Judicial Nominations by President Clinton During the 103rd-106th Congresses

Order Code 98-510 GOV Judicial Nominations by President Clinton During the 103rd-106th Congresses Updated September 20, 2006 Denis Steven Rutkus Specialist in American National Government Government and Finance Division Judicial Nominations by President Clinton During the 103rd-106th Congresses Summary Under the Constitution of the United States, the President nominates and, subject to confirmation by the Senate, appoints justices to the Supreme Court and judges to nine other court systems. Altogether, during the 103rd–106th Congresses, President Bill Clinton transmitted to the Senate: ! ! ! ! ! ! ! ! ! ! two Supreme Court nominations, both of which were confirmed during the 103rd Congress; 106 nominations to the U.S. Circuit Courts of Appeals, of which 65 were confirmed; 382 nominations to the U.S. District Courts (including the territorial district courts), of which 307 were confirmed; six nominations to the U.S. Court of International Trade, five of which were confirmed; the names of seven nominees to the U.S. Court of Federal Claims, all of whom received Senate confirmation; the names of nine nominees to the U.S. Tax Court, all of whom were confirmed; one nomination to the U.S. Court of Appeals for Veterans Claims, which was confirmed during the 105th Congress; the names of 24 nominees to the Superior Court of the District of Columbia, 22 of whom were confirmed; five nominations to the District of Columbia Court of Appeals, four of which were confirmed; and two nominations to the U.S. Court of Appeals for the Armed Forces, both of which were confirmed. Most nominations that failed to be confirmed were returned to the President after the Senate adjourned or recessed for more than 30 days. Most, though not all, of the persons whose nominations were returned at the end of the 103rd, 104th, and 105th Congresses were later renominated and ultimately confirmed. One Clinton judicial nomination was rejected by Senate vote. President Clinton also withdrew 11 judicial nominations (three to U.S. circuit court judgeships, eight to U.S. district judgeships), which either encountered difficulties at the committee stage or faced the likelihood of substantial opposition on the Senate floor. During the Clinton presidency, there were 59 roll call votes involving judicial nominations. Also, at the start of the 107th Congress, with less than three weeks remaining in his presidency, President Clinton submitted ten judicial nominations—nine to the Circuit Courts of Appeals and one to the Court of Federal Claims. Shortly after President Clinton left office, his successor, George W. Bush, withdrew all ten nominations but then renominated one of the nine circuit court nominees, who subsequently, in July 2001, received Senate confirmation. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Nominations to the Supreme Court of the United States . . . . . . . . . . . . . . . . . . . . 4 Nominations to the U.S. Courts of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Nominations to the U.S. District Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Nominations to the U.S. Court of International Trade . . . . . . . . . . . . . . . . . . . . . 31 Nominations to the U.S. Court of Federal Claims . . . . . . . . . . . . . . . . . . . . . . . 32 Nominations to the U.S. Tax Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Nominations to the U.S. Court of Appeals for Veterans Claims . . . . . . . . . . . . . 36 Nominations to the Superior Court of the District of Columbia . . . . . . . . . . . . . 37 Nominations to the District of Columbia Court of Appeals . . . . . . . . . . . . . . . . 39 Nominations to the U.S. Court of Appeals for the Armed Forces . . . . . . . . . . . . 40 List of Tables Table 1. Presidential Nominations to the Supreme Court of the United States During the 103rd-106th Congresses . . . . . . . . . . . . . . . . . . . . . . 5 Table 2. Presidential Nominations to the U.S. Courts of Appeals During the 103rd-107th Congresses, 1993-January 20, 2001 . . . . . . . . . . . . . 8 Table 3. Presidential Nominations to the U.S. District Courts During the 103rd-106th Congresses, 1993-2000 . . . . . . . . . . . . . . . . . . . . . . 16 Table 4. Presidential Nominations to the U.S. Court of International Trade During the 103rd-106th Congresses, 1993-2000 . . . . . . . . . . . . . . . . . . . . . . 31 Table 5. Presidential Nominations to the U.S. Court of Federal Claims During the 103rd-107th Congresses, 1993-January 20, 2001 . . . . . . . . . . . . 33 Table 6. Presidential Nominations to the U.S. Tax Court During the 103rd-106th Congresses, 1993-2000 . . . . . . . . . . . . . . . . . . . . . . 35 Table 7. Presidential Nominations to the U.S. Court of Appeals for Veterans Claims During the 103rd-106th Congresses, 1993-2000 . . . . . . 36 Table 8. Presidential Nominations to the Superior Court of the District of Columbia During the 103rd-106th Congresses, 1993-2000 . . . . . . . . . . . . . . 38 Table 9. Presidential Nominations to the District of Columbia Court of Appeals During the 103rd-106th Congresses, 1993-2000 . . . . . . . . . . . . . . . 39 Table 10. Presidential Nominations to the U.S. Court of Appeals for the Armed Forces During the 103rd-106th Congresses, 1993-2000 . . . . . . . . . . 40 Judicial Nominations by President Clinton During the 103rd-106th Congresses Introduction Under the Constitution of the United States,1 the President nominates and, subject to confirmation by the Senate, appoints justices to the Supreme Court and judges to nine other court systems. Specifically, the Chief Executive makes judicial appointments to the: ! ! ! ! ! ! ! ! ! ! Supreme Court of the United States; United States Courts of Appeal; 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 Appeals for Veterans Claims; Superior Court of the District of Columbia; District of Columbia Court of Appeals; and United States Court of Appeals for the Armed Forces.2 Judicial terms of office vary, depending upon the court. 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 of International Trade, and the U.S. District Courts in the 50 states, the District of Columbia, and the Commonwealth of Puerto Rico. 1 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....” 2 The President, it should be noted, does not nominate federal bankruptcy judges (who are appointed by the United States Courts of Appeals), administrative law judges (appointed by federal agencies), U.S. magistrates (appointed by the United States District Courts), or trial and intermediate court judges in the Armed Forces (appointed by the Judge Advocate General in each service); nor are these judges subject to Senate confirmation. CRS-2 Appointment to other courts in the above list entail fixed terms of various lengths. These are the so-called “legislative courts,” which are created by Congress under divers constitutional authority not requiring lifetime (“good Behavior”) tenure.3 During his presidency, William Jefferson Clinton nominated persons to judgeships on all of the above-listed courts. In the following pages, 10 separate sections provide background and statistics concerning President Clinton’s judicial nominations to each of the court categories listed above.4 Each section begins by briefly discussing the composition and jurisdiction of the court or court system in question. Various statistics are provided, including: the number of nominations to the court which were received, confirmed, or not confirmed by the Senate during the Clinton presidency; a breakdown of these numbers for the 103rd, 104th, 105th and 106th Congresses; and the number of Clinton appointees who were serving on the court at the end of his presidency. Also noted is the committee to which nominations to the 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: (1) The President withdraws the nomination (doing 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 3 Citing the power to do so in Article I of the Constitution, Congress, in separate statutes, has created four courts of specialized subject matter jurisdiction—the U.S. Court of Federal Claims, the U.S. Tax Court, the U.S. Court of Appeals for Veterans Claims, and the U.S. Court of Appeals for the Armed Forces—and has authorized 15-year judicial tenure in these courts. With similar explicit reference to its powers under Article I, Congress has created two courts of local jurisdiction for the District of Columbia, with judges to these courts appointed to 15-year terms as well. The territorial courts in the U.S. Virgin Islands and in Guam have been created pursuant to Congress’ power under the Constitution 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); also, Congress has established a territorial district court in the Northern Mariana Islands, which presently is administered by the United States under a trusteeship agreement with the United Nations. For judicial appointees to the territorial courts, Congress has authorized 10-year terms. 4 The focus of this report is appointments through the process of presidential nomination and Senate confirmation. Historically, on rare occasions, appointments to these courts also have been 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 presidency, Clinton made three judicial “recess appointments”—one to the U.S. Court of Appeals for the Fourth Circuit, in December 2000, and the two others to the U.S. Court of Federal Claims. The last prior President to make a judicial “recess appointment” was Ronald Reagan, who did so once during his tenure in office. See: U.S. Library of Congress, Congressional Research Service, President Reagan’s Judicial Nominations During the 100th Congress, by Denis Steven Rutkus, CRS Report 89-50 GOV (Washington: Dec. 22, 1988), p. 3. CRS-3 its intention not to act on the nomination, or 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); (2) The full Senate votes against confirmation; or (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.5 During his tenure, President Clinton withdrew 11 judicial nominations.6 One Clinton judicial nomination was rejected by Senate vote.7 All other judicial nominations failing to be confirmed were returned upon a Senate adjournment or recess of more than 30 days. In a number of instances, when the Senate returned a judicial nomination pursuant to Rule XXXI, President Clinton renominated the individual involved, after which the Senate usually, though not always, confirmed the individual. Each court section of this report 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.8 At the end of each section is a table which lists President Clinton’s nominations to the court during the 103rd, 104th, 105th and 106th Congresses, respectively, as well as nine Court of Appeals nominations and one Court of Federal Claims nomination submitted at the beginning of the 107th Congress, in the final days of the Clinton presidency. Separate columns indicate, for each nomination, the dates of nomination, 5 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.” 6 President Clinton withdrew one U.S. Court of Appeals nomination and three U.S. District Court nominations during the 104th Congress. During the 105th Congress, he withdrew one U.S. Court of Appeals nomination and four U.S. District Court nominations. During the 106th Congress, he withdrew one U.S. Court of Appeals nomination and one U.S. District Court nomination. See Tables 2 and 3 in the following pages. 7 On October 5, 1999, the Senate, by 45 yeas to 54 nays, failed to confirm the nomination of Ronnie L. White to be a District Judge for the Eastern District of Missouri. 8 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 involved were later renominated and confirmed. The latter number accounts only for individuals who failed ever to be confirmed 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-4 committee hearing, committee action, and confirmation or other final Senate action. Nominations are listed in chronological order according to the 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 or that a specifically identified procedural matter involving the nomination was decided by a roll call vote.9 This column also indicates the final disposition of nominations failing to receive Senate confirmation. An entry of “Returned, 11/14/94,” 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. 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 were nominated by President Clinton, both during the 103rd Congress. Ruth Bader Ginsburg became a member of the Court in 1993 and Stephen G. Breyer in 1994. On June 22, 1993, President Clinton nominated Judge Ginsburg, then a judge on the U.S. Circuit Court of Appeals for the District of Columbia, to fill a Supreme Court vacancy created by the retirement of Associate Justice Byron R. White. As a Supreme Court nominee, Judge Ginsburg testified before the Senate Judiciary Committee on July 20, 21, and 22, 1993, followed by one more day of hearings, on July 23, for witnesses testifying in support of or against the nomination.10 The Judiciary Committee, on July 29, voted unanimously to report the Ginsburg nomination favorably to the full Senate. The Senate proceeded to consideration of the Ginsburg nomination on August 2, and confirmed the nominee on August 3 by a roll call vote of 96-3. 9 During the Clinton presidency, there were 59 such roll call votes, two involving nominations to the Supreme Court of the United States, 23 involving U.S. Court of Appeal nominations, and 34 involving U.S. District Court nominations. Of the 59 roll call votes, 25 were cast during the 105th Congress and 28 during the 106th Congress. See Tables 1, 2, and 3 on the following pages. 10 Also, on July 23, 1993, the nominee appeared in a routine closed-door session conducted by the committee to consider any questions arising out of its confidential investigation into the nominee’s background. CRS-5 The second occasion for President Clinton to make a Supreme Court appointment arose on April 6, 1994, when Associate Justice Harry A. Blackmun announced his retirement effective at the close of the Court’s term then in progress. To fill the prospective Court vacancy, President Clinton, on May 17, nominated Judge Stephen G. Breyer of the U.S. Circuit Court of Appeals for the First Circuit. The nominee testified before the Senate Judiciary Committee on July 12, 13, and 14, followed by one more day of hearings, on July 15, for witnesses testifying in support of or against the nomination.11 The Judiciary Committee, on July 19, voted unanimously to report the Breyer nomination favorably to the full Senate. The Senate proceeded to consider the nomination on July 29, and the same day confirmed the nominee by a roll call vote of 87-9. Subsequent to Justice Breyer’s confirmation in 1994, no vacancies occurred on the Court during the remainder of the Clinton presidency. Table 1. Presidential Nominations to the Supreme Court of the United States During the 103rd-106th Congresses Nominee To Replace Nominated Hearings Reported Confirmed 103rd Congress Ruth Bader Ginsburg of New York Byron R. White 06/22/93 07/20-23/93 07/29/93 08/03/93 96-3 vote Stephen G. Breyer of Massachusetts Harry A. Blackmun 05/17/94 07/12-15/94 07/19/94 07/29/94 87-9 vote (There were no nominations to this court during the 104th,, 105th or 106th Congress.) 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 is also 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 11 On July 14, 1994, the nominee also appeared in a routine closed-door session conducted by the committee to consider any questions arising out of its confidential investigation into the nominee’s background. 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; decisions of the U.S. Court of Federal Claims 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 (continued...) CRS-6 Altogether, 179 permanent circuit judgeships are authorized by law. During the 103rd through the 106th Congresses, 65 of President Clinton’s 106 nominations to the circuit courts received Senate confirmation, and all but two of the 65 appointees were serving as active circuit judges when President Clinton left office on January 20, 2001.13 At the beginning of the 107th Congress, with less than three weeks left in his presidency, Mr. Clinton re-submitted nine circuit court nominations which had been submitted, but not confirmed, in the previous 106th Congress. On March 19, 2001, President George W. Bush, Mr. Clinton’s successor, withdrew the nine nominations but then, on May 9, 2001, renominated one of the Clinton nominees, Roger L. Gregory of Virginia. Mr. Gregory’s re-submitted nomination to a Fourth Circuit judgeship was confirmed by the Senate on July 20, 2001.14 Upon being transmitted by the President to the Senate, circuit court nominations are referred to the Committee on the Judiciary. During the 103rd Congress, 19 of President Clinton’s 22 nominees to the Courts of Appeals received Senate confirmation. Three other nominations failed to be confirmed and were returned to the President at the sine die adjournment of the second session of Congress, pursuant to Rule XXXI of the Standing Rules of the Senate. Subsequently, during the 104th Congress, the names of these three nominees were resubmitted by President Clinton and received Senate confirmation.15 During the 104th Congress, the Senate received 20 Courts of Appeals nominations from the President. Eleven of these nominations were confirmed, one was withdrawn by the President (at the nominee’s request),16 and eight were returned to the President at the sine die adjournment of Congress, pursuant to Senate Rule 12 (...continued) appeals, and the Merit System Protection Board. 13 One Clinton appointee nominated and confirmed in 1994, Judge H. Lee Sarokin of the U.S. Court of Appeals for the Third Circuit, retired in 1996. See Neil MacFarquhar, “Federal Judge to Resign, Citing Political Attacks on Judiciary,” New York Times, June 5, 1996, pp. B1, B4. Another Clinton appointee, John D. Kelly of North Dakota, received Senate confirmation to the U.S. Court of Appeals for the Eighth Circuit on July 31, 1998 but died on October 21, 1998, shortly after taking office. 14 Earlier, on December 27, 2000 (between the final adjournment of the 106th Congress and the convening of the 107th Congress), Mr. Gregory had received a recess appointment from President Clinton to the Fourth Circuit judgeship—the only one recess appointed among the nine individuals renominated to circuit judgeships at the beginning of the 107th Congress. 15 While two of the three nominations were confirmed routinely during the 104th Congress, the third was confirmed only after narrowly surviving a Senate floor vote on a motion to recommit to the Judiciary Committee. See January 31, 1995 nomination of James L. Dennis of Louisiana, in Table 2. 16 See in Table 2 the October 27, 1995 nomination of Charles R. Stack of Florida. For background on circumstances surrounding the withdrawal of this nomination, see Joan Biskupic, “Appeals Court Nominee Says No Thanks,” Washington Post, May 10, 1996, p. A17. CRS-7 XXXI. Of the eight returned nominations, four had been reported favorably by the Senate Judiciary Committee, but failed to be considered by the full Senate; one had received a committee hearing, but was not reported, and three had failed to receive committee hearings. Subsequently, during the 105th Congress, the names of six of these eight nominees were resubmitted by President Clinton, with four of the six then receiving Senate confirmation. During the 105th Congress, President Clinton submitted 30 appeals court nominations to the Senate (including the six re-submissions noted above). Of the 30 nominations, 20 were confirmed, one was withdrawn by the President,17 and nine were returned to the President at the end of the 105th Congress, pursuant to Senate Rule XXXI.. Of the nine returned nominations, two had been reported favorably by the Judiciary Committee but failed to be considered by the full Senate, one had received a committee hearing but was not reported, and six had failed to receive committee hearings. Two of the returned nominations were re-submissions from the 104th Congress. Subsequently, during the 106th Congress, the names of six of the returned nominees were resubmitted by President Clinton, with four of the six then receiving Senate confirmation. During the 106th Congress, President Clinton submitted 34 appeals court nominations to the Senate (including the six re-submissions noted above). Of the 34 nominations, 15 were confirmed, one was withdrawn by the President, and 18 were returned to the President (17 at the sine die adjournment of Congress). Sixteen of the returned nominations failed to receive committee hearings. During the entire Clinton presidency, there were 23 Senate roll call votes on appeals court nominations (three during the 103rd Congress, one during the 104th Congress, seven during the 105th Congress, and 12 during the 106th Congress ).18 As of February 5, 2001, two weeks after President Clinton left office, there were 29 vacant U.S. circuit judgeships. Most of the nominations listed below were made to fill judicial vacancies created by the death, retirement, or resignation of the previous officeholder. Some of the nominations, however, were to judgeships which had been vacant since their 17 See in Table 2 the June 27, 1997 nomination of James S. Ware of California. For background on circumstances surrounding the withdrawal of this nomination, see Victoria Slind-Flor, “Ware’s Replacement? Hunting for a Sub,” National Law Journal, vol. 20, Nov. 24, 1997, p. A4. 18 The closest roll call votes were on the following nominations: a 61-37 vote on April 14, 1994, confirming Rosemary Barkett of Florida; a 63-35 vote on October 4, 1994, confirming H. Lee Sarokin of New Jersey; a 46-54 vote on September 28, 1995, defeating a motion to recommit the nomination of James L. Dennis of Louisiana; a 68-28 vote on October 2, 1998, confirming Sonia Sotomayor of New York; a 57-41 vote on October 8, 1998, confirming William A. Fletcher of California; votes on September 21, 1999 of 45-54 and 45-53 respectively on motions to proceed to the nominations of Marsha L. Berzon and Richard A. Paez, both of California; and votes on March 9, 2000 of 64-34 and 59-39 confirming Berzon and Paez respectively and of 31-67 on a motion to postpone indefinitely the Paez nomination. CRS-8 creation by the Judicial Improvements Act of 1990 (104 Stat. 5089, 28 U.S.C. 44); each of these judgeships is identified below by the phrase “new position.” Table 2. Presidential Nominations to the U.S. Courts of Appeals During the 103rd-107th Congresses, 1993-January 20, 2001 Nominee Circuit Nominated Hearings Reported Confirmed rd 103 Congress Pierre N. Leval of New York Second 08/06/93 10/07/93 10/14/93 10/18/93 M. Blane Michael of West Virginia Fourth 08/06/93 09/23/93 09/30/93 09/30/93 Martha Craig Daughtrey of Tennessee Sixth (New position) 08/06/93 10/20/93 11/18/93 11/20/93 Rosemary Barkett of Florida Eleventh 09/24/93 02/03/94 03/17/94 04/14/94 61-37 vote Judith W. Rogers of the District of Columbia D.C. 11/17/93 01/27/94 03/09/94 03/10/94 Fortunato P. Benavides of Texas Fifth 01/27/94 03/25/94 05/05/94 05/06/94 Robert M. Parker of Texas Fifth 01/27/94 05/25/94 06/14/94 06/15/94 Carl E. Stewart of Louisiana Fifth (New position) 01/27/94 04/21/94 05/05/94 05/06/94 Diana Gribbon Motz of Maryland Fourth (New position) 01/27/94 05/25/94 06/14/94 06/15/94 Guido Calabresi of Connecticut Second 02/09/94 06/29/94 07/14/94 07/18/94 Robert Harlan Henry of Oklahoma Tenth 02/09/94 04/29/94 05/05/94 05/06/94 Theodore Alexander McKee of Pennsylvania Third 03/22/94 05/12/94 05/25/94 06/08/94 H. Lee Sarokin of New Jersey Third (New position) 05/05/94 08/03/94 08/11/94 10/04/94 83-12 vote for cloture; 63-35 vote to confirm Jose A. Cabranes of Connecticut Second 05/24/94 07/21/94 08/04/94 08/09/94 James L. Dennis of Louisiana Fifth 06/08/94 09/14/94 David S. Tatel of Maryland D.C. 06/20/94 09/21/94 09/28/94 10/07/94 William C. Bryson of Maryland Federal 06/22/94 08/17/94 09/22/94 09/28/94 Michael D. Hawkins of Arizona Ninth 07/13/94 08/11/94 08/25/94 09/14/94 Diana E. Murphy of Minnesota Eighth 07/28/94 10/04/94 10/05/94 10/07/94 — Returned 11/14/94 CRS-9 Nominee Circuit Nominated Hearings Reported Fred L. Parker of Vermont Second 08/25/94 10/05/94 Karen Nelson Moore of Ohio Sixth 09/14/94 — — Returned 11/14/94 Sandra L. Lynch of Massachusetts First 09/14/94 — — Returned 11/14/94 09/28/94 Confirmed 10/07/94 104th Congress Sandra L. Lynch a of Massachusetts First 01/11/95 02/08/95 02/23/95 03/17/95 Karen Nelson Moore a of Ohio Sixth 01/24/95 02/27/95 03/16/95 03/24/95 James L. Dennis a of Louisiana Fifth 01/31/95 07/20/95 09/28/95 46-54 vote on motion to recommit; voice vote to confirm Mary Beck Briscoe of Kansas Tenth 03/14/95 05/04/95 05/18/95 05/25/95 Carlos F. Lucero of Colorado Tenth (New position) 03/23/95 06/06/95 06/22/95 06/30/95 Diane P. Wood of Illinois Seventh 03/31/95 06/27/95 06/29/95 06/30/95 A. Wallace Tashima of California Ninth 04/06/95 07/18/95 07/27/95 01/02/96 Terence T. Evans of Wisconsin Seventh 04/25/95 08/03/95 08/04/95 08/11/95 William A. Fletcher of California Ninth 04/25/95 12/19/95 05/16/96 Returned 10/04/96 R. Guy Cole, Jr. of Ohio Sixth 06/29/95 09/28/95 10/26/95 12/22/95 Sidney R. Thomas of Montana Ninth 07/19/95 10/24/95 11/09/95 01/02/96 Michael R. Murphy of Utah Tenth 07/25/95 08/03/95 08/04/95 08/11/95 Merrick B. Garland of Maryland D.C. 09/05/95 11/30/95 12/14/95 Returned 10/04/96 Charles R. Stack of Florida Eleventh 10/27/95 — — Withdrawn 05/13/96 James A. Beaty, Jr. of North Carolina Fourth 12/22/95 — — Returned 10/04/96 J. Rich Leonard of North Carolina Fourth (New position) 12/22/95 — — Returned 10/04/96 Richard A. Paez of California Ninth 01/25/96 07/31/96 — Returned 10/04/96 Eric L. Clay of Michigan Sixth 03/06/96 03/27/96 M. Margaret McKeown of Washington Ninth 03/29/96 b — 04/25/96 — Returned 10/04/96 Returned 10/04/96 CRS-10 Nominee Circuit Nominated Hearings Reported Arthur Gajarsa of Maryland Federal 04/18/96 06/27/96 Returned 10/04/96 03/06/97 03/19/97 76-23 vote 06/25/96 Confirmed 105th Congress d Merrick B. Garland c of Maryland D.C. 01/07/97 William A. Fletcher c of California Ninth 01/07/97 04/29/98 05/21/98 10/08/98 57-41 vote Richard A. Paez c of California Ninth 01/07/97 02/25/98 03/19/98 Returned 10/21/98 M. Margaret McKeown c of Washington Ninth 01/07/97 02/04/98 02/26/98 03/27/98 80-11 vote Arthur Gajarsa c of Maryland Federal 01/07/09 05/07/97 05/22/97 07/31/97 James A. Beaty, Jr. c of North Carolina Fourth 01/07/97 Marjorie O. Rendell of Pennsylvania Third 01/07/97 Helene N. White of Michigan Sixth 01/07/97 Frank M. Hull of Georgia Eleventh 01/18/97 07/22/97 07/31/97 09/04/97 96-0 vote Eric L. Clay c of Michigan Sixth 05/07/97 05/07/97 05/22/97 07/31/97 Sonia Sotomayor of New York Second 06/25/97 09/30/97 03/05/98 10/02/98 68-28 vote James S. Ware of California Ninth 06/27/97 10/09/97 Ronald Lee Gilman of Tennessee Sixth 07/16/97 09/30/97 Jorge C. Rangel of Texas Fifth 07/24/97 Susan Graber of Oregon Ninth 07/30/97 02/25/98 03/05/98 03/17/98 98-0 vote Stanley Marcus of Florida Eleventh 09/25/97 10/28/97 11/06/97 11/07/97 Kermit Lipez of Maine First 10/20/97 03/18/98 03/26/98 04/02/98 Rosemary S. Pooler of New York Second 11/06/97 05/14/98 05/21/98 06/02/98 Robert D. Sack of New York Second 11/06/97 05/14/98 05/21/98 06/15/98 Ronald M. Gould of Washington Ninth 11/08/97 Barry G. Silverman of Arizona Ninth 11/08/97 11/12/97 11/13/97 01/28/98 John D. Kelly of North Dakota Eighth 01/27/98 06/18/98 06/25/98 07/31/98 — 09/05/97 — — — — 09/18/97 — — 10/09/97 — — Returned 10/21/98 09/26/97 Returned 10/21/98 Withdrawn 11/07/97 11/06/97 98-1 vote Returned 10/21/98 Returned 10/21/98 CRS-11 Nominee Circuit Nominated Hearings Reported Marsha L. Berzon of California Ninth 01/27/98 07/30/98 Kim McLean Wardlaw of California Ninth 01/27/98 06/18/98 07/16/98 07/31/98 Chester J. Straub of New York Second 02/11/98 04/29/98 05/07/98 06/01/98 Timothy B. Dyk of the District of Columbia Federal 04/01/98 07/16/98 09/10/98 Returned 10/21/98 Robert S. Raymar of New Jersey Third 06/05/98 — — Returned 10/21/98 Barry P. Goode of California Ninth 06/24/98 — — Returned 10/21/98 Robert Bruce King of West Virginia Fourth 06/24/98 09/09/98 09/17/98 10/08/98 William B. Traxler, Jr. of South Carolina Fourth 07/10/98 09/09/98 09/17/98 09/28/98 — Confirmed Returned 10/21/98 106th Congress Barbara Durham of Washington Ninth 01/26/99 Marsha L. Berzon e of California Ninth 01/26/99 Timothy B. Dyk e of the District of Columbia DC 01/26/99 Barry P. Goode e of California Ninth 01/26/99 Ronald M. Gould e of Washington Ninth 01/26/99 Richard A. Paez e of California Ninth 01/26/99 Helene N. White e of Michigan Sixth 01/26/99 Julio M. Fuentes of New Jersey Third 03/08/99 Returned 08/05/99 06/16/99 f 07/01/99 09/21/99 45-54 vote on motion to proceed; 03/08/00 86-13 vote for cloture; 03/09/00 64-34 vote to confirm 10/21/99 05/24/00 74-25 vote Returned 12/15/00 09/14/99 g 10/07/99 11/17/99 07/29/99 09/21/99 45-53 vote on motion to proceed; 03/08/00 85-14 vote for cloture; 03/09/00 59-39 vote to confirm; 31-67 vote on motion to postpone indefinitely Returned 12/15/00 02/22/00 03/02/00 03/07/00 93-0 vote CRS-12 Nominee Circuit Nominated Hearings Reported Confirmed Robert A. Katzman of New York Second 03/08/99 06/16/99 07/01/99 07/14/99 Raymond C. Fisher of California Ninth 03/15/99 07/29/99 07/29/99 10/05/99 h 69-29 vote H. Alston Johnson, III of Louisiana Fifth 04/22/99 Kermit Bye of North Dakota Eighth 04/22/99 11/10/99 11/17/99 02/24/00 98-0 vote Charles R. Wilson of Florida Eleventh 05/27/99 07/13/99 07/22/99 07/30/99 Maryanne Trump Barry of New Jersey Third 06/17/99 07/29/99 07/29/99 09/13/99 James E. Duffy, Jr. of Hawaii Ninth 06/17/99 Returned 12/15/00 Elena Kagan of the District of Columbia DC 06/17/99 Returned 12/15/00 Ann Claire Williams of Illinois Seventh 08/05/99 James A. Wynn, Jr. of North Carolina Fourth 08/05/99 Returned 12/15/00 Kathleen McCree Lewis of Michigan Sixth 09/16/99 Returned 12/15/00 Enrique Moreno of Texas Fifth 09/16/99 Returned 12/15/00 James M. Lyons of Colorado Tenth 09/22/99 Withdrawn 06/06/00 Allen R. Snyder of Maryland DC 09/22/99 05/10/00 Richard Linn of Virginia Federal 09/28/99 10/07/99 10/21/99 11/19/99 Thomas L. Ambro of Delaware Third 09/28/99 11/10/99 11/17/99 02/10/99 79-19 vote on motion to proceed; 02/10/99 96-2 vote to confirm Richard C. Tallman of Washington Ninth 10/20/99 03/23/00 04/12/00 05/24/00 Robert J. Cindrich of Pennsylvania Third 02/09/00 Returned 12/15/00 Kent R. Markus of Ohio Sixth 02/09/00 Returned 12/15/00 Johnnie B. Rawlinson of Nevada Ninth 02/22/00 06/16/00 Bonnie J. Campbell of Iowa Eighth 03/02/00 05/25/00 Stephen M. Orlofsky of New Jersey Third 05/25/00 Returned 12/15/00 10/26/99 11/04/99 11/10/99 Returned 12/15/00 07/20/00 07/21/00 Returned 12/15/00 Returned 12/15/00 CRS-13 Nominee Circuit Nominated Hearings Reported Confirmed Roger L. Gregory of Virginia Fourth (New position) 06/30/00 Returned 12/15/00 Christine M. Arguello of Colorado Tenth 07/27/00 Returned 12/15/00 Andre M. Davis of Maryland Fourth 10/06/00 Returned 12/15/00 S. Elizabeth Gibson of North Carolina Fourth 10/26/00 Returned 12/15/00 107th Congress a Bonnie J. Campbell i of Iowa Eighth 01/03/01 Withdrawn 03/19/01 James E. Duffy, Jr. i of Hawaii Ninth 01/03/01 Withdrawn 03/19/01 Barry P. Goode i of California Ninth 01/03/01 Withdrawn 03/19/01 Roger L. Gregory ij of Virginia Fourth (New position) 01/03/01 Withdrawn k 03/19/01 Kathleen McCree Lewis i of Michigan Sixth 01/03/01 Withdrawn 03/19/01 Enrique Moreno i of Texas Fifth 01/03/01 Withdrawn 03/19/01 Helene N. White i of Michigan Sixth 01/03/01 Withdrawn 03/19/01 James A. Wynn, Jr. i of North Carolina Fourth 01/03/01 Withdrawn 03/19/01 H. Alston Johnson, III i of Louisiana Fifth 01/03/01 Withdrawn 03/19/01 Re-submission; see earlier nomination in 103rd Congress. Hearing held on 09/14/94, on earlier nomination in 103rd Congress. c Re-submission; see earlier nomination in 104th Congress. d Hearing held 11/30/95, on earlier nomination in 104th Congress. e Re-submission; see earlier nomination in 105th Congress. f Hearing held on 07/16/98, on earlier nomination in 105th Congress. g Hearing held 02/25/98, on earlier nomination in 105th Congress. h Prior to Senate confirmation vote on 10/05/99, the Fisher nomination was considered by the Senate on 10/04/99. i Re-submission; see earlier nomination in 106th Congress. j On 12/27/00, after the end of the 106th Congress and before the start of the 107th Congress, the nominee was appointed to the court by presidential “recess appointment,” an appointment which would expire at the end of the 1st session of the 107th Congress. k After the nomination was withdrawn by President George W. Bush on 03/19/01, Mr. Gregory was renominated by President Bush on 05/09/01 and confirmed by the Senate on 07/20/01 by a 93-1 roll call vote. b CRS-14 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 665 judgeships authorized by law, including those for the District of Columbia, the Commonwealth of Puerto Rico, and the territories of Guam, the Northern Marianas, and the Virgin Islands.19 During his presidency, 307 of Mr. Clinton’s 382 nominations to the district courts received Senate confirmation. All but seven of the individuals confirmed continued to hold office as district judges when President Clinton left on January 20, 2001.20 During the 103rd Congress, 108 of President Clinton’s 119 nominations to the district courts were confirmed. Eleven of his nominations to the district courts, having failed to receive Senate confirmation by the end of the 103rd Congress, were returned to the President, pursuant to Rule XXXI of the Standing Rules of the Senate. Of the 11 nominees not confirmed during the 103rd Congress, four eventually were confirmed after being renominated in the 104th Congress. (Of the seven other nominees not confirmed during the 103rd Congress, one was renominated during the 104th Congress, but the resubmitted nomination was later withdrawn by President Clinton. The President declined to renominate the six other individuals.) During the 104th Congress, President Clinton submitted to the Senate 85 district court nominations. Of the 85 nominations; 62 were confirmed; three were withdrawn by the President; and 20 were returned to the President at the sine die adjournment of the second session of the Congress, pursuant to Senate Rule XXXI. Of the 20 returned nominations, three had been favorably reported by the Senate Judiciary 19 The 665 total consists of 655 permanently authorized judgeships and 10 “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 point in time fixed by the statute—typically, when, after a specified number of years a judgeship in the district is vacated). Nine of the judgeships were created on November 19, 1999, upon enactment of the Consolidated Appropriations Act for FY2000, Public Law 106-113. Ten more of the judgeships were created on December 21, 2000, upon enactment of Public Law 106-553. All of the 665 judgeships, except for the four district judgeships in the territorial district courts, 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.” 20 During his presidency, the overall number of President Clinton’s appointees holding district judgeships was reduced by seven due to the death on January 8, 1996, of Judge Okla Jones, II, of the U.S. District Court for the Eastern District of Louisiana and the elevation of District Judges Frank M. Hull to the U.S. Court of Appeals for the Eleventh Circuit on September 4, 1997, Marjorie O. Rendell to the Court of Appeals for the Third Circuit on September 26, 1997, Rosemary S. Pooler to the Court of Appeals for the Second Circuit on June 2, 1998, Kim McLean Wardlaw to the Court of Appeals for the Ninth Circuit on July 31, 1998, Richard Paez to the Court of Appeals for the Ninth Circuit on March 9, 2000, and Johnnie B. Rawlinson to the Court of Appeals for the Ninth Circuit on July 21, 2000. CRS-15 Committee; five others had received committee hearings, and 12 failed to receive hearings. (Subsequently, during the 105th Congress, the names of 16 of these 20 nominees were resubmitted, with 12 of the 16 receiving Senate confirmation.) During the 105th Congress, President Clinton submitted 95 district court nominations, of which 80 were confirmed, four were withdrawn by the President, and 11 were returned at the end of the 105th Congress pursuant to Senate Rule XXXI. Of the 11 returned, two had been reported favorably by the Judiciary Committee, three had received a committee hearing but had not been reported, and six had failed to reach the committee hearing stage. Two of the returned nominations were resubmissions from the 104th Congress. (Subsequently, during the 106th Congress, the names of seven of these 11 nominees were resubmitted, with three of the seven receiving Senate confirmation.) During the 106th Congress, President Clinton submitted 83 district court nominations, including the seven re-submissions noted above. Of the 83 nominations, 57 were confirmed, one was withdrawn, 24 were returned to the President at the sine die adjournment of the Congress, and one was rejected by a Senate roll call vote.21 Of the 24 returned nominations, only two received a hearing; six of the 24 nominations, however, had been transmitted to the Senate relatively late during the Congress, after the August recess of the second session. During the entire Clinton presidency, there were 34 Senate roll call votes on district court nominations, 18 cast during the 105th Congress and 16 during the 106th Congress.22 As of February 5, 2000, two weeks after President Clinton left office, there were 62 vacant U.S. district judgeships. In the table below, the phrase “New position” occasionally appears in the “District” column. The phrase refers to a vacant judgeship created either by the Judicial Improvements Act of 1990 (104 Stat. 5089, 28 U.S.C. 133) or by a provision 21 By 45 yeas to 54 nays, the Senate on October 5, 1999 failed to confirm the nomination of Ronnie L. White to be a District Judge for the Eastern District of Missouri. This was the first time in 12 years that a nomination to a federal judgeship had been rejected by a Senate vote. The most recent previous Senate vote rejecting a judicial nomination occurred on October 23, 1987, when the Senate, by 42 yeas to 58 nays, failed to confirm the Supreme Court nomination of Robert H. Bork. 22 The closest roll call votes on district court nominations were the 45-54 vote on October 5, 1999, rejecting the nomination of Ronnie L. White to the U.S. District Court for the Eastern District of Missouri; the 55-44 vote on September 21, 1999, failing to close debate on the nomination of Brian Theadore Stewart to the U.S. District Court of Utah; the 56-34 vote on June 22, 1998, confirming Susan Oki Mollway to the U.S. District Court for the District of Hawaii; the 63-36 vote on May 24, 2000, confirming Gerard E. Lynch to the U.S. District Court for the Southern District of New York; the 67-30 vote on January 28, 1998, confirming Ann L. Aiken to the U.S. District Court of Oregon; and the 67-28 vote on February 11, 1998, confirming Margaret M. Morrow to the U.S. District Court for the Central District of California. CRS-16 in the Consolidated Appropriations Act for FY2000.23 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 were to judgeships which a predecessor held until he or she vacated the office. Table 3. Presidential Nominations to the U.S. District Courts During the 103rd-106th Congresses, 1993-2000 Nominee District Nominated Hearings Reported Confirmed 103rd Congress William Roy Wilson, Jr. East. AR 08/06/93 09/23/93 09/30/93 09/30/93 Jennifer B. Coffman East. & West. KY 08/06/93 09/23/93 09/30/93 09/30/93 Deborah K. Chasanow MD 08/06/93 10/07/93 10/14/93 10/18/93 Peter J. Messitte MD 08/06/93 10/07/93 10/14/93 10/18/93 Alexander Williams, Jr. MD 08/06/93 06/30/94 08/11/94 08/17/94 Thomas M. Shanahan NE (New position) 08/06/93 10/20/93 11/18/93 11/20/93 Martha A. Vasquez NM 08/06/93 09/23/93 09/30/93 09/30/93 David G. Trager East. NY (New position) 08/06/93 11/09/93 11/18/93 11/20/93 Lawrence L. Piersol SD 08/06/93 10/20/93 11/18/93 11/20/93 Leonie M. Brinkema East. VA 08/06/93 10/07/93 10/14/93 10/18/93 Raymond A. Jackson East. VA 09/24/93 11/09/93 11/18/93 11/20/93 Joanna Seybert East. NY (New position) 09/24/93 11/09/93 11/18/93 11/20/93 David W. Hagen NV 10/07/93 11/09/93 11/18/93 11/20/93 Claudia Wilken North. CA (New position) 10/07/93 11/09/93 11/18/93 11/20/93 Gary L. Lancaster West. PA 10/25/93 11/16/93 11/18/93 11/20/93 Donetta W. Ambrose West. PA 10/25/93 11/16/93 11/18/93 11/20/93 Wilkie D. Ferguson, Jr. South. FL 10/25/93 11/16/93 11/18/93 11/20/93 Charles A. Shaw East. MO (New position) 10/25/93 11/18/93 11/18/93 11/20/93 Harry F. Barnes West. AR 10/27/93 11/18/93 11/18/93 11/20/93 Nancy Gertner MA 10/27/93 11/18/93 11/18/93 02/10/94 Reginald C. Lindsay MA 10/27/93 11/18/93 11/18/93 11/20/93 Patti B. Saris MA 10/27/93 11/18/93 11/18/93 11/20/93 23 Public Law 106-113, approved November 29, 1999. CRS-17 Nominee District Nominated Hearings Reported Confirmed Allen G. Schwartz South. NY 10/27/93 11/18/93 11/18/93 11/20/93 Richard G. Stearns MA 10/27/93 11/18/93 11/18/93 11/20/93 Henry Lee Adams, Jr. Mid. FL 10/29/93 11/16/93 11/18/93 11/20/93 Susan C. Bucklew Mid. FL 10/29/93 11/16/93 11/18/93 11/20/93 Theodore Klein South. FL 10/29/93 11/16/93 — Returned 11/14/94 Daniel T.K. Hurley South. FL 11/10/93 03/03/94 03/09/94 03/10/94 Thomas I. Vanaskie Mid. PA (New position) 11/17/93 01/27/94 02/09/94 02/10/94 Helen G. Berrigan East. LA 11/18/93 01/27/94 03/09/94 03/10/94 Tucker L. Melancon West. LA 11/18/93 01/17/94 02/09/94 02/10/94 Michael A. Ponsor MA 11/19/93 01/27/94 02/09/94 02/10/94 Michael J. Davis MN 11/19/93 03/03/94 03/23/94 03/25/94 Lesley Brooks Wells North. OH 11/19/93 01/27/94 02/09/94 02/10/94 Ancer L. Haggerty OR 11/19/93 03/03/94 03/23/94 03/25/94 Marjorie O. Rendell East. PA 11/19/93 01/27/94 02/09/94 02/10/94 Samuel Frederick Biery, Jr. West. TX (New position) 11/19/93 02/24/94 03/09/94 03/10/94 W. Royal Furgeson, Jr. West. TX (New position) 11/19/93 02/24/94 03/09/94 03/10/94 Orlando L. Garcia West. TX 11/19/93 02/24/94 03/09/94 03/10/94 John H. Hannah, Jr. East. TX (New position) 11/19/93 02/24/94 03/09/94 03/10/94 Janis Graham Jack South . TX (New position) 11/19/93 02/24/94 03/09/94 03/10/94 Franklin D. Burgess West. WA 11/19/93 03/03/94 03/23/94 03/25/94 Deborah A. Batts South. NY 01/27/94 04/29/94 05/05/94 05/06/94 James G. Carr North OH 01/27/94 04/21/94 05/05/94 05/06/94 Ruben Castillo North. IL 01/27/94 03/25/94 05/05/94 05/06/94 Audrey B. Collins Cent. CA 01/27/94 03/25/94 05/05/94 05/06/94 Cameron M. Currie SC 01/27/94 03/03/94 03/09/94 03/10/94 Mary M. Lisi RI 01/27/94 04/21/94 05/05/94 05/06/94 Frank M. Hull North. GA 02/09/94 04/21/94 05/05/94 05/06/94 W. Louis Sands Mid. GA (New position) 02/09/94 04/21/94 05/05/94 05/06/94 Billy Michael Burrage North., East. & West. OK 03/09/94 05/12/94 05/25/94 06/08/94 CRS-18 Nominee District Nominated Hearings Reported Confirmed Clarence Cooper North. GA 03/09/94 04/21/94 05/05/94 05/06/94 Denise Page Hood East. MI 03/09/94 05/25/94 06/14/94 06/15/94 Terry C. Kern North. OK (New position) 03/09/94 05/12/94 05/25/94 06/08/94 Solomon Oliver, Jr. North OH 03/09/94 04/29/94 05/05/94 05/06/94 Richard A. Paez Cent. CA (New position) 03/09/94 05/25/94 06/14/94 06/15/94 Raymond L. Finch VI 03/22/94 04/29/94 05/05/94 05/06/94 Paul L. Friedman DC 03/22/94 05/25/94 06/14/94 06/15/94 Vanessa D. Gilmore South. TX 03/22/94 05/12/94 05/25/94 06/08/94 Gladys Kessler DC 03/22/94 05/12/94 06/14/94 06/15/94 Emmet G. Sullivan DC 03/22/94 05/12/94 06/14/94 06/15/94 Ricardo M. Urbina DC 03/22/94 05/25/94 06/14/94 06/15/94 Paul D. Borman East. MI 03/24/94 06/21/94 08/04/94 08/09/94 Denny Chin South. NY (New position) 03/24/94 07/21/94 08/04/94 08/09/94 R. Samuel Paz Cent. CA (New position) 03/24/94 08/25/94 — Returned 11/14/94 Harold Baer, Jr. South. NY 04/26/94 07/21/94 08/04/94 08/09/94 Denise Cote South. NY 04/26/94 06/21/94 08/04/94 08/09/94 John G. Koeltl South. NY 04/26/94 06/21/94 08/04/94 08/09/94 John Corbett O’Meara East. MI 04/26/94 08/11/94 08/25/94 09/14/94 Barrington D. Parker, Jr. South. NY 04/26/94 08/11/94 08/25/94 09/14/94 Rosemary S. Pooler North. NY 04/26/94 06/21/94 08/04/94 08/09/94 Robert J. Timlin Cent. CA (New position) 04/26/94 08/11/94 08/25/94 09/14/94 William F. Downes WY (New position) 05/05/94 05/25/94 06/14/94 06/15/94 Lewis A. Kaplan South. NY 05/05/94 06/21/94 08/04/94 08/09/94 Blanche M. Manning North. IL 05/05/94 07/21/94 08/04/94 08/09/94 David F. Hamilton South. IN 06/08/94 09/21/94 09/28/94 10/07/94 Napoleon A. Jones South. CA 06/08/94 08/11/94 08/25/94 09/14/94 Sarah S. Vance East. LA 06/08/94 08/17/94 09/22/94 09/28/94 Mark W. Bennett North. IA 06/21/94 07/21/94 08/04/94 08/09/94 Salvador E. Casellas PR 06/21/94 08/17/94 09/22/94 09/28/94 Daniel R. Dominguez PR 06/21/94 08/17/94 09/22/94 09/28/94 CRS-19 Nominee District Nominated Hearings Reported William T. Moore, Jr. South. GA 07/13/94 09/28/94 10/05/94 10/07/94 Stanwood R. Duvall, Jr. East. LA 07/15/94 08/25/94 09/22/94 09/28/94 Catherine D. Perry East. MO 07/15/94 09/21/94 09/28/94 10/07/94 Frederic Block East. NY 07/22/94 09/14/94 09/22/94 09/28/94 John Gleeson East. NY 07/22/94 08/25/94 09/22/94 09/28/94 Allyne R. Ross East. NY 07/22/94 09/14/94 09/22/94 09/28/94 Shira A. Scheindlin South. NY 07/28/94 09/14/94 09/22/94 09/28/94 Dominic J. Squatrito CT (New position) 07/28/94 09/14/94 09/22/94 10/07/94 Robert N. Chatigny CT 08/05/94 09/14/94 09/22/94 09/28/94 Judith D. McConnell South. CA (New position) 08/05/94 — Returned 11/14/94 Robert J. Cindrich West. PA 08/12/94 09/21/94 09/28/94 10/07/94 David A. Katz North. OH 08/12/94 09/28/94 10/05/94 10/07/94 Sean J. McLaughlin West. PA 08/12/94 09/28/94 10/05/94 10/07/94 Elaine F. Bucklo North. IL 08/16/94 10/04/94 10/05/94 10/07/94 David H. Coar North. IL 08/16/94 09/21/94 09/28/94 10/07/94 Robert W. Gettleman North. IL 08/16/94 10/04/94 10/05/94 10/07/94 Paul E. Riley South. IL (New position) 08/16/94 09/21/94 09/28/94 10/07/94 James A. Beaty, Jr. Mid. NC 08/25/94 10/06/94 10/06/94 10/07/94 David Briones West. TX 08/25/94 10/06/94 10/06/94 10/07/94 Helen W. Gillmor HI (New position) 08/25/94 09/28/94 10/05/94 10/07/94 Okla Jones, II East. LA 08/25/94 10/06/94 10/06/94 10/07/94 G. Thomas Porteous, Jr. East. LA 08/25/94 10/06/94 10/06/94 10/07/94 John R. Tait ID 08/25/94 — — Returned 11/14/94 Maxine M. Chesney North. CA 09/14/94 — — Returned 11/14/94 Roslyn Moore-Silver AZ 09/14/94 09/28/94 10/05/94 10/07/94 James Robertson MD 09/14/94 10/06/04 10/06/94 10/07/94 Thomas B. Russell West. KY 09/14/94 10/06/94 10/06/94 10/07/94 Sidney H. Stein South. NY 09/14/94 — Returned 11/14/94 Alvin W. Thompson CT 09/14/94 09/28/94 10/05/94 10/07/94 William H. Walls NJ 09/14/94 10/04/94 10/05/94 10/07/94 — — Confirmed CRS-20 Nominee District Nominated Hearings Reported Confirmed Kathleen M. O’Malley North. OH 09/20/94 10/06/94 10/06/94 10/07/94 Sven E. Holmes North. OK 09/22/94 10/04/94 10/05/94 10/07/94 Vicki Miles-LaGrange West. OK 09/22/94 10/04/94 10/05/94 10/07/94 John D. Snodgrass North. AL 09/22/94 — — Returned 11/14/94 Patrick J. Toole, Jr. Mid. PA 09/23/94 — — Returned 11/14/94 David Folsom East. TX 10/05/94 — — Returned 11/14/94 Thad Heartfield East. TX 10/05/94 — — Returned 11/14/94 Lacy H. Thornburg West. NC 10/05/94 — — Returned 11/14/94 02/23/95 03/17/95 104th Congress Lacy H. Thornburg a West. NC 01/11/95 a North. AL 01/11/95 South. NY 01/11/95 02/08/95 02/23/95 03/17/95 East. TX 01/11/95 02/08/95 02/23/95 03/17/95 David Folsom East. TX 01/11/95 02/08/95 02/23/95 03/17/95 Janet Bond Arterton CT 01/23/95 02/27/95 03/16/95 03/24/95 Willis B. Hunt, Jr. North. GA 01/23/95 02/27/95 03/16/95 03/24/95 Susan Y. Illston North. CA 01/23/95 03/28/95 05/18/95 05/25/95 Charles B. Kornmann SD 01/23/95 02/27/95 03/16/95 03/24/95 Maxine M. Chesney North. CA 01/24/95 03/28/95 04/05/95 05/08/95 Eldon E. Fallon East. LA 02/03/95 03/28/95 04/05/95 05/08/95 Curtis L. Collier East. TN (New position) 02/13/95 03/28/95 04/05/95 05/08/95 Peter C. Economus North. OH 02/28/95 05/04/95 06/22/95 06/30/95 Joseph Robert Goodwin South. WV 02/28/95 03/28/95 04/05/95 05/08/95 Wenona Y. Whitfield South. IL 03/23/95 07/31/96 — Returned 10/04/96 Wiley Y. Daniel CO 03/31/95 06/06/95 06/22/95 06/30/95 Nancy Friedman Atlas South. TX 04/04/95 06/06/95 06/22/95 06/30/95 John Garvan Murtha VT 04/04/95 05/04/95 05/18/95 05/25/95 George A. O’Toole, Jr. MA 04/04/95 05/04/95 05/18/95 05/25/95 Leland M. Shurin West. MO 04/04/95 John D. Snodgrass Sidney H. Stein a Thadd Heartfield a a a 02/08/95 — — — — Withdrawn 09/05/95 Withdrawn 09/05/95 CRS-21 Nominee District Nominated Hearings Reported George H. King Cent. CA (New position) 04/27/95 06/27/95 06/29/95 06/30/95 Donald C. Nugent North. OH 04/27/95 06/06/95 06/22/95 06/30/95 Andre M. Davis MD 05/04/95 07/18/95 07/27/95 08/11/95 Catherine C. Blake MD 05/04/95 07/18/95 07/27/95 08/11/95 Joseph H. McKinley West. KY 05/24/95 07/18/95 08/03/95 08/11/95 Robert H. Whaley East. WA 05/24/95 06/27/95 06/29/95 06/30/95 B. Lynn Winmill ID 05/24/95 07/18/95 07/27/95 08/11/95 Tena Campbell UT 06/22/95 06/27/95 06/29/95 06/30/95 Todd J. Campbell Mid. TN 06/27/95 10/24/95 11/09/95 12/22/95 James M. Moody AK 06/27/95 08/03/95 08/04/95 08/11/95 Barry Ted Moskowitz South. CA (New position) 06/30/95 09/28/95 10/26/95 12/22/95 Stephen M. Orlofsky NJ 06/30/95 09/28/95 10/26/95 12/22/95 William K. Sessions, III VT 06/30/95 08/03/95 08/04/95 08/11/95 Ortrie D. Smith West. MO 06/30/95 08/03/95 08/04/95 08/11/95 John R. Tunheim MN 07/10/95 09/28/95 10/26/95 12/22/95 John H. Bingler, Jr. West. PA 07/21/95 — — Returned 10/04/96 Bruce W. Greer South. FL 08/01/95 — — Withdrawn 05/13/96 Bruce D. Black NM 08/10/95 11/30/95 12/07/95 12/22/95 Susan J. Dlott South. OH 08/10/95 09/28/95 10/26/95 12/22/95 Hugh Lawson Mid. GA 08/10/95 11/30/95 12/07/95 12/22/95 Hilda G. Tagle South. TX (New position) 08/10/95 — Returned 10/04/96 Kim McLane Wardlaw Cent. CA 08/10/95 10/24/95 11/09/95 12/22/95 E. Richard Webber East. MO 08/10/95 10/24/95 11/09/95 12/22/95 Patricia A. Gaughan North. OH 09/29/95 11/30/95 12/07/95 12/22/95 Joan A. Lenard South. FL 09/29/95 12/19/95 12/21/95 12/22/95 Clarence J. Sundram North. NY 09/29/95 07/31/96 — Returned 10/04/96 P. Michael Duffy SC 10/11/95 10/24/95 11/09/95 12/22/95 Sue E. Myerscough Cent. IL 10/11/95 — Returned 10/04/96 Jed S. Rakoff South. NY 10/11/95 12/19/95 12/21/95 12/29/95 Nina Gershon East. NY 10/18/95 05/02/96 05/09/96 07/30/96 — — Confirmed CRS-22 Nominee District Nominated Hearings Reported Barbara S. Jones South. NY 10/18/95 12/19/95 12/21/95 12/22/95 John Thomas Marten KS 10/18/95 11/30/95 12/07/95 01/02/96 Nanette K. Laughrey East. & West. MO 10/20/95 03/27/96 04/25/96 07/24/96 Ann L. Aiken OR 11/27/95 09/24/96 — Returned 10/04/96 Joseph A. Greenaway NJ 11/27/95 02/28/96 03/13/96 07/16/96 Faith S. Hochberg NJ 11/27/95 — Returned 10/04/96 Ann D. Montgomery MN 11/27/95 02/28/96 03/13/96 08/02/96 Charles N. Clevert, Jr. East. WI 12/07/95 03/27/96 04/25/96 07/17/96 Bernice B. Donald West. TN 12/07/95 12/19/95 12/21/95 12/22/95 C. Lynwood Smith North. AL 12/08/95 12/19/95 12/21/95 12/22/95 James P. Jones West. VA 12/12/95 02/28/96 03/13/96 07/18/96 Cheryl B. Wattley North. TX 12/12/95 — Returned Gary A. Fenner West. MO 12/13/95 02/28/96 03/13/96 07/10/96 Mary Ann Vial Lemmon East. LA 12/19/95 05/02/96 05/09/96 07/10/96 Michael D. Schattman North. TX 12/19/95 — Returned 10/04/96 Donald W. Molloy MT 12/21/95 03/27/96 04/25/96 07/18/96 Susan Oki Mollway HI 12/21/95 03/27/96 04/25/96 Returned 10/04/96 Edmund A. Sargus, Jr. South. OH 12/22/95 05/02/96 05/09/96 07/22/96 Anabelle RodriguezRodriguez PR 01/26/96 — Returned 10/04/96 Dean D. Pregerson Cent. CA 01/26/96 05/02/96 05/09/96 07/24/96 W. Craig Broadwater WV 01/26/96 05/02/96 05/09/96 07/12/96 Joseph F. Bataillon NE 03/06/96 07/31/96 — Returned 10/04/96 Colleen Kollar-Kotelly DC 03/29/96 07/31/96 09/19/96 Returned 10/04/96 Joan B. Gottschall North. IL 03/29/96 06/25/96 06/27/96 07/25/96 Frank R. Zapata AZ 03/29/96 06/25/96 06/27/96 07/31/96 Lawrence E. Kahn North. NY 04/18/96 06/25/96 06/27/96 07/16/96 Walker D. Miller CO 04/18/96 05/02/96 05/09/96 07/11/96 Richard A. Lazzara Mid. FL 05/09/96 — Returned 10/04/96 — — — — — Confirmed CRS-23 Nominee District Nominated Hearings Reported Margaret M. Morrow Cent. CA 05/09/96 06/25/96 06/27/96 Returned 10/04/96 Christina A. Snyder Cent. CA 05/15/96 — Returned 10/04/96 Thomas W. Thrash, Jr. North. GA 05/16/96 07/31/96 — Returned 10/04/96 Robert L. Hinkle North. FL 06/06/96 06/25/96 06/27/96 07/25/96 Jeffrey T. Miller South. CA 07/19/96 — — Returned 10/04/96 Robert W. Pratt South. IA 08/02/96 — — Returned 10/04/96 Donald M. Middlebrooks South. FL 09/05/96 — — Returned 10/04/96 — Confirmed 105th Congress Jeffrey T. Miller Ann L. Aiken b b Thomas W. Thrash, Jr. b b Clarence J. Sundram b Christina A. Snyder Robert W. Pratt b b Susan Oki Mollway b Donald M. Middlebrooks b Richard A. Lazzara b Colleen Kollar-Kotelly South. CA 01/07/97 03/18/97 04/17/97 05/23/97 OR 01/07/97 10/28/97 11/06/97 01/28/98 67-30 vote North. GA 01/07/97 05/07/97 05/22/97 07/31/97 North. NY 01/07/97 06/25/97 — Returned 10/21/98 Cent. CA 01/07/97 07/22/97 09/18/97 11/07/97 93-6 vote IA 01/07/97 03/18/97 04/17/97 05/23/97 HI 01/07/97 02/04/98 04/30/98 06/22/98 56-34 vote South. FL. 01/07/97 03/18/97 04/17/97 05/23/97 Mid. FL 01/07/97 09/05/97 09/18/97 09/26/97 05/06/97 05/20/97 c DC 01/07/97 NE 01/07/97 07/22/97 07/31/97 09/11/97 100-0 vote Margaret M. Morrow Cent. CA 01/07/97 03/18/97 06/12/97 02/11/98 67-28 vote Lynne R. Lasry South. CA 02/12/97 — — Withdrawn 02/12/98 Ivan L.R. Lemelle East. LA 02/12/97 03/24/98 04/02/98 04/03/98 Anthony W. Ishii East. CA 02/12/97 06/25/97 07/10/97 10/09/97 Alan S. Gold South. FL 02/12/97 05/07/97 05/22/97 06/27/97 North. TX 03/21/97 — — South. TX 03/21/97 02/25/98 03/05/98 Joseph F. Bataillon b b Michael D. Schattman b Hilda G. Tagle b Withdrawn 07/31/98 03/11/98 CRS-24 Nominee District b Nominated Hearings Reported Confirmed Anabelle Rodriguez PR 03/21/97 10/01/98 — Returned 10/21/98 Henry Harold Kennedy, Jr. DC 05/15/97 06/25/97 07/10/97 09/04/97 60-0 vote Rodney W. Sippel East. & West. MD 05/15/97 10/28/97 11/06/97 11/08/97 Christopher Droney CT 06/05/97 06/25/97 07/31/97 09/11/97 100-0 vote Janet C. Hall CT 06/05/97 06/22/97 07/31/97 09/11/97 98-1 vote Robert Charles Chambers South. WV 06/05/97 07/22/97 07/31/97 09/05/97 Katharine S. Hayden NJ 06/25/97 06/25/97 07/10/97 09/25/97 97-0 vote Jerome B. Friedman East. VA 06/26/97 10/28/97 11/06/97 11/07/97 Ronnie L. White East. MO 06/26/97 05/14/98 05/21/98 Returned 10/21/98 Carlos R. Moreno Cent. CA 07/03/97 11/12/97 11/13/97 02/03/98 96-0 vote Charles J. Siragusa West. NY 07/15/97 09/30/97 10/09/97 10/30/97 98-0 vote Richard L. Young South. IN 07/15/97 02/04/98 02/12/98 03/02/98 81-0 vote Richard Conway Casey South. NY 07/16/97 09/30/97 10/09/97 10/21/97 Martin J. Jenkins North. CA 07/24/97 10/29/97 11/06/97 11/09/97 Charles R. Breyer North. CA 07/24/97 10/29/97 11/06/97 11/08/97 Frank C. Damrell, Jr. East. CA 07/24/97 10/29/97 11/06/97 11/09/97 Bruce C. Kauffman East. PA 07/31/97 09/05/97 11/06/97 11/08/97 Algenon L. Marbley South. OH 07/31/97 09/30/97 10/09/97 10/27/97 91-0 vote Dan A. Polster North. OH 07/31/97 06/18/98 06/25/98 07/31/98 Rebecca R. Pallmeyer North. IL 07/31/97 07/16/98 07/30/98 10/21/98 Jeffrey D. Colman North. IL 07/31/97 — — Returned 10/21/98 West. PA 07/31/97 — — Withdrawn 02/12/98 Frederica A. MassiahJackson East. PA 07/31/97 10/29/97, 03/11/98 11/06/97 Withdrawn 03/16/98d Victoria A. Roberts East. MI 07/31/97 05/14/98 05/21/98 06/25/98 85-0 vote Michael P. McCuskey Cent. IL 07/31/97 10/29/97 11/06/97 04/02/98 John H. Bingler, Jr b CRS-25 Nominee District Nominated Hearings Reported Confirmed G. Patrick Murphy South. IL 07/31/97 10/29/97 11/06/97 04/02/98 98-1 vote A. Richard Caputo Mid. PA 07/31/97 09/05/97 11/06/97 11/09/97 James S. Gwin North. OH 07/31/97 09/30/97 10/09/97 11/05/97 100-0 vote Edward F. Shea East. WA 09/04/97 02/04/98 02/12/98 03/27/98 Dale A. Kimball UT 09/04/97 09/30/97 10/09/97 10/21/97 Jeremy D. Fogel North. CA 09/08/97 02/04/98 02/12/98 03/16/98 90-0 vote Lynn S. Adelman East. WI 09/08/97 10/29/97 11/06/97 11/13/97 Richard W. Story North. GA 09/15/97 11/12/97 11/13/97 01/28/98 Arthur J. Tarnow East. MI 09/24/97 03/24/98 04/02/98 05/13/98 George Caram Steeh, III East. MI 09/24/97 03/24/98 04/02/98 05/13/98 Garr M. King OR 10/08/97 03/18/98 03/26/98 04/27/98 Norman K. Moon West. VA 10/08/97 10/28/97 11/06/97 11/07/97 A. Howard Matz Cent. CA 10/20/97 03/24/98 04/02/98 06/26/98 85-0 vote Robert T. Dawson West. AR 11/07/97 03/18/98 03/26/98 04/02/98 Sam A. Lindsay North. TX 11/08/97 02/25/98 03/05/98 03/11/98 Gregory Moneta Sleet DE 01/27/98 03/18/98 03/26/98 04/27/98 William P. Dimitrouleas South. FL 01/27/98 04/29/98 05/07/98 05/14/98 Robert G. James West. LA 01/27/98 06/18/98 06/25/98 07/31/98 James W. Klein DC 01/27/98 — — Returned 10/21/98 Stephan P. Mickle North. FL 01/27/98 04/29/98 05/07/98 05/14/98 Johnnie B. Rawlinson NV 01/27/98 03/18/98 03/26/98 04/02/98 Richard W. Roberts DC 01/27/98 05/14/98 05/21/98 06/05/98 Nora M. Manella Cent. CA 03/31/98 07/16/98 07/30/98 10/21/98 Ralph E. Tyson Mid. LA 04/02/98 06/18/98 06/25/98 07/31/98 Jeanne E. Scott Cent. IL 04/02/98 07/16/98 07/30/98 10/21/98 Robert A. Freedberg East. PA 04/23/98 — — Returned 10/21/98 David R. Herndon South. IL 04/23/98 07/16/98 07/30/98 10/21/98 Lynette Norton West. PA 04/29/98 — — Returned 10/21/98 Raner C. Collins AZ 05/11/98 06/18/98 06/25/98 07/31/98 Robert S. Lasnik West. WA 05/11/98 10/01/98 10/08/98 10/21/98 CRS-26 Nominee District Nominated Hearings Reported Confirmed Virginia A. Phillips Cent. CA 05/11/98 — — Returned 10/21/98 Alvin K. Hellerstein South. NY 05/15/98 07/30/98 09/17/98 10/21/98 Carl J. Barbier East. LA 05/19/98 07/16/98 07/30/98 09/28/98 William H. Pauley, III South. NY 05/21/98 07/30/98 09/17/98 10/21/98 Colleen McMahon South. NY 05/21/98 07/30/98 09/17/98 10/21/98 Donovan W. Frank MN 05/21/98 07/30/98 09/17/98 10/21/98 Richard M. Berman South. NY 05/21/98 07/30/98 09/17/98 10/21/98 Patricia A. Seitz South. FL 05/22/98 07/16/98 07/30/98 09/28/98 Gerald Bruce Lee East. VA 05/22/98 07/16/98 07/30/98 09/28/98 Yvette Kane Mid. PA 06/04/98 10/06/98 10/08/98 10/21/98 James M. Munley Mid. PA 06/04/98 10/06/98 10/08/98 10/21/98 Thomas J. Whelan South. CA 06/04/98 09/09/98 09/17/98 10/21/98 David O. Carter Cent. CA 06/25/98 10/01/98 10/08/98 10/21/98 Legrome D. Davis East. PA 07/30/98 – – Returned 10/21/98 H. Dean Buttram, Jr. North. AL 08/31/98 09/09/98 09/17/98 10/08/98 Inge Prytz Johnson North. AL 08/31/98 09/09/98 09/17/98 10/08/98 Margaret B. Seymour SC 09/09/98 10/01/98 10/08/98 10/21/98 William J. Hibbler North. IL 09/16/98 10/06/98 10/08/98 Returned 10/21/98 Matthew F. Kennelly North. IL 09/16/98 10/06/98 – Returned 10/21/98 Aleta A. Trauger Mid. TN 09/22/98 10/01/98 10/08/98 10/21/98 Alex R. Munson North. MIe 09/28/98 10/06/98 10/08/98 10/21/98 Norman A. Mordue North. NY 10/05/98 10/07/98 10/08/98 10/21/98 106th Congress Legrome D. Davis f East. PA 01/26/99 Returned 12/15/00 Keith P. Ellison South. TX 01/26/99 06/16/99 06/24/99 06/30/99 94-4 vote Gary Allen Feess Cent. CA 01/26/99 06/16/99 06/24/99 06/30/99 94-4 vote William J. Hibblerf North IL 01/26/99 03/25/99 04/15/99 Matthew F. Kennellyf North. IL 01/26/99 03/25/99 04/15/99 Lynette Nortonf West. PA 01/26/99 g g Returned 12/15/00 CRS-27 Nominee District Nominated Virginia A. Phillipsf Cent. CA Stefan R. Underhill T. John Ward f Hearings Reported Confirmed 01/26/99 10/26/99 11/04/99 11/10/99 CT 01/26/99 06/16/99 06/24/99 06/30/99 94-4 vote East. TX 01/26/99 06/16/99 07/01/99 07/13/99 07/22/99 Rejected 10/05/99 i 45-54 vote h Ronnie L. White East. MO 01/26/99 David N. Hurd North. NY 02/12/99 07/29/99 07/29/99 09/13/99 Naomi Reice Buchwald South. NY 02/12/99 07/29/99 07/29/99 09/13/99 M. James Lorenz South. CA 03/08/99 07/29/99 07/29/99 10/01/99 W. Allen Pepper, Jr. North. MS 03/08/99 06/16/99 06/24/99 06/30/99 94-4 vote Karen E. Schreier SD 03/08/99 06/16/99 06/24/99 06/30/99 94-4 vote Adalberto Jose Jordan South. FL 03/15/99 07/13/99 07/22/99 09/08/99 93-1 vote William Haskell Alsup North. CA 03/24/99 07/13/99 07/22/99 07/30/99 J. Rich Leonard East. NC 03/24/99 Carlos Murguia KS 03/24/99 07/13/99 07/22/99 09/08/99 Marsha J. Pechman West. WA 03/24/99 07/13/99 07/22/99 09/08/99 93-1 vote DC 03/25/99 Ellen Segal Huvelle DC 03/25/99 09/14/99 10/07/99 10/15/99 Barbara M. Lynn North. TX 03/25/99 10/07/99 10/14/99 11/17/99 Anna J. Brown OR 04/22/99 09/14/99 10/07/99 10/15/99 Faith S. Hochberg NJ 04/22/99 10/26/99 11/04/99 11/10/99 Frank H. McCarthy North. OK 04/30/99 10/26/99 Patricia A. Coan CO 05/27/99 Returned 12/15/00 Dolly M. Gee Cent. CA 05/27/99 Returned 12/15/00 William Joseph Haynes, Jr. Mid. TN 05/27/99 10/07/99 10/14/99 11/10/99 Victor Marrero South. NY 05/27/99 07/29/99 07/29/99 10/01/99 Frederic D. Woocher Cent. CA 05/27/99 11/10/99 James J. Brady Mid. LA 07/14/99 05/10/00 James W. Klein f Returned 12/15/00 Returned 12/15/00 Returned 12/15/00 Returned 12/15/00 05/18/00 05/24/00 83-16 vote CRS-28 Nominee District Charles A. Pannell, Jr. North. GA Florence-Marie Cooper Nominated Hearings Reported Confirmed 07/14/99 09/14/99 10/07/99 10/15/99 Cent. CA 07/14/99 09/14/99 10/07/99 11/10/99 Brian Theadore Stewart UT 07/27/99 07/29/99 07/29/99 09/21/99 55-44 vote on cloture motion; 10/05/99 93-5 vote to i confirm Petrese B. Tucker East. PA 07/27/99 05/10/00 05/18/00 05/24/00 Gail S. Tusan North. GA 08/03/99 Marianne O. Battani East. MI 08/05/99 Steven D. Bell North. OH 08/05/99 Ronald A. Guzman North. IL 08/05/99 10/07/99 10/14/99 11/10/99 David M. Lawson East. MI 08/05/99 03/23/00 04/12/00 05/24/00 George B. Daniels South. NY 08/05/99 11/10/99 11/17/99 02/24/00 98-0 vote Joel A. Pisano NJ 09/22/99 11/10/99 11/17/99 02/10/00 95-2 vote James D. Whittemore Mid. FL 10/20/99 02/22/00 03/02/00 05/24/00 Rhonda C. Fields DC 11/17/99 John Antoon II Mid. FL 02/09/00 03/23/00 04/12/00 05/24/00 Phyllis J. Hamilton North. CA 02/09/00 04/27/00 05/11/00 05/24/00 Nicholas G. Garaufis East. NY 02/28/00 04/27/00 05/11/00 05/24/00 Gerard E. Lynch South. NY 02/28/00 04/27/00 05/11/00 05/24/00 63-36 vote S. David Fineman East. PA 03/09/00 Mary A. McLaughlin East. PA 03/09/00 05/10/00 05/18/00 05/24/00 86-14 vote Beverly B. Martin North. GA 03/27/00 05/25/00 06/15/00 06/16/00 Roger L. Hunt NV 03/27/00 04/27/00 05/11/00 05/24/00 Jay A. Garcia-Gregory PR 04/05/00 05/25/00 06/15/00 06/16/00 Kent J. Dawson NV 04/06/00 04/27/00 05/11/00 05/24/00 Berle M. Schiller East. PA 04/11/00 05/10/00 05/18/00 05/24/00 Richard Barclay Surrick East. PA 04/11/00 05/10/00 05/18/00 05/24/00 Linda B. Riegle NV 04/25/00 Withdrawn 03/27/00 03/23/00 04/12/00 05/24/00 Returned 12/15/00 Returned 12/15/00 Returned 12/15/00 Returned 12/15/00 CRS-29 Nominee District Laura Taylor Swain South. NY Dennis M. Cavanaugh Nominated Hearings Reported Confirmed 04/25/00 05/25/00 06/15/00 06/16/00 NJ 05/03/00 07/12/00 07/20/00 07/21/00 Paul C. Huck South. FL 05/09/00 06/16/00 06/27/00 06/30/00 John W. Darrah North. IL 05/11/00 06/16/00 06/27/00 06/30/00 Joan Humphrey Lefkow North. IL 05/11/00 06/16/00 06/27/00 06/30/00 Ricardo Morado South. TX 05/11/00 Michael J. Reagan South. IL (Additional position)j 05/11/00 07/25/00 07/27/00 10/03/00 George Z. Singal ME 05/11/00 06/16/00 06/27/00 06/30/00 K. Gary Sebelius KS 06/06/00 Returned 12/15/00 Kenneth O. Simon North. AL 06/06/00 Returned 12/15/00 John E. Steele Mid. FL 06/06/00 John S. W. Lim HI 06/08/00 Gregory A. Presnell Mid. FL (New position) 06/08/00 07/12/00 07/20/00 07/21/00 James S. Moody, Jr. Mid. FL (New position) 06/08/00 07/12/00 07/20/00 07/21/00 Susan Ritchie Bolton AZ 07/21/00 07/25/00 07/27/00 10/03/00 Mary H. Murguia AZ (New position) 07/21/00 07/25/00 07/27/00 10/03/00 James A. Teilborg AZ (New position) 07/21/00 07/25/00 07/27/00 10/03/00 95-0 vote David Stewart Cercone West. PA 07/27/00 Returned 12/15/00 Harry Peter Litman West. PA 07/27/00 Returned 12/15/00 Valerie K. Couch West. OK 09/07/00 Returned 12/15/00 Marian McClure Johnston East. CA 09/07/00 Returned 12/15/00 Steven E. Achelpohl NE 09/12/00 Returned 12/15/00 Richard W. Anderson MT 09/13/00 Returned 12/15/00 Stephen B. Lieberman East. PA O9/14/00 Returned 12/15/00 Returned 12/15/00 07/12/00 07/20/00 7/21/00 Returned 12/15/00 CRS-30 a Nominee District Melvin C. Hall West. OK Nominated 10/03/00 Hearings Reported Confirmed Returned 12/15/00 Re-submission; see earlier nomination in 103rd Congress. Re-submission; see earlier nomination in 104th Congress. c Hearing held 07/31/96, on earlier nomination in 104th Congress. d Prior to being withdrawn by President Clinton on 03/16/98, the Massiah-Jackson nomination was considered by the Senate on 02/10 and 11/98. e Northern Mariana Islands. f Re-submission; see earlier nomination in 105th Congress. g Hearing held on 10/06/98, on earlier nomination in 105th Congress. h Hearing held on 05/14/98, on earlier nomination in 105th Congress. i Prior to Senate vote on 10/05/99, nomination was considered by the Senate on 10/04/99. j Nomination was made by the President pursuant to 28 U.S.C. 372, which provides for the appointment of an “additional judge” when the majority of the members of the Judicial Council of a district judge’s circuit sign and present to the President a certificate of the judge’s disability and the President in turn finds that the judge is unable to discharge efficiently all of the duties of his office due to permanent disability. Section 372 provides that when an “additional judge” is appointed, the vacancy subsequently caused by the death, resignation or retirement of the disabled judge shall not be filled. b CRS-31 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. As of mid-February 2001, there were no vacant judgeships on the court.24 During his presidency, Mr. Clinton nominated six persons to the Court of International Trade, of whom five received Senate confirmation and were sitting on the court when Mr. Clinton left office. The nomination of the sixth person was returned to the President at the end of the 105th Congress, pursuant to Senate Rule XXXI, after having been referred to the Senate Judiciary Committee and failing to receive committee action. Table 4. Presidential Nominations to the U.S. Court of International Trade During the 103rd-106th Congresses, 1993-2000 Nominee Residence Nominated Hearings Reported Confirmed rd (There were no nominations to this court during the 103 Congress.) 104th Congress Evan J. Wallach NV 06/27/95 07/18/95 08/03/95 08/11/95 Donald C. Pogue CT 06/30/95 08/03/95 08/04/95 08/11/95 105th Congress Judith M. Barzilay NJ 01/27/98 02/25/98 03/05/98 03/11/98 Delissa A. Ridgway DC 01/27/98 02/25/98 03/05/98 03/11/98 Jeffrey G. Stark NY 04/29/98 — — Returned 10/21/98 09/14/99 10/07/99 10/22/99 106th Congress Richard K. Eaton 24 DC 08/03/99 The next vacancy of the Court of International Trade was set to occur on April 2, 2001, upon the scheduled retirement of Judge Richard Goldberg. CRS-32 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 upon either 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 to15-year terms.25 As of mid-February 2001, there were no vacant judgeships on the court. During his tenure in office, President Clinton nominated eight persons to this court—seven during the 105th Congress, and one at the beginning of the 107th Congress, less than three weeks before the end of his presidency. All seven persons nominated during the 105th Congress were confirmed. After being nominated at the start of the 107th Congress, Sarah L. Wilson received from President Clinton a recess appointment to serve on the court until the end of the second session of the 107th Congress. President Clinton made the recess appointment on January 19, 2001, his last full day in office, during an intra-session recess of the Senate. When President Clinton left office the next day, all eight of his appointees (including his recess appointee, Ms. Wilson) were sitting on the court, with the Wilson nomination pending. On March 19, 2001, the Wilson nomination was withdrawn by Mr. Clinton’s successor, President George W. Bush. Two of the persons confirmed had been nominated twice. One of them had been nominated during the 104th Congress, and had his nomination returned to the President at the end of that Congress (after the nomination had been referred to, but not acted on, by the Judiciary Committee). The nomination was re-submitted at the beginning of the 105th Congress, received a Judiciary Committee hearing and then committee approval near the end of the Congress’ second session, and was confirmed when the Senate adjourned sine die, on October 21, 1998. Another person was nominated twice as well, but in her case both nominations were submitted during the 105th Congress. In the period between her first and second nomination she also was appointed to the court by recess appointment. The person receiving the appointment, Christine O. C. Miller, was, at the time, a judge on the court, having already been nominated to serve a second term. The recess appointment was made on December 10, 1997, immediately upon the expiration of the judge’s first term, with the nomination for the second term pending in the Senate. Shortly after the recess appointment, the judge’s nomination was confirmed by the Senate.26 25 Until shortly before President Clinton entered office, the court was called the U.S. Claims Court. The change to the court’s present name was put into effect in October 1992, when Congress passed, and President George Bush signed, the Federal Courts Administration Act of 1992, 106 Stat. 4506 (1992). 26 President Clinton submitted to the Senate a second nomination of Judge Miller early in the second session of the 105th Congress, subsequent to the recess appointment, but prior to the Senate’s February 3, 1998 confirmation of his first nomination of Judge Miller. After Judge Miller’s confirmation, the President neglected to withdraw the second nomination. Ultimately this nomination was returned to the President when Congress adjourned sine die (continued...) CRS-33 Table 5. Presidential Nominations to the U.S. Court of Federal Claims During the 103rd-107th Congresses, 1993-January 20, 2001 Nominee Residence Nominated Hearings Reported Confirmed (There were no nominations to this court during the 103rd Congress.) 104th Congress Lawrence Baskir MD 03/29/96 — — Returned 10/04/96 105th Congress Lawrence Baskir MD 01/07/97 10/06/98 10/08/98 10/21/98 Christine O.C. Miller (Reappointment) DC 11/06/97 11/12/97 11/13/97 02/03/98 a 96-0 vote Christine O.C. Miller DC 01/29/98 — Lynn Jeanne Bush DC 06/22/98 10/06/98 10/08/98 10/21/98 Francis M. Allegra VA 07/30/98 10/06/98 10/08/98 10/21/98 Edward J. Damich VA 09/28/98 10/06/98 10/08/98 10/21/98 Nancy B. Firestone VA 09/28/98 10/06/98 10/08/98 10/21/98 Emily Clark Hewitt MA 09/28/98 10/06/98 10/08/98 10/21/98 — Returned 10/21/98 (There were no nominations to this court during the 106th Congress.) 107th Congress Sarah L. Wilson a MD 01/03/01 b Withdrawn 03/19/01 On 12/10/97, during the last prior recess of the Senate, the nominee had been appointed to the court by presidential “recess appointment.” b On 01/19/01, during an intra-session recess of the Senate, President Clinton also appointed the nominee to the court by recess appointment. 26 (...continued) on October 21, 1998. CRS-34 Nominations to the U.S. Tax Court The U.S. 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 appointed by the President for 15-year terms, with the Senate’s consent. A chief judge is elected biennially by the court’s members. During his presidency, Mr. Clinton nominated nine persons to be judges on the U.S. Tax Court, with all nine receiving Senate confirmation. On January 20, 2001, when President Clinton left office, all nine of his appointees were serving as active judges on the court. Two of the individuals confirmed during the 104th Congress had been nominated once before, during the 103rd Congress. When the earlier nominations failed to receive Senate action by the end of that Congress, they were returned to the President, pursuant to Rule XXXI, paragraph 6, Standing Rules of the Senate. (Hence, during the Clinton presidency, the Senate received eleven nominations to this court, nine of which were confirmed.) Three of President Clinton’s nominations were reappointments of persons appointed to the court by earlier Presidents. Upon being transmitted by the President to the Senate, nominations to this court are referred to the Committee on Finance. As of mid-February 2001, two judgeships on the court were vacant. CRS-35 Table 6. Presidential Nominations to the U.S. Tax Court During the 103rd-106th Congresses, 1993-2000 Nominee Residence Nominated Hearings Reported Confirmed 103rd Congress Herbert L. Chabot (Reappointment) MD 09/07/93 09/29/93 09/30/93 10/07/93 Maurice B. Foley CA 09/15/94 — — Returned 11/14/94 Juan F. Vasquez TX 09/15/94 — — Returned 11/14/94 104th Congress a Maurice B. Foley CA 01/05/95 02/16/95 03/08/95 03/17/95 Juan F. Vasquez a TX 01/05/95 02/16/95 03/08/95 03/17/95 Joseph H. Gale VA 10/10/95 11/30/95 11/30/95 12/22/95 105th Congress Mary Ann Cohen CA 09/19/97 10/29/97 10/29/97 10/30/97 Michael B. Thornton VA 10/08/97 01/28/98 02/10/98 02/12/98 L. Paige Marvel MD 10/24/97 01/28/98 02/10/98 02/12/98 106th Congress a Joel Gerber (Reappointment) VA 09/12/00 10/11/00 Discharged b 10/24/00 10/24/00 Stephen J. Swift (Reappointment) VA 09/12/00 10/11/00 Discharged b 10/24/00 10/24/00 Re-submission; see earlier nomination in 103rd Congress. The Senate discharged the Senate Committee on Finance from further consideration of the nomination by unanimous consent. b CRS-36 Nominations to the U.S. Court of Appeals for Veterans Claims The U.S. Court of Appeals for Veterans Claims27 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.28 As of mid-February 2001, with six judges sitting on the court, there was one judicial position vacant. Upon being transmitted by the President to the Senate, nominations to this court are referred to the Committee on Veterans’ Affairs. During President Clinton’s tenure in office, only one judicial vacancy occurred on this court, in May 1996. The President’s nominee to fill that vacancy was confirmed by the Senate at the end of the first session of the 105th Congress and was serving on the court when President Clinton left office. Table 7. Presidential Nominations to the U.S. Court of Appeals for Veterans Claims During the 103rd-106th Congresses, 19932000 Nominee Residence Nominated Hearings Reported Confirmed (There were no nominations to this court during the 103rd or 104th Congress.) 105th Congress William P. Greene, Jr. WV 05/19/97 10/30/97 11/04/97 11/05/97 (There were no nominations to this court during the 106th Congress.) 27 Formerly named the U.S. Court of Veterans Appeals, the court effective March 1, 1999 was renamed the U.S. Court of Appeals for Veterans Claims, pursuant to enactment on November 11, 1998 of Public Law 105-368 (Sec. 511), Veterans Programs Enhancement Act of 1998, 112 Stat. 3341. 28 The court was statutorily established on November 18, 1988, upon President Ronald Reagan’s signing of the Veterans’ Administration Adjudication Procedure and Judicial Review Act (102 Stat. 4105, 38 U.S.C. 4051). The mandating act, at 102 Stat. 4114, provides that, “Not more than the number equal to the next whole number greater than onehalf 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. During the 101st Congress (1989-1990), President George Bush nominated seven persons to the court, all of whom received Senate confirmation. CRS-37 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 for a term of 15 years, subject to mandatory retirement at age 74. (The chief judge is designated by the Judicial Nomination Commission.) During his tenure in office, President Clinton nominated 24 individuals to the Superior Court. Twenty-two of them received Senate confirmation, while the nominations of the other two persons were returned to the President at the sine die adjournment of the 106th Congress. All but one of the 22 confirmed Clinton appointees continued to serve on the court when President Clinton left office on January 20, 2001.29 Two of the 24 individuals selected by the President to be Superior Court judges were nominated twice—initially during the 104th Congress (at the end of which their nominations were returned to the President), and again at the beginning of the 105th Congress. The Senate confirmed one of the two nominees during the first session of the 105th Congress and confirmed the other at the end of the 105th Congress’ second session. Besides those nominated by the President, 17 Superior Court associate judges, whose terms had expired during the Clinton presidency, were subsequently reappointed by the District of Columbia Commission on Judicial Disabilities and Tenure.30 As of mid-February 2001, there were two Superior Court vacancies. Upon being transmitted by the President to the Senate, nominations to this court are referred to the Committee on Governmental Affairs. 29 Judge Eric T. Washington, one of the 22 Clinton appointees, vacated his position on the Superior Court upon being confirmed by the Senate to the District of Columbia Court of Appeals on May 26, 1999. 30 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 or her 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. 1995). CRS-38 Table 8. Presidential Nominations to the Superior Court of the District of Columbia During the 103rd-106th Congresses, 1993-2000 Nominee Nominated Hearings Reported Confirmed Russell F. Canan 03/04/93 08/03/93 08/05/89 08/06/93 Rafael Diaz 10/18/93 02/23/94 03/23/94 03/25/94 Judith Bartnoff 01/28/94 06/29/94 07/14/94 07/15/94 Zoe Bush 04/11/94 06/29/94 07/14/94 07/15/94 Rhonda Reid Winston 04/11/94 06/29/94 07/14/94 07/15/94 th 104 Congress Ronna Lee Beck 01/04/95 05/22/95 05/25/95 05/25/95 Linda Kay Davis 01/04/95 05/22/95 05/25/95 05/25/95 Eric T. Washington 01/04/95 05/22/95 05/25/95 05/25/95 Robert E. Morin 12/18/95 03/25/96 04/18/96 07/26/96 Mary Ann Gooden Terrell 06/06/96 10/03/96 — Returned 10/04/96 Patricia A. Broderick 09/30/96 Returned 10/04/96 105th Congress 02/11/97 Mary Ann a Gooden Terrell a b 05/22/97 07/31/97 Patricia A. Broderick 02/11/97 09/03/98 09/24/98 10/21/98 John M. Campbell 09/02/97 10/30/97 11/05/97 11/07/97 Anita M. Josey 09/02/97 10/30/97 11/05/97 11/05/97 Melvin R. Wright 02/24/98 04/01/98 04/01/98 04/02/98 Natalia Combs Greene 05/01/98 09/03/98 09/24/98 10/21/98 Neal E. Kravitz 05/01/98 09/03/98 09/24/98 10/21/98 106th Congress a b Hiram E. Puig-Lugo 01/06/99 04/20/99 05/20/99 05/26/99 Anna Blackburne-Rigsby 10/26/99 05/10/00 06/14/00 06/27/00 Thomas J. Motley 10/26/99 05/10/00 06/14/00 06/27/00 John McAdam Mott 03/20/00 05/10/00 06/14/00 06/27/00 John Ramsey Johnson 05/01/00 09/13/00 09/27/00 10/26/00 Tamar Meekins 06/26/00 Gerald Fisher 06/26/00 Andrew Fois 07/20/00 Returned 12/15/00 09/13/00 Re-submission; see earlier nomination in 104th Congress. Hearing held 10/03/96, on earlier nomination in 104th Congress. 09/27/00 10/26/00 Returned 12/15/00 CRS-39 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 for a term of 15 years, subject to mandatory retirement at age 74. Nominations to this court are referred to the Committee on Governmental Affairs. During his tenure in office, President Clinton submitted five Court of Appeals nominations to the Senate—one each during the 103rd, 104th, and 105th Congresses and two during the 106th Congress. Four of the five nominees were confirmed and were sitting on the court when President Clinton left office on January 20, 2001. The one nomination failing to be confirmed was returned to the President at the sine die adjournment of the second session of the 105th Congress, after failing to receive committee action. Besides those nominated by the President, two District of Columbia Court of Appeals judge, whose term expired during the Clinton presidency, subsequently were reappointed by the District of Columbia Commission on Judicial Disabilities and Tenure.31 As of mid-February 2001, there were no vacant judgeships on this court. Table 9. Presidential Nominations to the District of Columbia Court of Appeals During the 103rd-106th Congresses, 1993-2000 Nominee Nominated Hearings Reported Confirmed rd 103 Congress Vanessa Ruiz 07/12/94 10/04/94 10/05/94 10/07/94 05/25/95 05/25/95 th 104 Congress Inez Smith Reid 02/22/95 05/22/95 105th Congress Emilio W. Cividanes 01/27/98 — Returned 10/21/98 106th Congress Stephen H. Glickman 01/06/99 04/20/99 05/20/99 05/26/99 Eric T. Washington 01/06/99 04/20/99 05/20/99 05/26/99 31 See preceding footnote for explanation of, and statutory basis for, the process by which judges on the Superior Court of the District of Columbia or on the District of Columbia Court of Appeals are reappointed upon the expiration of their terms. CRS-40 Nominations to the U.S. Court of Appeals for the Armed Forces Subject only to certiorari review by the Supreme Court of the United States, the U.S. Court of Appeals for the Armed Forces serves as the final appellate tribunal to review court martial convictions in all the armed services.32 It is exclusively an appellate criminal court, consisting of five civilian judges, appointed to 15-year terms. No more than three of the judges may be affiliated with the same political party. As of mid-February 2001, there were no vacancies on the court. During his tenure in office, President Clinton nominated two persons to sit on the court. The first nomination was confirmed by the Senate during the second session of the 104th Congress, after being referred to and then reported favorably by the Committee on Armed Services. The second nomination was confirmed during the second session of the 106th Congress. Both of his appointees were sitting on the court when President Clinton left office on January 20, 2001. Table 10. Presidential Nominations to the U.S. Court of Appeals for the Armed Forces During the 103rd-106th Congresses, 1993-2000 Nominee Residence Nominated Hearings Reported Confirmed (There were no nominations to this court during the 103rd Congress.) 104th Congress Andrew S. Effron VA 06/21/96 07/09/96 07/10/96 07/12/96 (There were no nominations to this court during the 105th Congress.) 106th Congress James Edgar Baker 32 VA 05/02/00 07/26/00 07/27/00 09/08/01 Until near the end of the 103rd Congress, the court had been called the U.S. Court of Military Appeals. The change to the court’s present name was put into effect in October 1994 by Section 924(a)(1) of Public Law 103-337, the National Defense Authorization Act for Fiscal Year 1995.