U.S. District Court Nominees Confirmed During the First Three Years of the Biden Presidency: Overview and Analysis
INSIGHTi
U.S. District Court Nominees Confirmed
During the First Three Years of the Biden
Presidency: Overview and Analysis
January 4, 2024
This Insight provides statistics related to the nomination and confirmation of U.S. district court nominees
during the first three years of the Biden presidency. This Insight also provides comparative statistics from
each of the presidencies of President Joe Biden’s three immediate predecessors—Presidents Donald
Trump, Barack Obama, and George W. Bush.
For the purposes of this Insight, a President’s first three years in office is measured as the period from
when a President first takes the oath of office during his first calendar year in office (i.e., January 20) to
December 31 of his third calendar year in office. So, for example, President Biden’s first three years in
office is represented by the period from January 20, 2021, to December 31, 2023.
The statistics provided below for district court nominees confirmed during the first three years of a
presidency do not always reflect the final statistics that characterize all of the district court nominees
confirmed during that President’s entire time in office.
For additional historical statistics related to the nomination and confirmation of U.S. circuit and district
court nominees, see CRS Report R45622.
Number and Percentage of Nominees Confirmed
As of December 31, 2023, President Biden nominated 150 individuals to U.S. district court judgeships, of
whom 126 (84%) were confirmed by this same date.
During the first three years of the Trump presidency, 173 individuals were nominated to district court
judgeships, of whom 133 (77%) were confirmed by December 31, 2019.
During the Obama and George W. Bush presidencies, 133 and 165 individuals were nominated,
respectively, with 97 (73%) and 138 (84%) confirmed, respectively, by the end of the third year of each
presidency.
Congressional Research Service
https://crsreports.congress.gov
IN12295
CRS INSIGHT
Prepared for Members and
Committees of Congress
link to page 2
Congressional Research Service
2
Demographic Characteristics
Figure 1 shows the numerical breakdown by gender and race for U.S. district court nominees who were
confirmed during the first three years of each presidency included in the analysis.
Gender
Of the 126 district court nominees confirmed during the first three years of the Biden presidency, 78
(62%) were women and 48 (38%) were men.
This represents the only instance during the first three years of any presidency for which a majority of
district court nominees confirmed by the Senate were women.
The percentages of district court nominees confirmed during the first three years of the Trump, Obama,
and Bush presidencies who were women were 26%, 47%, and 19%, respectively.
Overall, as of December 31, 2023, 385 (62%) of all active district court judges were men and 241 (38%)
were women.
Figure 1. Demographic Characteristics
Source: Congressional Research Service compilation of public data.
Race
Of the 126 district court nominees confirmed during the first three years of the Biden presidency, 44
(35%) were White, 33 (26%) were Black, 20 (16%) were Hispanic, 17 (14%) were Asian American, and
12 (10%) were another race or ethnicity (or multiracial). For the purposes of this Insight, the Hispanic
link to page 3
Congressional Research Service
3
category is treated as a nonwhite category (but individuals who identify as Hispanic or Latino may be of
any race).
The group of district court nominees confirmed during the first three years of the Biden presidency is the
most racially diverse group of district court nominees confirmed by the Senate during the first three years
of any presidency (in terms of both the number and percentage of nonwhite nominees).
For the Trump, Obama, and Bush presidencies, the percentages of district court nominees confirmed
during the first three years of each presidency who were White were 85%, 66%, and 85%, respectively.
The percentages of such nominees who were Black were 5%, 16%, and 7%, respectively, while the
percentages of nominees who were Hispanic were 5%, 10%, and 8%, respectively.
The percentages of such nominees who were Asian American were 4%, 6%, and less than 1%,
respectively, while the percentages of nominees in the Other category were 2%, 1%, and 0%, respectively.
Overall, as of December 31, 2023, 418 (67%) of all active district court judges were White, 91 (15%)
were Black, 59 (9%) were Hispanic, 33 (5%) were Asian American, and 25 (4%) were included in the
Other category.
ABA Ratings
Figure 2 shows the breakdown of ratings given by the American Bar Association (ABA) to district court
nominees confirmed during the first three years of the Biden presidency (as well as during the first three
years of the other presidencies included in the analysis). Each nominee received a rating of Well
Qualified, Qualified, or Not Qualified.
Of the 126 district court nominees confirmed during the first three years of the Biden presidency, 106
(84%) received a rating of Well Qualified and 20 (16%) received a rating of Qualified. No district court
nominee confirmed during this period received a rating of Not Qualified.
Figure 2. Ratings by the American Bar Association
Source: Congressional Research Service compilation of public data.
For the Trump, Obama, and Bush presidencies, the percentages of district court nominees confirmed
during the first three years of each presidency rated as Well Qualified were 59%, 66%, and 69%,
respectively. The percentages rated as Qualified were 38%, 34%, and 30%, respectively, while the
percentages rated as Not Qualified were 4%, 0%, and less than 1%, respectively.
link to page 4
Congressional Research Service
4
Number of “Nay” Votes When Confirmed
Figure 3 shows the number of district court nominees confirmed by voice vote, unanimous consent, or
roll call vote during the first three years of each presidency—and, if confirmed by roll call vote, the
number of “nay” votes received when confirmed.
Of the 126 district court nominees confirmed during the first three years of the Biden presidency, 5 (4%)
were confirmed by voice vote or unanimous consent and 121 (96%) were confirmed by roll call vote.
Of those confirmed by roll call vote, a majority (85, or 70%) received more than 40 “nay” votes when
confirmed.
Figure 3. Number of “Nay” Votes When Confirmed
Source: Congressional Research Service compilation of public data.
During the first three years of the Trump and Obama presidencies, pluralities of district court nominees
were confirmed by voice vote/unanimous consent (25% and 48%, respectively). Of the 100 district court
nominees confirmed by roll call during the first three years of the Trump presidency, 24 (24%) received
more than 40 nay votes.
During the Bush presidency, a majority of nominees (58%) were confirmed by roll call vote and received
zero nay votes.
Congressional Research Service
5
Author Information
Barry J. McMillion
Analyst in American National Government
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United
States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However,
as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the
permission of the copyright holder if you wish to copy or otherwise use copyrighted material.
IN12295 · VERSION 1 · NEW