of Virginia e
93-1 vote

---

CRS-39
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Received
Committee
Committee
Hearing
Senate vote b
Hearing c
Senate vote
by Senate
action a
action
11
John G. Roberts Jr.
05/09/01
—
—
Returned
—
—
—
DC
of Maryland d
08/03/01
12
Sharon Prost
05/21/01
—
—
Returned
—
—
—
Federal
of the District of
08/03/01
Columbia d
13
Lavenski R. Smith
Eighth
05/22/01
—
—
Returned
—
—
—
of Arkansas d
08/03/01
14
William J. Riley
Eighth
05/23/01
07/24/01
08/02/01
08/02/01
62
71
71
of Nebraska
97-0 vote
15
Charles W. Pickering Sr.
Fifth
05/25/01
—
—
Returned
—
—
—
of Mississippi d
08/03/01
16
Timothy M. Tymkovich
Tenth
05/25/01
—
—
Returned
—
—
—
of Colorado d
08/03/01
17
Harris L. Hartz
Tenth
06/21/01
—
—
Returned
—
—
—
of New Mexico d
08/03/01
18
Richard R. Clifton
Ninth
06/22/01
—
—
Returned
—
—
—
of Hawaii d
08/03/01
19
Carolyn B. Kuhl
Ninth
06/22/01
—
—
Returned
—
—
—
of California d
08/03/01
20
Michael J. Melloy
Eighth
07/10/01
—
—
Returned
—
—
—
of Iowa d
08/03/01
21
Terrence L. O’Brien
Tenth
08/02/01
—
—
Returned
—
—
—
of Wyoming d
08/03/01

---

CRS-40
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Received
Committee
Committee
Hearing
Senate vote b
Hearing c
Senate vote
by Senate
action a
action
22
Jeffrey R. Howard
First
08/02/01
—
—
Returned
—
—
—
of New Hampshire d
08/03/01
23
Michael W. McConnell
Tenth
09/04/01
09/18/02
11/14/02
11/15/02
379
436
437
of Utah e
24
Michael J. Melloy
Eighth
09/04/01
01/24/02
02/07/02
02/11/02
142
156
160
of Iowa e
91-0 vote
25
Terrence L. O’Brien
Tenth
09/04/01
03/19/02
04/11/02
04/15/02
196
219
223
of Wyoming e
98-0 vote
26
Fifth
09/04/01
07/23/02
Defeated
Returned
322
366
—
Priscilla Richman Owen
09/05/02 f
11/20/02
of Texas e
27
Barrington D. Parker
Second
09/04/01
09/13/01
10/04/01
10/11/01
9
30
37
of Connecticut e
100-0 vote
28
Charles W. Pickering Sr.
Fifth
09/04/01
10/18/01,
Defeated
Returned
44
191
—
of Mississippi e
02/07/02
03/14/02 g
11/20/02
29
Sharon Prost
Federal
09/04/01
08/27/01h
09/06/01
09/21/01
i
2
17
of the District of
97-0 vote
Columbia e
30
John G. Roberts Jr.
09/04/01
—
—
Returned
—
—
—
DC
of Maryland e
11/20/02
31
Dennis W. Shedd
Fourth
09/04/01
06/27/02
11/14/02
Cloture
296
436
—
of South Carolina e
vitiated
11/18/02
11/19/02
441
55-44 vote

---

CRS-41
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Received
Committee
Committee
Hearing
Senate vote b
Hearing c
Senate vote
by Senate
action a
action
32
Lavenski R. Smith
Eighth
09/04/01
05/24/02
06/27/02
Cloture
262
296
—
of Arkansas e
94-3 vote
07/15/02
07/15/02
314
33
Jeffrey S. Sutton
Sixth
09/04/01
—
—
Returned
—
—
—
of Ohio e
11/20/02
34
Timothy M. Tymkovich
Tenth
09/04/01
—
—
Returned
—
—
—
of Colorado e
11/20/02
35
Terrence W. Boyle
Fourth
09/04/01
—
—
Returned
—
—
—
of North Carolina e
11/20/02
36
Edith Brown Clement
Fifth
09/04/01
10/04/01
11/01/01
11/13/01
30
58
70
of Louisiana e
99-0 vote
37
Richard R. Clifton
Ninth
09/04/01
05/09/02
05/16/02
Cloture
247
254
—
of Hawaii e
97-1 vote
07/18/02
07/18/02
317
98-0 vote
38
Deborah L. Cook
Sixth
09/04/01
—
—
Returned
—
—
—
of Ohio e
11/20/02
39
Miguel A. Estrada
09/04/01
09/26/02
—
Returned
387
—
—
DC
of Virginia e
11/20/02
40
Harris L. Hartz
Tenth
09/04/01
10/25/01
11/29/01
12/06/01
51
86
93
of New Mexico e
99-0 vote

---

CRS-42
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Received
Committee
Committee
Hearing
Senate vote b
Hearing c
Senate vote
by Senate
action a
action
41
Jeffrey R. Howard
First
09/04/01
04/11/02
04/18/02
04/23/02
219
226
231
of New Hampshire e
99-0 vote
42
Carolyn B. Kuhl
Ninth
09/04/01
—
—
Returned
—
—
—
of California e
11/20/02
43
D. Brooks Smith
Third
09/10/01
02/26/02
04/23/02
07/31/02
169
225
324
of Pennsylvania
64-35 vote
44
Julia Smith Gibbons
Sixth
10/09/01
04/25/02
05/02/02
Cloture
198
205
—
of Tennessee
89-0 vote
07/26/02
07/29/02
293
95-0 vote
45
William H. Steele
Eleventh
10/09/01
—
—
Returned
—
—
—
of Alabama
11/20/02
46
David W. McKeague
Sixth
11/08/01
—
—
Returned
—
—
—
of Michigan
11/20/02
47
Susan Bieke Neilson
Sixth
11/08/01
—
—
Returned
—
—
—
of Michigan
11/20/02
48
Henry W. Saad
Sixth
11/08/01
—
—
Returned
—
—
—
of Michigan
11/20/02
49
John M. Rogers
Sixth
12/19/01
06/13/02
07/11/02
11/14/02
176
204
330
of Kentucky
50
Reena Raggi
Second
05/01/02
08/01/02
09/05/02
09/20/02
92
127
142
of New York
85-0 vote

---

CRS-43
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Received
Committee
Committee
Hearing
Senate vote b
Hearing c
Senate vote
by Senate
action a
action
51
Jay S. Bybee
Ninth
05/23/02
—
—
Returned
—
—
—
of Nevada
11/20/02
52
Richard A. Griffin
Sixth
06/26/02
—
—
Returned
—
—
—
of Michigan
11/20/02
Mean j
154
193
210
Number of days elapsed from date received in Senate
Median k
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 Mar. 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 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” is 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.

---

CRS-44
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-45
Appendix 3. President George W. Bush’s Nominations to the U.S. Circuit Courts of Appeals
During the 108th Congress, January 7, 2003-December 8, 2004
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Committee
Committee
Received
Hearing
Senate vote b
Hearing c
Senate vote
action a
action
1
Terrence W. Boyle
Fourth
01/07/03
—
—
Returned
—
—
—
of North Carolina d
12/08/04 e
2

Jay S. Bybee
Ninth
01/07/03
02/05/03
02/27/03
03/13/03
29
51
65
of Nevada d
74-19 vote
3
Deborah L. Cook
Sixth
01/07/03
01/29/03
02/27/03
05/05/03
22
51
118
of Ohio d
66-25 vote
4
Miguel A. Estrada
DC
01/07/03
—
01/30/03
Cloture
—
23
—
of Virginia d
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
Cloture
54-43 vote
05/08/03

---

CRS-46
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Committee
Committee
Received
Hearing
Senate vote b
Hearing c
Senate vote
action a
action
Cloture
55-43 vote
07/30/03
Withdrawn
09/04/03
5
Richard A. Griffin
Sixth
01/07/03
06/16/04
07/20/04
Cloture
526
560
—
of Michigan d
54-44 vote
07/22/04
Returned
12/08/04 e
6
Carolyn A. Kuhl
Ninth
01/07/03
04/01/03
05/08/03
Cloture
84
121
—
of California d
vitiated
07/31/03
Cloture
53-43 vote
11/14/03
Returned
12/08/04
7
David W. McKeague
Sixth
01/07/03
06/16/04
07/20/04 Cloture
526 560

—
of Michigan d
53-44 vote
07/22/04
Returned
12/08/04 e

---

CRS-47
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Committee
Committee
Received
Hearing
Senate vote b
Hearing c
Senate vote
action a
action
8
Susan Bieke Neilson
Sixth
01/07/03
09/08/04
10/04/04
Returned
610
636
—
of Michigan d
12/08/04 e
9
Priscilla Richman Owen
Fifth
01/07/03
03/13/03
03/27/03
Cloture
65
79
—
of Texas d
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
12/08/04 e
10
Charles W. Pickering Sr.
Fifth
01/07/03
—
10/02/03
Cloture
—
268
—
of Mississippi d
54-43 vote
10/30/03
Returned
12/08/04
11
John G. Roberts Jr.
DC
01/07/03
01/29/03
02/27/03
Recommit f
22
51
121
of Maryland d
04/30/03
04/30/03
05/08/03
05/08/03

---

CRS-48
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Committee
Committee
Received
Hearing
Senate vote b
Hearing c
Senate vote
action a
action
12
Henry W. Saad
Sixth
01/07/03
07/30/03
06/17/04
Cloture
204
527
—
of Michigan d
52-46 vote
07/22/04
Returned
12/08/04 e
13
Jeffrey S. Sutton
Sixth
01/07/03
01/29/03
02/13/03
04/29/03
22
37
112
of Ohio d
52-41 vote
14
Timothy M. Tymkovich
Tenth
01/07/03
02/12/03
03/06/03
04/01/03
36
58
84
of Colorado d
58-41 vote
15
Edward C. Prado
Fifth
02/06/03
03/27/03
04/02/03
05/01/03
49
55
84
of Texas
97-0 vote
16
Consuelo Maria Callahan
Ninth
02/12/03
05/07/03
05/08/03
05/22/03
84
85
99
of California
99-0 vote
17
Steven M. Colloton
Eighth
02/12/03
07/22/03
07/31/03
09/04/03
160
169
204
of Iowa
94-1 vote
18
Michael Chertoff
Third
03/05/03
05/07/03
05/22/03
06/09/03
63
78
96
of New Jersey
88-1 vote
19
Richard C. Wesley
Second
03/05/03
05/22/03
06/05/03
06/11/03
78
92
98
of New York
96-0 vote

---

CRS-49
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Committee
Committee
Received
Hearing
Senate vote b
Hearing c
Senate vote
action a
action
20
William H. Pryor Jr.
Eleventh
04/09/03
06/11/03
07/23/03
Cloture
63
105
—
of Alabama
53-44 vote
07/31/03
Cloture
51-43 vote
11/06/03
Returned
12/08/04
21
Carlos T. Bea
Ninth
04/11/03
09/03/03
09/25/03
09/29/03
145
167
171
of California
86-0 vote
22
Allyson K. Duncan
Fourth
04/28/03
06/25/03
07/10/03
07/17/03
58
73
80
of North Carolina
93-0 vote
23
Claude A. Allen
Fourth
04/28/03
10/28/03
—
Returned
183
—
—
of Virginia
12/09/03
24
D. Michael Fisher
Third
05/01/03
10/15/03
11/06/03
12/09/03
167
189
222
of Pennsylvania
25
William Gerry Myers III
Ninth
05/15/03
02/05/04
04/01/04
Cloture
266
322
—
of Idaho
53-44 vote
07/20/04
Returned
12/08/04 e
26
Janice R. Brown
DC
07/25/03
10/22/03
11/06/03
Cloture
89
104
—
of California
53-43 vote
11/14/03
Returned
12/08/04 e

---

CRS-50
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Committee
Committee
Received
Hearing
Senate vote b
Hearing c
Senate vote
action a
action
27
Brett M. Kavanaugh
DC
07/25/03
04/27/04
—
Returned
277
—
—
of Maryland
12/08/04 e
28
Raymond W. Gruender
Eighth
09/29/03
01/22/04
03/04/04
05/20/04
115
157
234
of Missouri
97-1 vote
29
William James Haynes II
Fourth
09/29/03
11/19/03
03/11/04
Returned
51
164
—
of Virginia
12/08/04 e
30
Diane S. Sykes
Seventh
11/14/03
02/11/04
03/11/04
06/24/04
89
118
223
of 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
Second
12/09/03
03/10/04
04/01/04
06/24/04
92
114
198
of Vermont
33
Claude A. Allen
Fourth
01/20/04
—
—
Returned
—
—
—
of Virginia g
12/08/04
34
Charles W. Pickering Sr.
Fifth
02/06/04
—
—
Returned
—
—
—
of Mississippi h, i
12/08/04
35
William Duane Benton
Eighth
02/12/04
04/08/04
04/29/04
06/24/04
56
77
133
of Mississippi
36
William H. Pryor Jr.
Eleventh
03/12/04
—
—
Returned
—
—
—
of Alabama g ,j
12/08/04 e
37
Thomas B. Griffith
DC
05/10/04
11/16/04
—
Returned
190
—
—
of Utah
12/08/04 e
Mean k
145
173
140
Number of days elapsed from date received in Senate
Median l
84
105
120

---

CRS-51
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” is 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.
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 was to expire at the end of the first session of the 109th Congress. However, early in the 109th Congress, on 02/14/2005, he was renominated and then, on 06/09/05,
confirmed, more than six months before his recess appointment would have expired.
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-52
Appendix 4. President George W. Bush’s Nominations to the U.S. Circuit Courts of Appeals
During the 109th Congress, January 4, 2005 - April 7, 2006
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Committee
Committee
Senate
Received
Hearing
Senate vote b
Hearing c
action a
action
vote
1
Terrence W. Boyle
Fourth
02/14/05
03/03/05
06/16/05
—
17
122
—
of North Carolina d
e
2
William James Haynes II
Fourth
02/14/05
—
—
—
—
—
of Virginia d
e
3
Priscilla Richman Owen
Fifth
02/14/05
04/21/05
Cloture
—
66
100
of Texas d
81-18 vote
05/24/05
05/25/05
55-43
e
4
Richard A. Griffin
Sixth
02/14/05
05/26/05
06/09/05
—
101
115
of Michigan d
95-0
e
5
David W. McKeague
Sixth
02/14/05
05/26/05
06/09/05
—
101
115
of Michigan d
96-0
e
6
Susan Bieke Neilson
Sixth
02/14/05
10/20/05
10/27/05
—
248
255
of Michigan d
97-0
e
7
Henry W. Saad
Sixth
02/14/05
—
Withdrawn
—
—
—
of Michigan d
03/27/06
8
William Gerry Myers III
Ninth
02/14/05
03/01/05
03/17/05
—
15
31
—
of Idaho d

---

CRS-53
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Committee
Committee
Senate
Received
Hearing
Senate vote b
Hearing c
action a
action
vote
e
9
William H. Pryor Jr.
Eleventh
02/14/05
05/12/05
Cloture
—
87
115
of Alabama d
67-32
06/08/05
06/09/05
53-45
e
10
Janice R. Brown
DC
02/14/05
04/21/05
Cloture
—
66
114
of California d
56-43 vote
06/07/05
06/08/05 56-
43
11
Thomas B. Griffith
DC
02/14/05
03/08/05
04/14/05
06/14/05
22
59
120
of Utah d
73-24
e
12
Brett M. Kavanaugh
DC
02/14/05
—
Returned
—
—
—
of Maryland d
12/22/05
13
James H. Payne
Tenth
09/29/05
—
—
Withdrawn
—
—
—
of Oklahoma
03/07/06
14
Norman R. Smith
Ninth
12/16/05
03/01/06
—
—
75
—
—
of Idaho
e
15
Brett M. Kavanaugh
DC
01/25/06
—
—
—
—
—
of Maryland f
16
Michael A. Chagares
Third
01/25/06
03/14/06
03/30/06
04/04/06
48
64
69
of New Jersey
98-0
17
Sandra S. Ikuta
Ninth
02/08/06
—
—
—
—
—
—
of California

---

CRS-54
Date
Days from nomination date to:
No.
Name of nominee
Circuit
Committee
Committee
Senate
Received
Hearing
Senate vote b
Hearing c
action a
action
vote
18
Michael B. Wallace
Fifth
02/08/06
—
—
—
—
—
—
of Mississippi
19
Milan D. Smith Jr.
Ninth
02/14/06
—
—
—
—
—
—
of California
Mean g
35
95
125
Number of days elapsed from date received in Senate
Median h
22
77
115
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” is the number of days from the nomination date to the
first hearing date.
d. Resubmission; see earlier nomination(s) in 108th Congress.
e. Hearing held on earlier nomination in 108th Congress.
f. Resubmission; see earlier nominatin in 109th Congress.
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.

---

CRS-55
Appendix 5. President George W. Bush’s Nominees to U.S. District Courts,
January 20, 2001-April 7, 2006
Nomination dates
Outcome of last nomination
Days from 1st
nomination to
No.
Name of nominee
District a
disposition of
First
Second
Third
Confirmed
Other
Pending
last nomination
1
Sam E. Haddon
MT
05/17/01
07/20/01
64
2
Richard F. Cebull
MT
05/17/01
07/20/01
64
3
Terry L. Wooten
SC
06/18/01
09/04/01
11/08/01
143
4
Laurie Smith Camp
NE
06/19/01
09/04/01
10/23/01
126
5
Paul G. Cassell
UT
06/19/01
09/04/01
05/13/02
328
6
John D. Bates
DC
06/20/01
09/04/01
12/11/01
174
7
Reggie B. Walton
DC
06/20/01
09/04/01
09/21/01
93
8
James E. Gritzner
South. IA
07/10/01
09/04/01
02/14/02
219
9
Michael P. Mills
North. MS
07/10/01
09/04/01
10/11/01
93
10
Callie V. Granade
South. AL
08/02/01
09/04/01
02/04/02
186
11
Clair V. Eagan
North. OK
08/02/01
09/04/01
10/23/01
82
12
Danny C. Reeves
East. KY
08/02/01
09/04/01
12/06/01
126
13
David L. Bunning
East. KY
08/02/01
09/04/01
02/14/02
196
14
James H. Payne
North., East.
08/02/01
09/04/01
10/23/01
82
& West. OK
15
Joe L. Heaton
West. OK
08/02/01
09/04/01
12/06/01
126
16
Karen K. Caldwell
East. KY
08/02/01
09/04/01
10/23/01
82

---

CRS-56
Nomination dates
Outcome of last nomination
Days from 1st
nomination to
No.
Name of nominee
District a
disposition of
First
Second
Third
Confirmed
Other
Pending
last nomination
17
Karon O. Bowdre
North. AL
08/02/01
09/04/01
11/06/01
96
18
Kurt D. Engelhardt
East. LA
08/02/01
09/04/01
12/11/01
131
19
Larry R. Hicks
NV
08/02/01
09/04/01
11/05/01
95
20
M. Christina Armijo
NM
08/02/01
09/04/01
11/06/01
96
21
Stephen P. Friot
West. OK
08/02/01
09/04/01
11/06/01
96
22
William P. Johnson
NM
08/02/01
09/04/01
12/13/01
133
23
Cindy K. Jorgenson
AZ
09/10/01
02/26/02
169
24
David C. Bury
AZ
09/10/01
03/15/02
186
25
Frederick J. Martone
AZ
09/10/01
12/13/01
94
26
James C. Mahan
NV
09/10/01
01/25/02
137
27
Julie A. Robinson
KS
09/10/01
12/11/01
92
28
Marcia S. Krieger
DC
09/10/01
01/25/02
137
29
Richard J. Leon
DC
09/10/01
02/14/02
157
30
Robert E. Blackburn
DC
09/10/01
02/26/02
169
31
Clay D. Land
Mid. GA
09/21/01
12/13/01
83
32
Randy Crane
South. TX
09/21/01
03/18/02
178
33
C. Ashley Royal
Mid. GA
10/09/01
12/20/01
72
34
Philip R. Martinez
West. TX
10/09/01
02/05/02
119
35
Jay C. Zainey
East. LA
10/10/01
02/11/02
124

---

CRS-57
Nomination dates
Outcome of last nomination
Days from 1st
nomination to
No.
Name of nominee
District a
disposition of
First
Second
Third
Confirmed
Other
Pending
last nomination
36
Ralph R. Beistline
AK
11/08/01
03/12/02
124
37
Andrew S. Hanen
South. TX
01/23/02
05/09/02
106
38
Arthur J. Schwab
West. PA
01/23/02
09/13/02
233
39
Cynthia M. Rufe
East. PA
01/23/02
04/30/02
97
40
David C. Godbey
North. TX
01/23/02
08/01/02
190
41
Frederick W. Rohlfing III
HI
01/23/02
01/07/03
Withdrawn
834
05/06/04
42
Henry E. Hudson
East. VA
01/23/02
08/01/02
190
43
Joan E. Lancaster
MN
01/23/02
04/25/02
92
44
John F. Walter
Cent. CA
01/23/02
04/25/02
92
45
Jose E. Martinez
South. FL
01/23/02
09/13/02
233
46
Joy Flowers Conti
West. PA
01/23/02
07/29/02
187
47
Kenneth A. Marra
South. FL
01/23/02
09/09/02
229
48
Lance M. Africk
East. LA
01/23/02
04/17/02
84
49
Legrome D. Davis
East. PA
01/23/02
04/18/02
85
50
Leonard E. Davis
East. TX
01/23/02
05/09/02
106
51
Michael M. Baylson
East. PA
01/23/02
04/30/02
97
52
Percy Anderson
Cent. CA
01/23/02
04/25/02
92
53
Ronald B. Leighton
West. WA
01/23/02
11/14/02
295
54
Ronald H. Clark
East. TX
01/23/02
10/02/02
252

---

CRS-58
Nomination dates
Outcome of last nomination
Days from 1st
nomination to
No.
Name of nominee
District a
disposition of
First
Second
Third
Confirmed
Other
Pending
last nomination
55
Samuel H. Mays Jr.
West. TN
01/23/02
05/09/02
106
56
Stanley R. Chesler
NJ
01/23/02
11/14/02
295
57
Terrence F. McVerry
West. PA
01/23/02
09/03/02
223
58
Thomas M. Rose
South. OH
01/23/02
05/09/02
106
59
William C. Griesbach
East. WI
01/23/02
04/25/02
92
60
William J. Martini
NJ
01/23/02
11/14/02
295
61
Christopher C. Conner
Mid. PA
02/28/02
07/26/02
148
62
John E. Jones III
Mid. PA
02/28/02
07/29/02
151
63
Amy J. St. Eve
North. IL
03/21/02
08/01/02
133
64
David S. Cercone
West. PA
03/21/02
08/01/02
133
65
Henry E. Autrey
East. MO
03/21/02
08/01/02
133
66
Morrison C. England Jr.
East. CA
03/21/02
08/01/02
133
67
Richard E. Dorr
West. MO
03/21/02
08/01/02
133
68
Timothy J. Savage
East. PA
03/21/02
08/01/02
133
69
James Knoll Gardner
East. PA
04/22/02
10/02/02
163
70
James C. Dever III
East. NC
05/22/02
01/07/03
02/14/05
04/28/05
1072
71
Timothy J. Corrigan
Mid. FL
05/22/02
09/12/02
113
72
Daniel L. Hovland
ND
06/26/02
11/14/02
141
73
Linda R. Reade
North. IA
06/26/02
11/14/02
141

---

CRS-59
Nomination dates
Outcome of last nomination
Days from 1st
nomination to
No.
Name of nominee
District a
disposition of
First
Second
Third
Confirmed
Other
Pending
last nomination
74
Thomas W. Phillips
East. TN
06/26/02
11/14/02
141
75
Alia M. Ludlum
West. TX
07/11/02
11/14/02
126
76
James E. Kinkeade
North. TX
07/18/02
11/14/02
119
77
Robert A. Junell
West. TX
07/18/02
01/07/03
02/10/03
207
78
Robert G. Klausner
Cent. CA
07/18/02
11/14/02
119
79
S. James Otero
Cent. CA
07/18/02
01/07/03
02/10/03
207
80
William E. Smith
RI
07/18/02
11/14/02
119
81
Jeffrey S. White
North. CA
07/25/02
11/14/02
112
82
Kent A. Jordan
DE
07/25/02
11/14/02
112
83
Sandra J. Feuerstein
East. NY
07/25/02
01/07/03
09/17/03
419
84
Freda L. Wolfson
NJ
08/01/02
11/14/02
105
85
Gregory L. Frost
South. OH
08/01/02
01/07/03
03/10/03
221
86
Jose L. Linares
NJ
08/01/02
11/14/02
105
87
Mark E. Fuller
Mid. AL
08/01/02
11/14/02
105
88
Richard J. Holwell
South. NY
08/01/02
01/07/03
09/17/03
412
89
Robert B. Kugler
NJ
08/01/02
11/14/02
105
90
Rosemary M. Collyer
DC
08/01/02
11/14/02
105
91
Ralph R. Erickson
ND
09/12/02
01/07/03
03/12/03
181
92
S. Maurice Hicks Jr.
West. LA
09/12/02
01/07/03
05/19/03
249

---

CRS-60
Nomination dates
Outcome of last nomination
Days from 1st
nomination to
No.
Name of nominee
District a
disposition of
First
Second
Third
Confirmed
Other
Pending
last nomination
93
Thomas L. Ludington
East. MI
09/12/02
01/07/03
02/14/05
X
1303
94
William D. Quarles Jr.
MD
09/12/02
01/07/03
03/12/03
181
95
Cormac J. Carney
Cent. CA
10/10/02
01/07/03
04/07/03
179
96
J. Daniel Breen
West. TN
10/10/02
01/07/03
03/13/03
154
97
John R. Adams
North. OH
10/10/02
01/07/03
02/10/03
123
98
Thomas A. Varlan
East. TN
10/10/02
01/07/03
03/13/03
154
99
William H. Steele
South. AL
01/07/03
03/13/03
65
100
Cecilia M. Altonaga
South. FL
01/15/03
05/06/03
111
101
Dee D. Drell
West. LA
01/15/03
04/09/03
84
102
Patricia Head Minaldi
West. LA
01/15/03
05/06/03
111
103
J. Leon Holmes
East. AR
01/29/03
07/06/04
524
104
James V. Selna
Cent. CA
01/29/03
03/27/03
57
105
Louise W. Flanagan
East. NC
01/29/03
07/17/03
169
106
Philip P. Simon
North. IN
01/29/03
03/27/03
57
107
Richard D. Bennett
MD
01/29/03
04/09/03
70
108
Theresa Lazar Springmann
North. IN
01/29/03
03/31/03
61
109
P. Kevin Castel
South. NY
03/05/03
09/17/03
196
110
Samuel Der-Yeghiayan
North. IL
03/05/03
07/14/03
131
111
Stephen C. Robinson
South. NY
03/05/03
09/17/03
196

---

CRS-61
Nomination dates
Outcome of last nomination
Days from 1st
nomination to
No.
Name of nominee
District a
disposition of
First
Second
Third
Confirmed
Other
Pending
last nomination
112
David G. Campbell
AZ
03/13/03
07/08/03
117
113
John A. Woodcock Jr.
ME
03/27/03
06/12/03
77
114
L. Scott Coogler
North. AL
03/27/03
05/22/03
56
115
Mark R. Kravitz
CT
03/27/03
06/11/03
76
116
J. Ronnie Greer
East. TN
04/09/03
06/11/03
63
117
Thomas M. Hardiman
West. PA
04/09/03
10/22/03
196
118
Daniel P. Ryan
East. MI
04/28/03
02/14/05
Withdrawn
1067
03/30/06
119
Dora L. Irizarry
East. NY
04/28/03
06/24/04
423
120
Gary L. Sharpe
North. NY
04/28/03
01/28/04
275
121
Glen E. Conrad
West. VA
04/28/03
09/22/03
147
122
H. Brent McKnight
West. NC
04/28/03
07/31/03
94
123
James O. Browning
NM
04/28/03
07/31/03
94
124
Kim R. Gibson
West. PA
04/28/03
09/23/03
148
125
Lonny R. Suko
East. WA
04/28/03
07/15/03
78
126
Mark R. Filip
North. IL
04/28/03
02/04/04
282
127
Robert C. Brack
NM
04/28/03
07/14/03
77
128
Robert J. Conrad Jr.
West. NC
04/28/03
02/14/05
04/28/05
731
129
Dale S. Fischer
Cent. CA
05/01/03
10/27/03
179
130
Dana Makoto Sabraw
South. CA
05/01/03
09/25/03
147

---

CRS-62
Nomination dates
Outcome of last nomination
Days from 1st
nomination to
No.
Name of nominee
District a
disposition of
First
Second
Third
Confirmed
Other
Pending
last nomination
131
Earl Leroy Yeakel III
West. TX
05/01/03
07/28/03
88
132
Frank Montalvo
West. TX
05/01/03
07/31/03
91
133
James I. Cohn
South. FL
05/01/03
07/31/03
91
134
John A. Houston
South. CA
05/01/03
10/02/03
154
135
Kathleen Cardone
West. TX
05/01/03
07/28/03
88
136
Larry Alan Burns
South. CA
05/01/03
09/24/03
146
137
Marcia A. Crone
East. TX
05/01/03
09/30/03
152
138
R. David Proctor
North. AL
05/01/03
09/17/03
139
139
Roger T. Benitez
South. CA
05/01/03
06/17/04
413
140
William Q. Hayes
South. CA
05/01/03
10/02/03
154
141
Xavier Rodriguez
West. TX
05/01/03
07/31/03
91
142
Michael W. Mosman
OR
05/08/03
09/25/03
140
143
Henry F. Floyd
SC
05/15/03
09/22/03
130
144
Ronald A. White
East. OK
05/15/03
09/30/03
138
145
Phillip S. Figa
CO
06/09/03
10/02/03
115
146
Robert Clive Jones
NV
06/09/03
10/02/03
115
147
Roger W. Titus
MD
06/18/03
11/05/03
140
148
Margaret Catharine Rodgers
North. FL
07/14/03
10/20/03
98
149
F. Dennis Saylor IV
MA
07/30/03
06/01/04
307

---

CRS-63
Nomination dates
Outcome of last nomination
Days from 1st
nomination to
No.
Name of nominee
District a
disposition of
First
Second
Third
Confirmed
Other
Pending
last nomination
150
Sandra L. Townes
East. NY
08/01/03
06/03/04
307
151
Kenneth M. Karas
South. NY
09/18/03
06/03/04
259
152
Judith C. Herrera
NM
09/23/03
06/03/04
254
153
Louis Guirola Jr.
South. MS
09/23/03
03/12/04
171
154
Ricardo S. Martinez
West. WA
10/14/03
06/15/04
245
155
Virginia E. Hopkins
North. AL
10/14/03
06/15/04
245
156
Neil Vincent Wake
AZ
10/22/03
03/12/04
142
157
Walter D. Kelly Jr.
East. VA
10/31/03
06/23/04
236
158
Gene E.K. Pratter
East. PA
11/03/03
06/15/04
225
159
Peter G. Sheridan
NJ
11/05/03
02/14/05
X
884
160
William S. Duffey Jr.
North. GA
11/05/03
06/16/04
224
161
Lawrence F. Stengel
East. PA
11/06/03
06/16/04
223
162
Jane J. Boyle
North. TX
11/24/03
06/17/04
206
163
Curtis V. Gomez
VI
11/25/03
11/20/04
361
164
Juan R. Sanchez
East. PA
11/25/03
06/23/04
211
165
Marcia G. Cooke
South. FL
11/25/03
05/18/04
175
166
James L. Robart
West. WA
12/09/03
06/17/04
191
167
George P. Schiavelli
Cent. CA
01/20/04
06/24/04
156
168
Paul S. Diamond
East. PA
01/20/04
06/16/04
148

---

CRS-64
Nomination dates
Outcome of last nomination
Days from 1st
nomination to
No.
Name of nominee
District a
disposition of
First
Second
Third
Confirmed
Other
Pending
last nomination
169
Robert Bryan Harwell
SC
01/20/04
06/24/04
156
170
Raymond L. Finch
VI
02/20/04
11/21/04
275
171
Michael H. Watson
South. OH
04/06/04
09/07/04
154
172
Virginia Maria H. Covington
Mid. FL
04/20/04
09/07/04
140
173
Michael H. Schneider Sr.
East. TX
05/17/04
09/07/04
113
174
Micaela Alvarez
South. TX
06/16/04
11/21/04
158
175
Keith Starrett
South. MS
07/06/04
11/21/04
138
176
Christopher A. Boyko
North. OH
07/22/04
11/21/04
122
177
Paul A. Crotty
South. NY
09/07/04
02/14/05
04/11/05
216
178
Sean F. Cox
East. MI
09/10/04
02/14/05
X
574
179
J. Michael Seabright
HI
09/15/04
02/14/05
04/27/05
224
180
Brian Edward Sandoval
NV
03/01/05
10/24/05
237
181
John R. Smoak
North. FL
06/08/05
10/27/05
141
182
Harry Sandlin Mattice Jr.
East. TN
07/28/05
10/24/05
88
183
Joseph Frank Bianco
East. NY
07/28/05
12/21/05
146
184
Timothy Mark Burgess
AK
07/28/05
12/21/05
146
185
Gregory F. Van Tatenhove
East. KY
09/13/05
12/21/05
99
186
Kristi K. DuBose
South. AL
09/28/05
12/21/05
84
187
Thomas E. Johnston
South. WV
09/28/05
03/06/06
159

---

CRS-65
Nomination dates
Outcome of last nomination
Days from 1st
nomination to
No.
Name of nominee
District a
disposition of
First
Second
Third
Confirmed
Other
Pending
last nomination
188
Timothy C. Batten Sr.
North. GA
09/28/05
03/06/06
159
189
Virginia Mary Kendall
North. IL
09/28/05
12/21/05
84
190
W. Keith Watkins
Mid. AL
09/28/05
12/21/05
84
191
Eric N. Vitaliano
East. NY
10/06/05
12/21/05
76
192
Aida M. Delgado-Colon
PR
10/25/05
03/06/06
132
193
Jack Zouhary
North. OH
12/14/05
03/16/06
92
194
Patrick J. Schiltz
MN
12/14/05
X
114
195
Stephen G. Larson
Cent. CA
12/15/05
03/16/06
91
196
Michael R. Barrett
South. OH
12/16/05
X
112
197
Andrew J. Guilford
Cent. CA
01/25/06
X
72
198
Brian M. Cogan
East. NY
01/25/06
X
72
199
Gray H. Miller
South. TX
01/25/06
X
72
200
Noel L. Hillman
NJ
01/25/06
X
72
201
Renee M. Bumb
NJ
01/25/06
X
72
202
Susan D. Wigenton
NJ
01/25/06
X
72
203
Thomas M. Golden
East. PA
01/25/06
X
72
204
Vanessa L. Bryant
CT
01/25/06
X
72
205
Frank D. Whitney
West. NC
02/14/06
X
52
206
Jerome A. Holmes
North. OK
02/14/06
X
52

---

CRS-66
Nomination dates
Outcome of last nomination
Days from 1st
nomination to
No.
Name of nominee
District a
disposition of
First
Second
Third
Confirmed
Other
Pending
last nomination
Mean b
162
951
245
Number of days from date of first nomination to date of disposition of last nomination
Median c
137
951
72
a. District court nominees in this table include nominees to the territorial district courts in the U.S. Virgin Islands, Guam, and the Northern Mariana Islands.
b. The “Mean,” or average, is the sum of the number of elapsed days for all of the nominees in question divided by the number of those nominees.
c. In each “Median” cell, the number represents (1) the elapsed time for the nominee the middle of the distribution of all the nominees in question, with an equal number of the
nominees having longer elapsed times than that nominee and an equal number of nominees having shorter elapsed times; or (2) the arithmetic mean of the elapsed times
for the two nominees in the middle of the distribution if there is no one middle nominee.

---

CRS-67
Appendix 6. President George W. Bush’s Nominations to the U.S. District Courts
During the 107th Congress, January 20, 2001-November 20, 2002
Date
Days from nomination date to:
No.
Name of nominee
District
Received by
Committee
Committee
Senate
Hearing
Senate vote b
Hearing
Senate
action a
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. Wooten c
SC
06/18/01
—
—
Returned 08/03/01
—
—
—
4
Laurie Smith Camp c
NE
06/19/01
—
—
Returned 08/03/01
—
—
—
5
Paul G. Cassell c
UT
06/19/01
—
—
Returned 08/03/01
—
—
—
6
John D. Bates c
DC
06/20/01
—
—
Returned 08/03/01
—
—
—
7
Reggie B. Walton c
DC
06/20/01
—
—
Returned 08/03/01
—
—
—
8
James E. Gritzner c
South. IA
07/10/01
—
—
Returned 08/03/01
—
—
—
9
Michael P. Mills c
North. MS
07/10/01
—
—
Returned 08/03/01
—
—
—
10
M. Christina Armijo c
NM
08/02/01
—
—
Returned 08/03/01
—
—
—
11
Karon O. Bowdre c
North. AL
08/02/01
—
—
Returned 08/03/01
—
—
—
12
David L. Bunning c
East. KY
08/02/01
—
—
Returned 08/03/01
—
—
—
13
Karen K. Caldwell c
East. KY
08/02/01
—
—
Returned 08/03/01
—
—
—
14
Clair V. Eagan c
North. OK
08/02/01
—
—
Returned 08/03/01
—
—
—
15
Kurt D. Engelhardt c
East. LA
08/02/01
—
—
Returned 08/03/01
—
—
—
16
Stephen P. Friot c
West. OK
08/02/01
—
—
Returned 08/03/01
—
—
—

---

CRS-68
Date
Days from nomination date to:
No.
Name of nominee
District
Received by
Committee
Committee
Senate
Hearing
Senate vote b
Hearing
Senate
action a
action
vote
17
Callie V. Granade c
South. AL
08/02/01
—
—
Returned 08/03/01
—
—
—
18
Joe L. Heaton c
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. Johnson c
NM
08/02/01
—
—
Returned 08/03/01
—
—
—
21
James H. Payne c
North., East. &
08/02/01
—
—
Returned 08/03/01
—
—
—
West. OK
22
Danny C. Reeves c
East. KY
08/02/01
—
—
Returned 08/03/01
—
—
—
23
Michael P. Mills d
North. MS
09/04/01
09/13/01
10/04/01
10/11/01
9
30
37
98-0 vote
24
James H. Payne d
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. Reeves d
East. KY
09/04/01
11/07/01
11/29/01
12/06/01
64
86
93
26
Reggie B. Walton d
DC
09/04/01
08/22/01e
09/06/01
09/21/01
f
2
17
97-0 vote
27
Terry L. Wooten d
SC
09/04/01
08/27/01g
11/08/01
11/08/01
h
65
65
98-0 vote
28
M. Christina Armijo d
NM
09/04/01
10/18/01
11/01/01
11/06/01
44
58
63
100-0 vote
29
John D. Bates d
DC
09/04/01
10/25/01
11/29/01
12/11/01
51
86
98
97-0 vote
30
Karon O. Bowdre d
North. AL
09/04/01
10/18/01
11/01/01
11/06/01
44
58
63
98-0 vote
31
David L. Bunning d
East. KY
09/04/01
12/10/01
02/07/02
02/14/02
97
156
163

---

CRS-69
Date
Days from nomination date to:
No.
Name of nominee
District
Received by
Committee
Committee
Senate
Hearing
Senate vote b
Hearing
Senate
action a
action
vote
32
Karen K. Caldwell d
East. KY
09/04/01
10/04/01
10/18/01
10/23/01
30
44
49
100-0 vote
33
Laurie Smith Camp d
NE
09/04/01
10/04/01
10/18/01
10/23/01
30
44
49
100-0 vote
34
Paul G. Cassell d
UT
09/04/01
03/19/02
05/02/02
05/13/02
196
240
251
67-20 vote
35
Clair V. Eagan d
North. OK
09/04/01
10/04/01
10/18/01
10/23/01
30
44
49
99-0 vote
36
Kurt. D. Engelhardt d
East. LA
09/04/01
10/25/01
11/29/01
12/11/01
51
86
98
37
Stephen P. Friot d
West. OK
09/04/01
10/18/01
11/01/01
11/06/01
44
58
63
98-0 vote
38
Callie V. Granade d
South. AL
09/04/01
12/05/01
12/13/01
02/04/02
92
100
153
75-0 vote
39
James E. Gritzner d
South. IA
09/04/01
01/24/02
02/07/02
02/14/02
142
156
163
40
Joe L. Heaton d
West. OK
09/04/01
11/07/01
11/29/01
12/06/01
64
86
93
41
Larry R. Hicks d
NV
09/04/01
10/18/01
11/01/01
11/05/01
44
58
62
83-0 vote
42
William P. Johnson d
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

---

CRS-70
Date
Days from nomination date to:
No.
Name of nominee
District
Received by
Committee
Committee
Senate
Hearing
Senate vote b
Hearing
Senate
action a
action
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
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
09/13/02
181
189
233

---

CRS-71
Date
Days from nomination date to:
No.
Name of nominee
District
Received by
Committee
Committee
Senate
Hearing
Senate vote b
Hearing
Senate
action a
action
vote
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
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
09/13/02
155
189
233
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

---

CRS-72
Date
Days from nomination date to:
No.
Name of nominee
District
Received by
Committee
Committee
Senate
Hearing
Senate vote b
Hearing
Senate
action a
action
vote
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
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-73
Date
Days from nomination date to:
No.
Name of nominee
District
Received by
Committee
Committee
Senate
Hearing
Senate vote b
Hearing
Senate
action a
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
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

---

CRS-74
Date
Days from nomination date to:
No.
Name of nominee
District
Received by
Committee
Committee
Senate
Hearing
Senate vote b
Hearing
Senate
action a
action
vote
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
—
—
—
Mean i
87j
102
127
Number of days elapsed from date received in Senate
Median k
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.
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.

---

CRS-75
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 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-76
Appendix 7. President George W. Bush’s Nominations to the U.S. District Courts
During the 108th Congress, January 7, 2003-December 8, 2004
Date
Days from nomination date to:
No.
Name of nominee
District
Committee
Committee
Received
Hearing
Senate vote b
Hearing
Senate vote
action a
action
1
John R. Adams c
North. OH
01/07/03
01/29/03
02/06/03
02/10/03
22
30
34
91-0 vote
2
J. Daniel Breen c
West. TN
01/07/03
02/12/03
03/06/03
03/13/03
36
58
65
92-0 vote
3
Cormac J. Carney c
Cent. CA
01/07/03
03/12/03
03/20/03
04/07/03
64
72
90
80-0 vote
4
James C. Dever III c
East. NC
01/07/03
—
—
Returned
—
—
—
12/08/04 d
5
Ralph R. Erickson c
ND
01/07/03
02/05/03
02/27/03
03/12/03
29
51
64
6
Sandra J. Feuerstein c
East. NY
01/07/03
07/22/03
07/31/03
09/17/03
196
205
253
93-0 vote
7
Greg

ory L. Frost c
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. Holwell c
South. NY
01/07/03
07/22/03
07/31/03
09/17/03
196
205
253
10
Robert A. Junell c
West. TX
01/07/03
01/29/03
02/06/03
02/10/03
22
30
34
91-0 vote
11
Thomas L. Ludington c
East. MI
01/07/03
—
—
Returned
—
—
—
12/08/04 d

---

CRS-77
Date
Days from nomination date to:
No.
Name of nominee
District
Committee
Committee
Received
Hearing
Senate vote b
Hearing
Senate vote
action a
action
12
S. James Otero c
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 III c
HI
01/07/03
—
—
Withdrawn
—
—
—
05/06/04
15
Thomas A. Varlan c
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
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

---

CRS-78
Date
Days from nomination date to:
No.
Name of nominee
District
Committee
Committee
Received
Hearing
Senate vote b
Hearing
Senate vote
action a
action
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
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
—
—
—
12/08/04 d
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

---

CRS-79
Date
Days from nomination date to:
No.
Name of nominee
District
Committee
Committee
Received
Hearing
Senate vote b
Hearing
Senate vote
action a
action
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
—
—
—
12/08/04 d
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
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

---

CRS-80
Date
Days from nomination date to:
No.
Name of nominee
District
Committee
Committee
Received
Hearing
Senate vote b
Hearing
Senate vote
action a
action
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
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 Rodgers
North. FL
07/14/03
09/17/03
10/02/03
10/20/03
65
80
98
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

---

CRS-81
Date
Days from nomination date to:
No.
Name of nominee
District
Committee
Committee
Received
Hearing
Senate vote b
Hearing
Senate vote
action a
action
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
03/12/04
57
163
171
92-0 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
03/12/04
92
134
142
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
—
—
—
12/08/04 d
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

---

CRS-82
Date
Days from nomination date to:
No.
Name of nominee
District
Committee
Committee
Received
Hearing
Senate vote b
Hearing
Senate vote
action a
action
81
Curtis V. Gomez
VI
11/25/03
04/08/04
04/29/04
11/21/04
135
156
362
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
11/21/04
200
222
274
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
11/21/04
64
86
137
93
Christopher A. Boyko
North. OH
07/22/04
09/22/04
10/04/04
11/21/04
62
74
122
94
Paul A. Crotty
South. NY
09/07/04
11/16/04
—
Returned
70
—
—
12/08/04d,
95
Sean F. Cox
East. MI
09/10/04
—
—
Returned
—
—
—
12/08/04d

---

CRS-83
Date
Days from nomination date to:
No.
Name of nominee
District
Committee
Committee
Received
Hearing
Senate vote b
Hearing
Senate vote
action a
action
96
J. Michael Seabright
HI
09/15/04
11/16/04
—
Returned
62
—
—
12/08/04d
Meanf
85
111
156
Number of days elapsed from date received in Senate
Mediang
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. 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.
g. 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-84
Appendix 8. President George W. Bush’s Nominations to the U.S. District Courts During the
109th Congress, January 4, 2005-April 7, 2006
Date
Days from Nomination to:
No.
Name of Nominee
District
Committee
Committee
Received
Hearing
Senate vote b
Hearing
Senate vote
action a
action
d
1
J. Michael Seabright c
HI
02/14/05
03/17/05
04/27/05
—
31
72
98-0
2
Daniel P. Ryan c
East. MI
02/14/05
—
—
Withdrawn
—
—
—
03/30/06
3
Thomas L. Ludington c
East. MI
02/14/05
—
—
—
—
—
—
4
Sean F. Cox c
East. MI
02/14/05
—
—
—
—
—
—
5
James C. Dever III c
East. NC
02/14/05
03/03/05
04/14/05
04/28/05
17
59
73
6
Robert J. Conrad Jr. c
West. NC
02/14/05
03/03/05
04/14/05
04/28/05
17
59
73
7
Peter G. Sheridan c
NJ
02/14/05
—
—
—
—
—
—
d
8
Paul A. Crotty c
South. NY
02/14/05
03/17/05
04/11/05
—
31
56
95-0
9
Brian E. Sandoval
NV
03/01/05
09/29/05
10/20/05
10/24/05
212
233
237
89-0
10
John Richard Smoak
North. FL
06/08/05
09/29/05
10/20/05
10/27/05
113
134
141
97-0
11
Timothy Mark Burgess
Alaska
07/28/05
11/01/05
11/17/05
12/21/05
96
112
146
12
Joseph Frank Bianco
East. NY
07/28/05
11/01/05
11/17/05
12/21/05
96
112
146
13
Harry Sandlin Mattice Jr.
East. TN
07/28/05
09/29/05
10/20/05
10/24/05
63
84
88
91-0

---

CRS-85
Date
Days from Nomination to:
No.
Name of Nominee
District
Committee
Committee
Received
Hearing
Senate vote b
Hearing
Senate vote
action a
action
14
Gregory F. Van Tatenhove
East. KY
09/13/05
11/01/05
11/17/05
12/21/05
49
65
99
15
Timothy C. Batten Sr.
North. GA
09/28/05
02/07/06
02/16/06
03/06/06
132
141
159
88-0
16
Kristi K. DuBose
South. AL
09/28/05
11/15/05
11/17/05
12/21/05
48
50
84
17
Thomas E. Johnston
South. WV
09/28/05
02/07/06
02/16/06
03/06/06
132
141
159
89-0
18
Virginia Mary Kendall
North. IL
09/28/05
11/15/05
11/17/05
12/21/05
48
50
84
19
W. Keith Watkins
Mid. AL
09/28/05
11/15/05
11/17/05
12/21/05
48
50
84
20
Eric N. Vitaliano
East. NY
10/06/05
11/01/05
11/17/05
12/21/05
26
42
76
21
Aida M. Delgado-Colon
PR
10/25/05
02/07/06
02/16/06
03/06/06
105
114
132
22
Patrick J. Schiltz
MN
12/14/05
03/01/06
03/30/06
—
77
106
—
23
Jack Zouhary
North. OH
12/14/05
02/15/06
03/02/06
03/16/06
63
78
92
96-0
24
Stephen G. Larson
Cent. CA
12/15/05
02/15/06
03/02/06
03/16/06
62
77
91
25
Michael R. Barrett
South. OH
12/16/05
03/29/06
—
—
103
—
—
26
Vanessa L. Bryant
CT
01/25/06
—
—
—
—
—
—
27
Renee M. Bumb
NJ
01/25/06
—
—
—
—
—
—
28
Brian M. Cogan
East. NY
01/25/06
03/29/06
—
—
63
—
—
29
Thomas M. Golden
East. PA
01/25/06
03/29/06
—
—
63
—
—
30
Andrew J. Guildford
Cent. CA
01/25/06
—
—
—
—
—
—
31
Noel L. Hillman
NJ
01/25/06
—
—
—
—
—
—

---

CRS-86
Date
Days from Nomination to:
No.
Name of Nominee
District
Committee
Committee
Received
Hearing
Senate vote b
Hearing
Senate vote
action a
action
32
Gray H. Miller
South. TX
01/25/06
03/14/06
03/30/06
—
48
64
—
33
Susan D. Wigenton
NJ
01/25/06
—
—
—
—
—
—
34
Jerome A. Holmes
North. OK
02/14/06
—
—
—
—
—
—
35
Frank D. Whitney
West. NC
02/14/06
—
—
—
—
—
—
Mean e
76
87
110
Number of days elapsed from date received in Senate
Median f
63
77
91
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 108th Congress.
d. Hearing held on earlier nomination in 108th Congress.
f. 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.
g. 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 m
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elapsed times for the two nominations in the middle of the distribution if there is no one middle nomination.

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