President Bush's Judicial Nominations During the 101st and 102nd Congresses

There are ten categories of courts (including the local courts of the District of Columbia) to which the President nominates judges. The report provides background and statistics concerning President Bush's judicial nominations in each court category as well as actions taken on those nominations by the United States Senate. Each of the report's ten sections discusses the composition and jurisdiction of the court in question and notes the committee to which nominations to this court were referred when received by the Senate. Also, statistics on judicial nominations received by the Senate during the four years of the Bush Presidency are presented.

Order Code 93-395 President Bush’s Judicial Nominations During the 101st and 102nd Congresses Updated March 29, 1993 Denis Steven Rutkus Specialist in American National Government Government Division President Bush’s Judicial Nominations During the 101st and 102nd Congresses Summary There are ten categories of courts (including the local courts of the District of Columbia) to which the President nominates judges. The following report provides background and statistics concerning President Bush’s judicial nominations in each court category as well as actions taken on those nominations by the United States Senate. Each of the report’s ten sections discusses the composition and jurisdiction of the court in question and notes the committee to which nominations to this court were referred when received by the Senate. Also, statistics on judicial nominations received by the Senate during the four years of the Bush Presidency are presented, including the following: ! Overall number of persons nominated, confirmed, and not confirmed to the court in question; ! Number of President Bush’s nominees currently sitting on the court; ! Breakdowns, for both the 101st and 102nd Congresses, of the number of nominations received by the Senate, confirmed, or failing to receive Senate confirmation. At the end of each section, a table lists President Bush’s pertinent court nominations during the 101st and 102nd Congresses, including nomination dates, hearing dates, dates reported out of committee, and dates of confirmation or other final Senate action. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Nominations to the Supreme Court of the United States . . . . . . . . . . . . . . . . . . . . 5 Nominations to the U.S. Courts of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Nominations to the U.S. District Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Nominations to the U.S. Court of International Trade . . . . . . . . . . . . . . . . . . . . . 20 Nominations to the U.S. Court of Federal Claims . . . . . . . . . . . . . . . . . . . . . . . . 21 Nominations to the U.S. Tax Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Nominations to the U.S. Court of Veterans Appeals . . . . . . . . . . . . . . . . . . . . . . 23 Nominations to the Superior Court of the District of Columbia . . . . . . . . . . . . . 24 Nominations to the District of Columbia Court of Appeals . . . . . . . . . . . . . . . . 26 Nominations to the U.S. Court of Military Appeals . . . . . . . . . . . . . . . . . . . . . . 27 List of Tables Table 1. Presidential Nominations to the Supreme Court of the United States During the 101st and 102nd Congresses . . . . . . . . . . . . 6 Table 2. Presidential Nominations to the U.S. Courts of Appeals During the 101st and 102nd Congresses, 1989-92 . . . . . . . . . . . 8 Table 3. Presidential Nominations to the U.S. District Courts During the 101st and 102nd Congresses, 1989-92 . . . . . . . . . . . . . . 13 Table 4. Presidential Nominations to the U.S. Court of International Trade During the 101st and 102nd Congresses, 1989-92 . . . . . . . . . . . . . . . . . . . 20 Table 5. Presidential Nominations to the U.S. Claims Court During the 101st and 102nd Congresses, 1989-92 . . . . . . . . . . . . . . . . . . . 21 Table 6. Presidential Nominations to the U.S. Tax Court During the 101st and 102nd Congresses, 1989-92 . . . . . . . . . . . . . . . . . . . 22 Table 7. Presidential Nominations to the U.S. Court of Veterans Appeals During the 101st and 102nd Congresses, 1989-92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Table 8. Presidential Nominations to the Superior Court of the District of Columbia During the 101st and 102nd Congresses, 1989-92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Table 9. Presidential Nominations to the District of Columbia Court of Appeals During the 101st and 102nd Congresses, 1989-92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Table 10. Presidential Nominations to the U.S. Court of Military Appeals During the 101st and 102nd Congresses, 1989-1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 President Bush’s Judicial Nominations During the 101st and 102nd Congresses Introduction Under the Constitution of the United States, the President nominates and, subject to confirmation by the Senate, appoints Justices to the Supreme Court as well as judges to most lower Federal courts.1 The Presidential nominating power directly affects the composition of nearly all of the courts making up the Federal judiciary. There are ten courts or court systems to which the President nominates judges. Specifically, these are the: Supreme Court of the United States; United States Courts of Appeals; United States District Courts (including the Territorial courts); United States Court of International Trade; United States Court of Federal Claims; United States Tax Court; United States Court of Veterans Appeals; Superior Court of the District of Columbia; District of Columbia Court of Appeals; and United States Court of Military Appeals; During the four years of his Presidency, George Bush nominated persons to judgeships on all of these courts. The President, however, does not nominate Federal bankruptcy judges (who are appointed by the United States Courts of Appeals), administrative law judges (appointed by Federal agencies), or U.S. magistrates (appointed by the United States District Courts), nor are these judges subject to Senate confirmation. Justices on the Supreme Court and judges on other courts established by Congress under Article III of the Constitution “hold their Offices during good Behaviour”—i.e., they receive lifetime appointments. In addition to the Supreme Court, the “Article III courts” consist of the U.S. Courts of Appeals, the U.S. Court 1 In pertinent part, Article II, Section 2, Clause 2 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. . . .” CRS-2 of International Trade, and the U.S. District Courts in the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. The President, as previously noted, nominates judges to other Federal courts as well. These are the so-called “legislative courts,” which are created by Congress under divers constitutional authority not requiring lifetime (“good behaviour”) tenure. Presidential nominations to these courts entail fixed terms of various lengths.2 In the following pages, ten separate sections provide background and statistics concerning President Bush’s judicial nominations to each of the court categories listed above.3 Each section begins by briefly discussing the composition and jurisdiction of the court or court system in question. Then various statistics are provided, including: overall number of nominations to the court which were received, confirmed, or not confirmed by the Senate during Mr. Bush’s Presidency; the number of President Bush’s appointees who currently serve on the court (as distinguished from those who since their appointment may have left the court); and a breakdown, for both the 101st and 102nd Congresses, of the number of nominations received by the Senate, confirmed, or failing to receive Senate confirmation. Also noted is the committee to which judicial nominations to a particular court were referred after being received by the Senate. The most common ways in which a judicial nomination fails to receive Senate confirmation are these: 2 Two courts of local jurisdiction for the District of Columbia, as well as the Territorial courts in the U.S. Virgin Islands, the Northern Mariana Islands, and Guam, have been created pursuant to Congress’s power “to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States” (Article IV, Section 3, Clause 2). Under this power, Congress has enacted laws providing for 15-year judicial appointments to the District of Columbia courts and for 10-year judicial terms on the Territorial courts. Besides the local courts of the District of Columbia, four courts of specialized subject matter jurisdiction—the U.S. Claims Court, the U.S. Tax Court, the U.S. Court of Veterans Appeals, and the U.S. Court of Military Appeals—have been created pursuant to constitutional authority other than Article III. Congress has enacted laws providing for 15year judicial appointments to these courts. 3 The focus of this report is appointments through the process of Presidential nomination and Senate confirmation, but on rare occasions appointment to these courts are made without submitting a nomination to the Senate. This may occur when a President exercises his constitutional power to make “recess appointments.” Specifically, Article II, Section 2, Clause 3 of the U.S. Constitution 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.” During his tenure in office, President Ronald Reagan made one judicial “recess appointment”; the appointment, to the U.S. Claims Court, was made after the sine die adjournment of the Second Session of the 97th Congress and prior to the convening of the 98th Congress. (See: U.S. Library of Congress. Congressional Research Service. President Reagan’s Judicial Nominations During the 100th Congress. Report No. 89-50 GOV, by Denis Steven Rutkus. Washington, 1988 p. 3.) During his Presidency, however, George Bush made no judicial “recess appointments.” CRS-3 (1) The Senate committee to which the nomination has been referred either votes against reporting the nomination to the Senate or makes clear its intention not to act on the nomination—after which the President usually withdraws the nomination; (2) The full Senate votes against confirmation; (3) Without confirming or rejecting the nomination, the Senate adjourns or recesses for more than 30 days, at which time it returns the nomination to the President pursuant to Rule XXXI, paragraph 6, Standing Rules of the Senate.4 During President Bush’s tenure in office, all but one of those judicial nominations which eventually failed to be confirmed fell in the third category.5 One of the failed nominations fell into the first as well as the third category, having received unfavorable action at the committee level before being returned by the Senate.6 In a number of instances, when the Senate returned a judicial nomination pursuant to Rule XXXI, President Bush renominated the individual involved, after which the Senate then confirmed the individual. Each court section notes, where applicable, the respective number of nominations that were returned by the Senate, were resubmitted by the President, and ultimately were confirmed or failed to be confirmed.7 4 Paragraph 6 of Senate Rule XXXI 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.” 5 One U.S. district court nomination failed to be confirmed for none of the above-listed reasons when President Bush the same day withdrew the nomination of an individual to one district judgeship and nominated him to a judgeship in another district. See October 24, 1991 and November 5, 1991 nominations of Jimm Larry Hendren, Table 3. 6 The nomination in question was that of Kenneth L. Ryskamp of Florida to be a U.S. Court of Appeals judge for the Eleventh Circuit. On April 11, 1991, a motion in the Senate Committee on the Judiciary to report favorably the Ryskamp nomination to the Senate failed by a 6-8 vote. A second motion to report the nomination to the Senate without a recommendation also failed, by a 7-7 tie vote. See: Biskupic, Joan. Home-State Senator’s Opposition Marked End for Court Nominee. Congressional Quarterly Weekly Report, v. 49, April 13, 1991. p. 922. In the months immediately after the negative committee action, President Bush declined to withdraw the nomination, with the result that it was returned to him on August 2, 1991, pursuant to Rule XXXI, when the Senate adjourned for more than 30 days. See: Mitchell, George J. Return of Certain Nominations to the President. Remarks in the Senate. Congressional Record, Daily Edition, v. 137, Aug. 2, 1991. p. S12131. 7 Thus, the statistics in this report distinguish between the overall number of nominations once failing to receive Senate confirmation and the smaller number of nominees who failed ever to be confirmed. The former number covers all instances of nominations failing confirmation when returned pursuant to Rule XXXI, regardless of whether the nominees (continued...) CRS-4 At the end of each section is a table which lists President Bush’s nominations to the court during the 101st and 102nd Congresses, respectively. Separate columns indicate for each nomination the dates of nomination, committee hearing, committee action, and confirmation or other final Senate action. Nominations are listed in chronological order according to their nomination date. In the confirmation column, a date by itself indicates that the Senate, on the date given, confirmed the nominee by voice vote or unanimous consent. A confirmation date, with a vote total underneath, indicates that Senate confirmation was by a roll call vote. This column also indicates the final disposition of nominations failing to receive Senate confirmation. An entry of “Returned, 10/08/92,” for example, indicates that the nomination was returned to the President pursuant to Senate Rule XXXI, paragraph 6, due to the Senate’s taking a recess of more than 30 days. In this instance, the nomination failed to receive confirmation by the sine die adjournment of the Second Session of the 102nd Congress on October 8, 1992. 7 (...continued) involved were later renominated and confirmed. The latter number accounts only for individuals who failed ever to be confirmed either because of unfavorable committee action, Senate rejection, the withdrawal of the nomination, or the President’s disinclination to renominate upon receiving from the Senate a returned nomination. CRS-5 Nominations to the Supreme Court of the United States The Supreme Court of the United States consists of a Chief Justice and eight Associate Justices. As the highest appellate court in the Federal judiciary, the Supreme Court reviews decisions of lower Federal courts as well as rulings of State courts where a Federal question is involved. The Court also has original jurisdiction (that is, it can act as a court of first resort) over cases affecting public ministers of foreign states and in certain cases in which a State is a party. Of the Court’s present members, two Associate Justices are Bush appointees. The first of the two, David H. Souter, was nominated and confirmed to the Court in 1990, during the 101st Congress; the second, Clarence Thomas, was appointed in 1991, during the present 102nd Congress. On July 25, 1990, President Bush nominated Judge David H. Souter of the U.S. Circuit Court of Appeals for the First Circuit to fill a Supreme Court vacancy created by the retirement of Justice William J. Brennan.8 As a Supreme Court nominee, Judge Souter testified before the Senate Judiciary Committee on September 13, 14 and 17, 1990, followed by two more days of hearings, on September 18 and 19, for other witnesses testifying in support of or against the nomination. The Judiciary Committee on September 27 voted 13-1 to report the Souter nomination favorably to the full Senate. On October 2, the Senate, after four hours of debate, confirmed the Souter nomination by a roll call vote of 90-9.9 The second occasion for President Bush to make a Supreme Court appointment arose on June 27, 1991, when Associate Justice Thurgood Marshall announced his intention to retire. To fill the prospective Court vacancy, President Bush nominated Judge Clarence Thomas of the U.S. Circuit Court of Appeals for the District of Columbia.10 After being received by the Senate on July 8, 1991, the nomination of Judge Thomas was referred to the Committee on the Judiciary. Judge Thomas testified before the Senate Judiciary Committee on September 10, 11, 12, 13, and 16, followed by three more days of hearings on September 17, 19, and 20 for other witnesses testifying in support of or against the nomination. On September 27 the 8 At this point, Judge Souter had served as a Federal appellate judge for only three months, having been nominated by President Bush to the circuit judgeship on January 24, 1990 and confirmed by the Senate on April 27, 1990. See Table 2. 9 See: U.S. Congress. Senate. Committee on the Judiciary. Nomination of David H. Souter To Be Associate Justice of the Supreme Court of the United States. Hearings, 101st Cong., 2nd Sess., Sept. 13, 14, 17, 18, and 19, 1990. Washington, U.S. Govt. Print. Off., 1991. 1198 p.; Biskupic, Joan. Souter Gains 13-1 Approval of Judiciary Committee. Congressional Quarterly Weekly Report, v. 48, Sept. 29, 1990. p. 3127-28; Supreme Court of the United States. Congressional Record, Daily Edition, v. 136, Oct. 2, 1990. p. S1433874. 10 Judge Thomas had been nominated to the circuit judgeship by President Bush on October 31, 1989 and received Senate confirmation to that position on March 6, 1990. See Table 2. CRS-6 Committee voted 13-1 to report the Thomas nomination to the full Senate with no recommendation, after a motion to recommend the nomination favorably failed by a Committee vote of 7-7. The Senate on October 3 and 4 debated whether to confirm Judge Thomas, scheduling the confirmation vote for October 8. When the Senate resumed this debate on October 7, however, its attention was directed to a sexual harassment accusation against the nominee (which had been made public on October 5). On October 8, the Senate agreed by unanimous consent to reschedule its vote on the Thomas nomination to October 15 to allow the Judiciary Committee time for further inquiry into this accusation. On October 11, the Judiciary Committee, beginning a second round of hearings, heard testimony by law professor Anita Hill relating in detail her allegations of the nominee’s past sexual harassment of her, and testimony by Judge Thomas denying the accusations. The Committee heard further testimony from Judge Thomas on October 12 and from supporting witnesses for both Professor Hill and Judge Thomas on October 13. On October 15, after resuming debate on the nomination, the Senate voted 52-48 to confirm Judge Thomas to the Supreme Court—the most Senate votes ever cast against a nominee confirmed to the Court.11 Table 1. Presidential Nominations to the Supreme Court of the United States During the 101st and 102nd Congresses Nominee To Replace Nominated Hearings David H. Souter of New Hampshire Clarence Thomas of Georgia William J. Brennan 07/25/90 Thurgood Marshall 07/08/91 09/13,14,17, 09/27/90 18,19/90 09/10,11,12, 09/27/91 13, 16, 17, 19, 20/91; 10/11,12,13/91 11 Reported Confirmed 10/02/90 90-9 vote 10/15/91 52-48 vote See: Biskupic, Joan. Thomas Drama Engulfs Nation; Anguished Senate Faces Vote. Congressional Quarterly Weekly Report, v. 49, Oct. 12, 1991. p. 2948-57; Biskupic, Joan. Thomas’ Victory Puts Icing on Reagan-Bush Court. Congressional Quarterly Weekly Report, v. 49, Oct. 19, 1991. p. 3026-33; Nomination of Clarence Thomas, of Georgia, To Be an Associate Justice of the Supreme Court of the United States. Congressional Record, Daily Edition, v. 137, Oct. 15, 1991. p. S14626-705. CRS-7 Nominations to the U.S. Courts of Appeals The U.S. Courts of Appeals review appeals from decisions of the Federal trial courts and are empowered to review the orders of many administrative agencies. Cases are generally presented to the courts sitting in panels consisting of three judges. Often called circuit courts, the U.S. Courts of Appeals are divided geographically into 12 circuits (including one for the District of Columbia), each having from six to 28 judges. There also exists a Court of Appeals for the Federal Circuit (consisting of 12 judges), which has nationwide jurisdiction and which reviews, among other things, lower court rulings in patent, trademark, and copyright cases.12 Altogether, 179 permanent circuit judgeships are authorized by law. Forty-two of President Bush’s nominees to the circuit courts of appeal received Senate confirmation. All but two of the 42 currently are active judges on the circuit courts. The other Bush appointees to circuit court judgeships—David H. Souter and Clarence Thomas—were “elevated” by their later nomination and confirmation to the Supreme Court. Upon being transmitted by the President to the Senate, circuit court nominations are referred to the Committee on the Judiciary. During the 101st Congress, 22 of President Bush’s 23 nominees to the Courts of Appeals received Senate confirmation. The other nomination failed to be confirmed when it was returned to the President at a sine die adjournment of the Congress pursuant to Rule XXXI of the Standing Rules of the Senate. (The name of that nominee then was resubmitted by President Bush in the 102nd Congress, but this nomination also failed, at the committee action stage.) During the 102nd Congress, the Senate received 31 appeals court nominations from the President. Twenty of these nominations were confirmed while the other eleven were returned to the President pursuant to Rule XXXI. Of the 11, one was returned at the start of the Senate’s August 1991 recess (after the Judiciary Committee voted against reporting out the nomination), and ten were returned on October 8, 1992, at the sine die adjournment of the Second Session of the 102nd Congress (after receiving no committee or Senate action). In the table below, the phrase “New position” occasionally appears in the “Circuit” column. The phrase refers to a judicial vacancy created by the Judicial Improvements Act of 1990 (104 Stat. 5089, 28 U.S.C. 44). This Act, among other things, authorized a total of 11 new U.S. Appeals Court judgeships. A “New position” vacancy is to be distinguished from a vacancy created when a circuit judge 12 Besides lower court rulings in patent, trademark, and copyright cases, this court reviews certain appeals from U.S. district and territorial courts in contract, internal revenue, and other cases, as well as decisions of the U.S. Claims Court and the U.S. Court of International Trade, and administrative rulings by the Patent and Trademark Office, the U.S. International Trade Commission, the Secretary of Commerce, agency boards of contract appeals, and the Merit System Protection Board. CRS-8 died, retired, or resigned from office. Unless designated “New position,” the nominations listed below are to judgeships which a predecessor held until he or she vacated the office. Table 2. Presidential Nominations to the U.S. Courts of Appeals During the 101st and 102nd Congresses, 1989-92 Nominee Circuit Nominated Hearings Reported Confirmed 101st Congress Ferdinand F. Fernandez of California Pamela Ann Rymer of California Conrad K. Cyr of Maine S. Jay Plager of Indiana John M. Walker, Jr., of New York Clarence Thomas of Virginia Rhesa H. Barksdale of Mississippi Jacques L. Wiener, Jr., of Louisiana Raymond C. Clevenger, III, of the District of Columbia Alan D. Lourie of Pennsylvania David H. Souter of New Hampshire Samuel A. Alito, Jr., of New Jersey Stanley F. Birch, Jr., of Georgia Richard F. Suhrheinrich of Michigan Kenneth J. Ryskamp of Florida Karen LeCraft Henderson of South Carolina A. Raymond Randolph of Maryland Ninth 02/28/89 05/11/89 05/18/89 05/18/89 Ninth 02/28/89 04/05/89 05/18/89 05/18/89 First 08/04/89 09/26/89 10/18/89 10/24/89 Federal 09/12/89 10/20/89 11/02/89 11/08/89 Second 09/21/89 11/07/89 11/16/89 11/22/89 D.C. 10/31/89 02/06/90 02/22/90 03/06/90 Fifth 11/17/89 02/27/90 03/08/90 03/09/90 Fifth 11/17/89 02/21/90 03/08/90 03/09/90 Federal 01/24/90 04/04/90 04/26/90 04/27/90 Federal 01/24/90 03/22/90 04/05/90 04/05/90 First 01/24/90 04/05/90 04/26/90 04/27/90 Third 02/20/90 04/05/90 04/26/90 04/27/90 Eleventh 03/22/90 05/02/90 05/10/90 05/11/90 Sixth 04/19/90 06/11/90 06/27/90 06/29/90 Eleventh 04/26/90 D.C. 05/08/90 06/11/90 06/27/90 Returned 10/28/90 06/29/90 D.C. 05/08/90 06/27/90 07/12/90 07/13/90 CRS-9 Nominee Circuit Nominated Hearings Reported Confirmed 101st Congress Paul V. Niemeyer of Maryland Joel F. Dubina of Alabama Randall R. Rader of Virginia Joseph M. McLaughlin of New York Thomas G. Nelson of Idaho James B. Loken of Minnesota Fourth 05/11/90 07/16/90 07/26/90 08/04/90 Eleventh 06/07/90 09/11/90 09/27/90 09/28/90 Federal 06/12/90 07/16/90 07/26/90 08/04/90 Second 07/10/90 10/05/90 10/11/90 10/12/90 Ninth 07/18/90 10/05/90 10/11/90 10/12/90 Eighth 09/10/90 10/05/90 10/11/90 10/12/90 102nd Congress Kenneth L. Ryskamp of Florida Emilio Garza of Texas J. Michael Luttig of Virginia Jane R. Roth of Delaware Andrew J. Kleinfeld of Alaska Alice M. Batchelder of Ohio Clyde H. Hamilton of South Carolina Eugene E. Siler, Jr., of Kentucky Harold R. DeMoss, Jr., of Texas Jay C. Waldman of Pennsylvania David R. Hansen of Iowa Franklin S. Van Antwerpen of Pennsylvania Lillian R. BeVier of Virginia Terrence W. Boyle of North Carolina Morris S. Arnold of Arkansas Francis A. Keating, II, of Oklahoma Eleventh 01/08/91 03/19,20/91 Fifth 04/11/91 05/15/91 Disapproved Returned 04/11/91 08/02/91 05/23/91 05/24/91 Fourth (New position) Third 04/23/91 07/11/91 07/25/91 07/29/91 05/16/91 06/20/91 06/27/91 06/28/91 Ninth 05/23/91 07/19/91 09/12/91 09/12/91 Sixth 06/12/91 09/26/91 10/31/91 11/27/91 Fourth (New position) Sixth 06/12/91 07/11/91 07/18/91 07/18/91 06/19/91 07/24/91 09/12/91 09/12/91 Fifth 06/27/91 09/26/91 10/31/91 11/27/91 Third (New position) Eighth (New position) Third 07/26/91 11/15/91 Returned 10/08/92 11/15/91 07/30/91 11/05/91 09/11/91 Returned 10/08/92 Fourth (New position) Fourth (New position) Eighth 10/22/91 Returned 10/08/92 Returned 10/08/92 05/21/92 Tenth (New position) 11/14/91 10/22/91 11/06/91 05/14/92 05/21/92 Returned 10/08/92 CRS-10 Nominee Circuit Nominated Hearings Reported Confirmed Paul J. Kelly, Jr., of New Mexico Edward E. Carnes of Alabama Sidney A. Fitzwater of Texas John G. Roberts, Jr., of Maryland John A. Smietanka of Michigan Karen J. Williams of South Carolina Alvin A. Schall of Maryland Frederico A. Moreno of Florida Susan H. Black of Florida Michael Boudin of Massachusetts Dennis G. Jacobs of New York Justin P. Wilson of Tennessee Norman H. Stahl of New Hampshire Ilane Diamond Rovner of Illinois Timonthy K. Lewis of Pennsylvania Tenth (New position) Eleventh 11/19/91 03/17/92 04/08/92 04/08/92 01/27/92 04/01/92 05/07/92 Fifth 01/27/92 D.C. 01/27/92 Sixth (New position) Fourth 01/27/92 01/27/92 02/19/92 02/27/92 09/09/92 62-36 vote Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 02/27/92 Federal 03/03/92 07/29/92 08/12/92 08/12/92 Eleventh 03/10/92 Eleventh 03/10/92 06/04/92 06/11/92 Returned 10/08/92 08/11/92 First 03/20/92 05/14/92 05/21/92 05/21/92 Second 03/20/92 08/11/92 09/17/92 09/29/92 Sixth 03/20/92 First 04/09/92 06/18/92 06/25/92 Returned 10/08/92 06/26/92 Seventh 07/02/92 08/04/92 08/12/92 08/12/92 Third (New position) 09/17/92 09/24/92 10/02/92 10/08/92 CRS-11 Nominations to the U.S. District Courts The U.S. District Courts are the trial courts of general Federal jurisdiction. Each State has at least one district court, while some have as many as four. There are 649 district judgeships in all, including those for the District of Columbia, the Commonwealth of Puerto Rico, and the Territories of Guam, the Northern Marianas and the Virgin Islands.13 During his Presidency, 150 of Mr. Bush’s nominees to the district courts received Senate confirmation. All but four of these individuals continue to be sitting judges in the district courts. The four who vacated their district court judgeships were appointed by President Bush to other positions.14 During the 101st Congress, 48 of President Bush’s nominations to the district courts were confirmed. Four of his nominations to the district courts failed to receive Senate confirmation and were returned to the President pursuant to Rule XXXI of the Standing Rules of the Senate. Of the four nominees that were not confirmed, one eventually was confirmed after being renominated by the President later in that Congress, while two of the others were confirmed after being renominated early in the 102nd Congress. The President declined to renominate the fourth individual. During the 102nd Congress, President Bush submitted to the Senate 147 district court nominations. Of those nominations 102 were confirmed, one was withdrawn by the President,15 and 44 were returned to the President pursuant to Rule XXXI, after receiving no committee or Senate action. All but one of the 44 were returned on October 8, 1992, at the sine die adjournment of the Second Session of the 102nd 13 All of these judgeships, except for those to the Territorial district courts in the Virgin Islands, the Northern Marianas, and Guam, entail lifetime appointments. See discussion on pages 1 and 2 concerning lifetime appointments of judges on “Article III courts” and the fixed-term appointments of judges on “legislative courts.” 14 Robert C. Bonner, a Bush nominee confirmed by the Senate to a district court judgeship on May 18, 1989, resigned on August 13, 1990, after having been confirmed by the Senate on July 27, 1990, as Administrator of the of the Drug Enforcement Administration. Another Bush nominee, Michael Boudin, received Senate confirmation on August 4, 1990, but resigned on January 30, 1992. Shortly thereafter, on March 20, 1992, Mr. Boudin was nominated to be a judge on the U.S. Court of Appeals for the First Circuit, and that nomination is pending in the Senate. Norman H. Stahl, who was confirmed to a district judgeship on April 5, 1990, subsequently, on April 9, 1991, was nominated by President Bush to a judgeship on the U.S. Court of Appeals for the First Circuit, receiving Senate confirmation to that position on June 26, 1992. Timothy K. Lewis, who was confirmed to a district court judgeship on June 14, 1991, subsequently, on September 17, 1992, was nominated by President Bush to a judgeship on the U.S. Court of Appeals for the Third Circuit, receiving Senate confirmation to that position on October 8, 1992 (the last day of the 102nd Congress). 15 On November 5, 1991, the President withdrew the nomination (which had been sent to the Senate on October 24, 1991) of Jimm Larry Hendren to a judgeship in the Eastern District of Arkansas and renominated Mr. Hendren to a judgeship in the Western District of Arkansas. The second of these two nominations was confirmed by the Senate on March 13, 1992. See Table 3. CRS-12 Congress; the other had been returned earlier, at the start of the Senate’s August 1991 recess. 16 Upon being transmitted by the President to the Senate, district court nominations have been referred to the Committee on the Judiciary. In the table below, the phrase “New position” occasionally appears in the “District” column. The phrase refers to a judicial vacancy created by the Judicial Improvements Act of 1990 (104 Stat. 5089, 28 U.S.C. 133). This Act, among other things, authorized a total of 74 new district court judgeships. A “New position” vacancy is to be distinguished from a vacancy created when a district judge died, retired, or resigned from office. Unless designated “New position,” the nominations listed below are to judgeships which a predecessor held until he or she vacated the office. 16 On August 2, 1991, as it prepared to adjourn for its August recess, the Senate, by unanimous consent, waived the application of Rule XXXI to all pending district court nominations, except to that of James P. McGregor. Hence, the McGregor nomination was returned to the President pursuant to Rule XXXI, although 33 other district court nominations remained pending in the Senate. See: Mitchell, George J. Return of Certain Nominations to the President. Remarks in the Senate. Congressional Record, Daily Edition, v. 137, Aug. 2, 1991. p. S12131. CRS-13 Table 3. Presidential Nominations to the U.S. District Courts During the 101st and 102nd Congresses, 1989-92 Nominee District Nominated Hearings Reported Confirmed 101st Congress Robert C. Bonner Melinda Harmon Vaughn R. Walker Cent. CA South. TX North. CA 02/28/89 02/28/89 02/28/89 04/05/89 04/05/89 05/18/89 05/18/89 Marvin J. Garbis Rebecca Beach Smith Vaughn R. Walker Edwin L. Nelson G. Thomas Van Bebber George W. Lindberg Susan Webber Wright Edward W. Nottingham Arthur D. Spatt Edward J. Lodge Gerald E. Rosen Donald J. Lee Ronald L. Buckwalter Joseph M. Hood James F. McClure, Jr. Lawrence M. McKenna John S. Martin, Jr. John D. Rainey James K. Singleton, Jr. William M. Nickerson Daniel B. Sparr Norman H. Stahl Stephen M. McNamee Robert H. Cleland Graham C. Mullen Robert E. Jones Jack D. Shanstrom Samuel Grayson Wilson D. Brock Hornby Adriane J. Dudley MD East. VA North. CA North. AL KS North. IL East. & West. AR COa East. NY ID East. MI West. PA East. PA East. KY Mid. PA South. NY South. NY South. TX AK MD CO NH AZ East. MI West. NC OR MT West. VA ME VI 08/04/89 08/04/89 09/07/89 09/13/89 09/13/89 09/21/89 09/21/89 10/23/89 10/25/89 10/31/89 11/09/89 11/09/89 11/17/89 01/24/90 01/24/90 01/24/90 01/24/90 01/24/90 01/24/90 01/24/90 01/24/90 01/24/90 02/20/90 02/20/90 02/20/90 02/20/90 02/26/90 03/06/90 03/06/90 03/08/90 09/26/89 09/26/89 11/09/89 11/07/89 11/07/89 10/20/89 11/07/89 11/15/89 11/15/89 11/15/89 02/21/90 02/21/90 02/21/90 04/04/90 04/05/90 04/05/90 03/22/90 05/02/90 04/26/90 04/26/90 03/22/90 03/22/90 04/26/90 05/17/90 06/27/90 04/04/90 04/26/90 05/02/90 04/04/90 10/18/89 10/18/89 11/16/89 11/16/89 11/16/89 11/02/89 11/16/89 11/16/89 11/16/89 11/16/89 03/08/90 03/08/90 03/08/90 04/26/90 04/26/90 04/26/90 04/05/90 05/10/90 05/10/90 05/10/90 04/05/90 04/05/90 05/10/90 06/14/90 07/26/90 04/26/90 05/10/90 05/10/90 04/26/90 Richard W. Vollmer, Jr. David C. Norton John H. McBryde Charles W. Pickering, Sr. Frederick P. Stamp, Jr. Michael Boudin South. AL SC North. TX South. MS North. WV DC 03/30/90 04/19/90 05/11/90 05/11/90 05/11/90 05/18/90 05/02/90 06/11/90 07/16/90 07/19/90 06/11/90 07/19/90 05/10/90 06/27/90 07/26/90 09/27/90 06/27/90 07/26/90 a 05/18/89 05/18/89 Returned 08/04/89 10/24/89 10/24/89 11/22/89 01/23/90 11/22/89 11/03/89 01/23/90 11/22/89 11/22/89 11/22/89 03/09/90 03/09/90 03/09/90 04/27/90 04/27/90 04/27/90 04/05/90 05/11/90 05/11/90 05/11/90 04/05/90 04/05/90 05/11/90 06/18/90 09/10/90 04/27/90 05/11/90 05/11/90 04/27/90 Returned 08/04/90 05/11/90 06/29/90 08/04/90 09/28/90 06/29/90 08/04/90 New position created by Bankruptcy Amendments and Federal Judgeship Act of 1984 (98 Stat. 333, P.L. 98-353). CRS-14 Nominee District Nominated Hearings Reported Confirmed Carol Bagley Amon Frederico A. Moreno William M. Skretny Fred I. Parker William B. Shubb Gary L. Taylor James Ware Jean C. Hamilton David F. Levi Samuel B. Kent Oliver W. Wanger East. NY South. FL West. NY VT East. CA Cent. CA North. CA East. MO East. CA South. TX East. CA 05/21/90 06/05/90 06/12/90 06/21/90 08/03/90 08/03/90 08/03/90 08/03/90 08/03/90 08/03/90 09/21/90 07/19/90 06/27/90 07/19/90 07/16/90 09/21/90 09/21/90 09/21/90 09/21/90 09/21/90 09/21/90 07/26/90 07/12/90 07/26/90 07/26/90 09/27/90 09/27/90 09/27/90 09/27/90 09/27/90 09/27/90 James R. McGregor West. PA 10/15/90 Dennis W. Shed SC 10/17/90 10/22/90 10/24/90 08/04/90 07/13/90 08/04/90 08/04/90 09/28/90 09/28/90 09/28/90 09/28/90 09/28/90 09/28/90 Returned 10/28/90 Returned 10/28/90 10/27/90 102nd Congress James R. McGregor Oliver W. Wanger Robin J. Cauthron West. PA East. CA West. OK (New position) William H. Albritton, III Mid. AL Marilyn L. Huff South. CA W. Fremming Nielsen East. WA Frederick L. Van Sickle East. WA (New position) Louis J. Freeh South. NY Henry M. Herlong, Jr. SC (New position) Richard T. Haik, Sr. West. LA Sharon L. Blackburn North. AL (New position) Saundra B. Armstrong North CA Timothy K. Lewis West. PA William L. Osteen, Sr. Mid. NC (New position) Bensen E. Legg MD Harvey Bartle, III East. PA Dee V. Benson UT (New position) Fernando J. Gaitan, Jr. West. MO Sterling Johnson, Jr. East. NY Harvey E. Schlesinger Mid. FL Ralph W. Nimmons, Jr. Mid. FL (New position) William H. Yohn, Jr. East. PA Morton A. Brody ME (New position) William G. Bassler NJ 01/08/91 01/08/91 02/07/91 03/13/91 03/13/91 03/21/91 03/21/91 Returned 08/02/91 03/21/91 03/21/91 03/11/91 03/12/91 03/21/91 03/21/91 04/24/91 04/24/91 04/24/91 04/24/91 05/09/91 05/09/91 05/09/91 05/09/91 05/09/91 05/09/91 05/09/91 05/09/91 04/09/91 04/09/91 04/11/91 04/11/91 05/15/91 04/24/91 05/15/91 05/15/91 05/23/91 05/09/91 05/23/91 05/23/91 05/24/91 05/09/91 05/24/91 05/24/91 04/25/91 04/25/91 04/25/91 06/05/91 06/05/91 06/05/91 06/13/91 06/13/91 06/13/91 06/14/91 06/14/91 06/14/91 05/15/91 05/15/91 05/16/91 05/16/91 05/17/91 05/23/91 05/23/91 07/19/91 07/29/91 07/19/91 07/11/91 06/20/91 06/20/91 06/20/91 09/12/91 09/12/91 09/12/91 07/18/91 06/27/91 06/27/91 06/27/91 09/12/91 09/12/91 09/12/91 07/18/91 06/28/91 06/28/91 06/28/91 06/14/91 06/14/91 06/14/91 07/29/91 07/11/91 07/24/91 09/12/91 07/18/91 09/12/91 09/12/91 07/18/91 09/12/91 CRS-15 Nominee District Nominated Hearings Reported Confirmed Donald L. Graham Jorge A. Solis Rebecca F. Doherty South. FL North. TX West. LA (New position) OR (New position) West. LA South. FL East. NY (New position) North. Ohio (New position) North. CA North. FL (New position) Mid. FL North. IL South. IA (New position) KS East. PA (New position) North. TX North. NY 06/17/91 06/19/91 06/27/91 07/19/91 07/24/91 09/26/91 09/12/91 09/12/91 10/31/91 09/12/91 09/12/91 10/31/91 06/27/91 06/27/91 06/27/91 06/27/91 07/29/91 07/24/91 07/29/91 09/26/91 09/12/91 09/12/91 09/12/91 10/31/91 09/12/91 09/12/91 09/12/91 10/31/91 06/27/91 11/05/91 11/15/91 11/15/91 06/27/91 07/24/91 10/02/91 11/05/91 10/31/91 11/15/91 10/31/91 11/15/91 07/24/91 07/24/91 07/24/91 11/14/91 11/05/91 10/02/91 11/21/91 11/15/91 10/31/91 11/21/91 11/15/91 10/31/91 07/24/91 07/24/91 10/02/91 07/31/91 10/31/91 09/12/91 10/31/91 09/12/91 07/24/91 07/25/91 10/02/91 10/31/91 Michael R. Hogan James T. Trimble, Jr. Shelby Highsmith Denis R. Hurley Paul R. Matia Barbara A. Caulfield Lacey A. Collier Anne C. Conway Wayne R. Andersen Ronald E. Longstaff John W. Lungstrum Stewart R. Dalzell Terry R. Means Edmund Arthur Michael Kavanagh Thomas E. Sholts Monti L. Belot Mary Little Parell Sandra S. Beckwith Ronald M. Whyte David C. Bramlette Philip G. Reinhard Jon P. McCalla Garland E. Burrell, Jr. Julie E. Carnes David A. Faber Nancy C. Edmunds Joe B. McDade David W. McKeague Frederick J. Scullin, Jr. South. FL 07/26/91 KS (New position) NJ (New position) South. OH (New position) North. CA (New position) South. MS (New position) North. IL (New position) West. TN (New position) East. CA (New position) North. GA (New position) South. WV (New position) East. MI Cent. IL (New position) West. MI North. NY (New position) 07/26/91 07/26/91 07/26/91 11/14/91 02/19/92 01/30/92 11/21/91 02/27/92 02/06/92 10/31/91 Returned 10/08/92 Returned 10/08/92 11/21/91 02/27/92 02/06/92 07/26/91 01/30/92 02/06/92 02/06/92 07/26/91 11/20/91 11/21/91 11/21/91 08/01/91 01/30/92 02/06/92 02/06/92 08/01/91 01/30/92 02/06/92 02/06/92 08/01/91 02/19/92 02/27/92 02/27/92 08/01/91 01/30/92 02/06/92 02/06/92 08/01/91 11/14/91 11/21/91 11/21/91 09/11/91 09/11/91 01/30/92 11/20/91 02/06/92 11/21/91 02/06/92 11/21/91 09/11/91 09/12/91 01/30/92 01/30/92 02/06/92 02/06/92 02/06/92 02/06/92 CRS-16 Nominee District Nominated Hearings Reported Confirmed Steven D. Merryday Mid. FL (New position) AZ East. LA DE West. TX (New position) South. FL Mid. TN (New position) VI East. VA (New position) East. AR 09/23/91 01/30/92 02/06/92 02/06/92 09/23/91 10/01/91 10/01/91 10/01/91 11/20/91 11/14/91 11/05/91 11/14/91 11/21/91 11/21/91 11/15/91 11/21/91 11/22/91 11/21/91 11/15/91 11/21/91 10/04/91 10/22/91 01/30/92 03/04/92 02/06/92 03/12/92 02/06/92 03/13/92 10/22/91 10/22/91 06/18/92 04/01/92 06/25/92 04/08/92 06/26/92 04/08/92 John M. Roll Edith Brown Clement Sue L. Robinson Sam Sparks K. Michael Moore Robert L. Echols Thomas K. Moore Henry C. Morgan, Jr. Jimm Larry Hendren J. Curtis Joyner Roderick R. McKelvie John R. Padova Jimm Larry Hendren Andrew P. O’Rourke Ira DeMent Joseph E. Irenas East. PA (New position) DE East. PA (New position) West. AR (New position) South. NY 10/24/91 11/05/91 03/17/92 04/08/92 Withdrawn 11/05/91 04/08/92 11/05/91 11/05/91 02/19/92 03/04/92 02/27/92 03/12/92 02/27/92 03/13/92 11/05/91 03/04/92 03/12/92 03/13/92 03/12/92 04/08/92 Returned 10/08/92 03/13/92 04/08/92 Returned 10/08/92 04/08/92 11/12/91 James B. Franklin Mid. AL NJ (New position) North. OK (New position) East. MO (New position) SC North. CA (New position) West. OK East. PA South. TX (New position) East. PA (New position) South. GA Eduardo C. Robreno Ursula Mancusi Ungaro Sonia Sotomayor David G. Trager East. PA South. FL South. NY East. NY 11/26/91 11/26/91 11/27/91 11/27/91 Kenneth R. Carr West. TX (New position) 01/27/92 Tony Michael Graham Donald J. Stohr William B. Traxler, Jr. Carlos Bea Timothy D. Leonard Robert E. Payne Ewing Werlein, Jr. Anita A. Brody 11/14/91 11/14/91 03/04/92 04/01/92 11/14/91 11/14/91 03/17/92 04/08/92 11/14/91 11/20/91 02/19/92 02/27/92 11/20/91 11/20/91 11/20/91 07/01/92 04/29/92 03/17/92 07/30/92 05/07/92 04/08/92 02/27/92 Returned 10/08/92 08/11/92 05/12/92 04/08/92 11/22/91 08/11/92 09/17/92 09/29/92 11/26/91 06/18/92 09/24/92 06/04/92 06/25/92 10/02/92 06/11/92 Returned 10/08/92 06/26/92 10/08/92 08/11/92 Returned 10/08/92 Returned 10/08/92 CRS-17 Nominee District Nominated James W. Jackson North. OH 01/27/92 Terral R. Smith 01/27/92 Paul L. Schechtman West. TX (New position) MN NM (New position) West. KY West. MI (New position) South. NY Percy Anderson Cent. CA 03/20/92 Lawrence O. Davis East. MO (New position) South. TX (New position) North. TX (New position) South. TX (New position) Cent. CA (New position) South. TX (New position) Cent. CA (New position) West. MO 03/20/92 Richard H. Kyle C. LeRoy Hansen John G. Heyburn II Gordon J. Quist Andrew S. Hanen Joe Kendall Russell T. Lloyd Linda H. McLaughlin Lee H. Rosenthal John F. Walter Gene E. Voigts Manuel H. Quintana Loretta A. Preska Charles A. Banks Alfred V. Covello South. NY (New position) South. NY East. AR 03/20/92 03/20/92 04/29/92 08/11/92 05/07/92 09/17/92 03/20/92 03/20/92 08/04/92 06/18/92 08/12/92 06/25/92 08/12/92 06/26/92 05/07/92 Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 05/12/92 03/20/92 03/20/92 03/20/92 03/20/92 07/29/92 08/12/92 Returned 10/08/92 08/12/92 03/20/92 04/29/92 05/07/92 05/12/92 03/20/92 03/31/92 04/01/92 06/04/92 06/11/92 04/01/92 08/04/92 08/12/92 Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 08/11/92 Returned 10/08/92 08/12/92 04/01/92 04/01/92 07/29/92 06/04/92 08/12/92 06/11/92 08/12/92 08/11/92 04/01/92 05/14/92 05/21/92 05/21/92 04/02/92 07/01/92 07/30/92 08/11/92 05/21/92 Returned 10/08/92 Returned 10/08/92 05/21/92 03/24/92 03/26/92 Maureen E. Mahoney East. VA 04/02/92 Richard G. Kopf NE 04/07/92 Lourdes G. Baird 04/29/92 03/20/92 Robert D. Hunter Jerome B. Simandle Reported Confirmed Returned 10/08/92 Returned 10/08/92 05/12/92 09/25/92 CT (New position) East. MO North. WV (New position) NJ (New position) Cent. CA (New position) North. AL Carol E. Jackson Irene M. Keeley Hearings 04/02/92 05/14/92 CRS-18 Nominee District Nominated James S. Mitchell 04/07/92 Ronald B. Leighton NE (New position) South. CA NH (New position) North. IA East. WI MA (New position) West. WA William D. Quarles MD 06/02/92 James A. McIntyre 06/02/92 J. Douglas Drushal South. CA (New position) East. TX (New position) North. OH 06/03/92 C. Christopher Hagy North. GA 06/03/92 Louis J. Leonatti East. MO 06/03/92 Raymond L. Finch VI 06/19/92 James J. McMonagle North. OH 06/23/92 Katharine J. Armentrout MD 06/23/92 John Phil Gilbert Larry R. Hicks South. IL NV 07/02/92 07/02/92 08/11/92 09/17/92 John W. Sedwick Richard Conway Casey AK South. NY 07/02/92 07/02/92 09/24/92 10/02/92 John S. Unpingco R. Edgar Campbell 07/23/92 07/27/92 09/24/92 10/02/92 Kathryn H. Vratil Robert W. Kostelka GU Mid. GA (New position) East. NY (New position) KS West. LA 07/28/92 08/07/92 09/24/92 10/02/92 Paul J. Barbadoro Richard E. Dorr NH West. MO 09/09/92 09/09/92 09/24/92 10/02/92 Steven J. McAuliffe James H. Payne NH North., East. & West. OK 09/09/92 09/17/92 09/24/92 10/02/92 Irma E. Gonzalez Joseph A. DiClerico, Jr. Michael J. Melloy Rudolph T. Randa Nathaniel M. Gorton Leonard E. Davis Joanna Seybert Hearings Reported Confirmed 04/09/92 04/09/92 07/01/92 07/29/92 07/30/92 08/12/92 Returned 10/08/92 08/11/92 08/12/92 04/09/92 04/09/92 04/28/92 08/04/92 07/01/92 08/11/92 08/12/92 07/30/92 09/17/92 08/12/92 08/11/92 09/23/92 04/30/92 06/03/92 07/27/92 Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 09/23/92 Returned 10/08/92 10/08/92 Returned 10/08/92 10/08/92 Returned 10/08/92 Returned 10/08/92 10/08/92 Returned 10/08/92 10/08/92 Returned 10/08/92 10/08/92 Returned 10/08/92 CRS-19 Nominee District Nominated Walter B. Prince MA 09/17/92 George A. O’Toole, Jr. MA 09/24/92 William P. Dimitrouleas South. FL 10/02/92 Henry W. Saad East. MI 10/02/92 Hearings Reported Confirmed Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 Returned 10/08/92 CRS-20 Nominations to the U.S. Court of International Trade The U.S. Court of International Trade has original and exclusive jurisdiction over civil actions against the United States, its agencies and officers, and certain civil actions brought by the United States arising out of import transactions and Federal statutes affecting international trade. The court is composed of nine judges, no more than five of whom may belong to any one political party. During his Presidency, Mr. Bush nominated only one person to the Court of International Trade—in January 1991, at the start of the 102nd Congress. That nominee received Senate confirmation and presently sits on the court. In the Spring of 1991 retirements from the court created two more vacancies, but during the rest of his term in office President Bush failed to send the Senate nominations to fill those judgeships. Upon being transmitted by the President to the Senate, nominations to this court have been referred to the Committee on the Judiciary. Table 4. Presidential Nominations to the U.S. Court of International Trade During the 101st and 102nd Congresses, 1989-92 Nominee Residence Nominated Hearings Reported Confirmed 101st Congress (There were no nominations to this court during the 101st Congress.) 102nd Congress Richard W. Goldberg ND 01/10/91 03/13/91 03/21/91 03/21/91 CRS-21 Nominations to the U.S. Court of Federal Claims The U.S. Court of Federal Claims has jurisdiction to render money judgments upon any claim against the United States founded either upon the Constitution or any act of Congress. It also renders money judgments founded upon any regulation of an executive department or any express or implied contract with the United States. The court is composed of 16 judges appointed to 15-year terms. Throughout almost all of President Bush’s four years in office, the court was called the U.S. Claims Court. The change to court’s present name was put in effect in October 1992 when Congress passed, and President Bush signed, the Federal Courts Administration Act of 1992.17 During George Bush’s Presidency, two nominations were made to the Claims Court, in both cases during the 101st Congress. The two nominees were confirmed by the Senate and currently sit on the court. Upon being transmitted by the President to the Senate, nominations to this court have been referred to the Committee on the Judiciary. Table 5. Presidential Nominations to the U.S. Claims Court During the 101st and 102nd Congresses, 1989-92 Nominee Residence Nominated Hearings Reported Confirmed 101st Congress Robert H. Hodges, Jr. Diane Gilbert Weinstein SC DC 01/24/90 07/31/90 02/27/90 10/05/90 03/08/90 10/11/90 102nd Congress (There were no nominations to this court during the 102nd Congress.) 17 106 Stat. 4506 (1992). 03/09/90 10/12/90 CRS-22 Nominations to the U.S. Tax Court The Tax Court tries controversies involving the existence of deficiencies or overpayments in income, estate, and gift taxes, and personal holding company surtaxes where deficiencies have been determined by the Commissioner of Internal Revenue. The court is composed of 19 judges who are appointed by the President for 15-year terms, by and with the Senate’s consent. A chief judge is elected biennially by the court’s members. During his Presidency, Mr. Bush made four nominations to the the U.S. Tax Court—one during the 101st Congress and three during the 102nd Congress. All four nominees received Senate confirmation and are currently sitting on the court. Upon being transmitted by the President to the Senate, nominations to this court have been referred to the Committee on Finance. Table 6. Presidential Nominations to the U.S. Tax Court During the 101st and 102nd Congresses, 1989-92 Nominee Residence Nominated Hearings Reported Confirmed 101st Congress James S. Halpern DC 04/24/90 06/05/90 06/05/90 06/06/90 03/21/91 08/04/92 08/04/92 03/21/91 08/04/92 08/04/92 03/21/91 08/12/92 08/12/92 102nd Congress Renato Beghe Carolyn P. Chiechi David Laro NY MD MI 01/25/91 07/28/92 07/28/92 CRS-23 Nominations to the U.S. Court of Veterans Appeals The Court of Veterans Appeals has exclusive jurisdiction to review decisions of the Board of Veterans Appeals. Decisions of the court may be appealed to the United States Court of Appeals for the Federal Circuit. This court consists of a chief judge and at least two, but not more than six, associate judges who are appointed for 15-year terms. It was created in November 1988,18 just two months before President Bush assumed office. During the 101st Congress, President Bush nominated seven persons to the court. All seven nominees received Senate confirmation and are currently sitting on the court. As a result, the Court of Veterans Appeals was during the Bush Presidency, and continues to be, the only Federal court filled entirely by appointees of President Bush. Upon being transmitted by the President to the Senate, nominations to this court have been referred to the Committee on Veterans’ Affairs. There were no nominations made to the Court of Veterans Appeals during the 102nd Congress. Table 7. Presidential Nominations to the U.S. Court of Veterans Appeals During the 101st and 102nd Congresses, 1989-92 Nominee Residence Nominated Hearings Reported Confirmed 05/15/89 09/13/89 09/13/89 02/08/90 02/08/90 06/15/90 06/15/90 05/16/89 09/13/89 09/13/89 06/19/90 06/19/90 06/19/90 06/19/90 101st Congress Frank Quill Nebeker Kenneth B. Kramer John J. Farley, III Hart T. Mankin Ronald M. Holdaway Donald L. Ivers Jonathan R. Steinberg VA CO MD DE WY NM MD 04/04/89a 05/09/89 09/06/89 09/29/89 01/23/90 01/31/90 05/15/90 05/17/89 09/14/89 09/14/90 08/04/90 08/04/90 08/04/90 08/04/90 102nd Congress (There were no nominations to this court during the 102nd Congress.) a To be Chief Judge of the Court. 18 The court was statutorily established on November 18, 1988, upon President Ronald Reagan’s signing of S. 11, the Veterans’ Administration Adjudication Procedure and Judicial Review Act (102 Stat. 4105, 38 U.S.C. 4051). The Act, at 102 Stat. 4114, provides that “Not more than the number equal to the next whole number greater than one-half of the number of judges of the court may be members of the same political party.” Hence, on a seven or six-member court, no more than four judges may be of the same political party; on a five or four-member court, no more than three judges may be of the same political party; etc. CRS-24 Nominations to the Superior Court of the District of Columbia The Superior Court of the District of Columbia is the trial court of local civil and criminal jurisdiction in the District of Columbia. The court consists of a chief judge and 58 associate judges. The President selects nominees to the court from a list compiled by the District of Columbia Judicial Nomination Commission. Each judge is appointed to a term of 15 years, subject to mandatory retirement at age 74. (The chief judge is designated by the Judicial Nomination Commission.) During his four years in office, President Bush transmitted to the Senate 21 Superior Court nominations, all but one of which were confirmed. (Twelve were confirmed during the 101st Congress and eight during the 102nd Congress.) The 21st nomination was sent to the Senate only three days before the end of the Second Session of the 102nd Congress; having received no committee or Senate action before the Senate’s sine die adjournment on October 8, 1992, the nomination, pursuant to Rule XXXI, was returned to the President. Eight of the 20 confirmed nominations were made to fill new judgeships created by the enactment on December 13, 1989 of a law which expanded the membership of the Superior Court of the District from 50 associate judges to 58 associate judges.19 All 20 Bush nominees who were confirmed currently sit on the court. Beside those nominated by the President, five other Superior Court associated judges, whose terms had expired during Mr. Bush’s Presidency, were reappointed by the District of Columbia Commission on Judicial Disabilities and Tenure.20 Upon being transmitted by the President to the Senate, nominations to this court have been referred to the Committee on Governmental Affairs. 19 103 Stat. 1967 (authorizing the expansion of the membership of the Superior Court of the District of Columbia from 50 associate to 58 associate judges), D.C. Code Ann. Sec. 11-903 (Supp. 1991). 20 Those reappointments occurred pursuant to a Federal statute, which provides that a judge on the Superior Court of the District of Columbia or on the District of Columbia Court of Appeals who, not less than three months prior to the expiration of his term of office, files a “declaration of candidacy for reappointment,” will automatically be reappointed for another term if the Commission determines that the judge is either “exceptionally well qualified or well qualified” for reappointment. 87 Stat. 796 (1973), 11 App. D.C. Code Section 433 (Supp. 1988). Pursuant to this statute, Associate Judge Bruce S. Mencher was reappointed to the Superior Court in 1990, and Associate Judges Gladys Kessler, Robert A. Shuker, Paul R. Webber, III, and Frederick H. Weisberg were reappointed in 1992. CRS-25 Table 8. Presidential Nominations to the Superior Court of the District of Columbia During the 101st and 102nd Congresses, 1989-92 Nominee Nominated Hearings Reported Confirmed 09/29/89 04/19/90 11/16/89 07/20/90 11/17/89 08/02/90 11/19/89 08/04/90 04/19/90 07/20/90 08/02/90 08/04/90 04/19/90 07/20/90 08/02/90 08/04/80 04/19/90 07/20/90 08/02/90 08/04/90 04/19/90 07/20/90 08/02/90 08/04/90 04/19/90 07/20/90 08/02/90 08/04/90 04/19/90 07/20/90 08/02/90 08/04/90 04/19/90 07/20/90 08/02/90 08/04/90 06/12/90 06/12/90 07/12/90 07/20/90 07/20/90 07/20/90 08/02/90 08/02/90 08/02/90 08/04/90 08/04/90 08/04/90 06/04/91 11/19/91 05/14/92 05/14/92 05/14/92 05/14/92 09/30/92 09/30/92 06/27/91 11/22/91 06/25/92 06/25/92 06/25/92 06/25/92 10/02/92 10/02/92 06/28/91 11/22/91 06/26/92 06/26/92 06/26/92 06/26/92 10/08/92 10/08/92 Returned 10/08/92 101st Congress Zinora M. Mitchell Mary Ellen Abrecht (New position) Kaye K. Christian (New position) Frederick D. Dorsey (New position) Ellen Segal Huvelle (New position) Jose M. Lopez (New position) Joan Zeldon McAvoy (New position) Gregory E. Mize (New position) Patricia A. Wynn (New position) John Henry Bayly, Jr. Linda Turner Hamilton Stephen G. Milliken 102nd Congress Wendell P. Gardner, Jr. Reggie Barnett Walton Stephanie Duncan-Peters Ann O’Regan Keary Judith E. Retchin William M. Jackson Brook Hedge Lee F. Satterfield Geraldine R. Gennet 01/04/91 09/20/91 01/22/92 01/22/92 01/22/92 01/22/92 06/19/92 06/19/92 10/05/92 CRS-26 Nominations to the District of Columbia Court of Appeals The District of Columbia Court of Appeals reviews cases filed on appeal of decisions of the Superior Court of the District of Columbia. It consists of a chief judge and eight associate judges. The President selects nominees to the court from a list compiled by the District of Columbia Judicial Nomination Commission. Each judge is appointed to a term of 15 years, subject to mandatory retirement at age 74. During his Presidency, George Bush submitted four Court of Appeals nominations to the Senate—two during the 101st Congress and two during the 102nd Congress. All four of these nominees received Senate confirmation, and all four presently sit on the court. Upon being transmitted by the President to the Senate, nominations to this court have been referred to the Committee on Governmental Affairs. Table 9. Presidential Nominations to the District of Columbia Court of Appeals During the 101st and 102nd Congresses, 1989-92 Nominee Nominated Hearings Reported Confirmed 04/21/89 05/22/90 06/06/89 05/23/90 06/07/89 05/25/90 06/04/91 11/19/91 06/27/91 11/22/91 06/28/91 11/22/91 101st Congress Michael W. Farrell Annice M. Wagner 01/03/89 01/23/90 102nd Congress Warren Roger King Emmet Gael Sullivan 05/20/91 09/20/91 CRS-27 Nominations to the U.S. Court of Military Appeals Subject only to certiorari review by the Supreme Court of the United States, the U.S. Court of Military Appeals serves as the final appellate tribunal to review court martial convictions of all the armed services. It is exclusively an appellate criminal court, consisting of five civilian judges,21 appointed to 15-year terms.22 No more than three of the judges of the court may be affiliated with the same political party. President Bush submitted to the Senate three nominations to the Court of Military Appeals, all during the 102nd Congress, and the Senate confirmed these nominations. Upon being transmitted to the Senate, nominations to this court have been referred to the Committee on Armed Services. Table 10. Presidential Nominations to the U.S. Court of Military Appeals During the 101st and 102nd Congresses, 1989-1992 Nominee Residence Nominated Hearings Reported Confirmed Susan J. Crawford Robert E. Wiss (New position) Herman F. Gierke (New position) MD IL 02/19/91 10/02/91 11/12/91 11/12/91 11/13/91 11/13/91 11/14/91 11/14/91 ND 10/02/91 11/12/91 11/13/91 11/14/91 DSR/ljb 21 On November 29, 1989, the membership of the Court of Military Appeals was increased from three to five judges with enactment of P.L. 101-189, the National Defense Authorization Act for Fiscal Years 1990 and 1991. See Title XIII of the Act (103 Stat. 1570, codified as 10 U.S.C. 942). 22 However, P.L. 101-189, cited in the immediately preceding footnote, provides (see 103 Stat. 1575) that of the judges first appointed to the two new positions created as of October 1, 1990, one would be appointed to a seven-year term and the other to a 13-year term. Subsequent appointees to either of these positions would be confirmed to 15-year terms.