U.S. Circuit Court Nominees Confirmed Through February 15 of President Biden’s Fourth Year in Office: Overview and Comparative Analysis

U.S. Circuit Court Nominees Confirmed Through February 15 of President Biden’s Fourth Year in Office: Overview and Comparative Analysis

INSIGHTi

U.S. Circuit Court Nominees Confirmed
Through February 15 of President Biden’s
Fourth Year in Office: Overview and
Comparative Analysis
February 26, 2024
This Insight provides statistics related to the nomination and confirmation of U.S. circuit court nominees
through February 15, 2024, of the Biden presidency. This Insight also provides comparative statistics
through February 15 of the fourth year of the presidencies of President Joe Biden’s three immediate
predecessors—Presidents Donald Trump, Barack Obama, and George W. Bush. So, for example, statistics
presented for the Trump presidency are for the period January 20, 2017, to February 15, 2020.
The statistics provided below for circuit court nominees confirmed as of February 15 of a President’s
fourth year in office do not always reflect the final statistics that characterize all of the circuit court
nominees confirmed during a 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, Judicial Nomination Statistics and Analysis: U.S. Circuit and
District Courts, 1977-2022.
Number and Percentage of Nominees Confirmed
As of February 15, 2024, President Biden nominated 45 individuals to U.S. circuit court judgeships, of
whom 40 (89%) were confirmed by that same date.
As of February 15, 2020, during the Trump presidency, 53 individuals were nominated to circuit court
judgeships, of whom 51 (96%) were confirmed by that same date.
During the Obama and George W. Bush presidencies, 41 and 51 individuals were nominated, respectively,
as of February 15 of each President’s fourth year in office, with 26 (63%) and 30 (59%) confirmed,
respectively, by that same date.
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Demographic Characteristics
Figure 1 shows the numerical breakdown by gender and race for U.S. circuit court nominees who were
confirmed as of February 15 of the fourth year of each presidency included in the analysis.
Gender
Of the 40 circuit court nominees confirmed as of February 15, 2024, during the Biden presidency, 29
(73%) were women and 11 (28%) were men.
The percentages of circuit court nominees confirmed as of February 15 during the fourth years of the
Trump, Obama, and Bush presidencies who were women were 22%, 35%, and 23%, respectively.
Overall, as of February 15, 2024, 104 (59%) of all active circuit court judges serving on the federal bench
were men and 72 (41%) were women.
Figure 1. Demographic Characteristics
Confirmed U.S. Circuit Court Nominees

Source: Congressional Research Service compilation of public data.
Race
Of the 40 circuit court nominees confirmed as of February 15, 2024, during the Biden presidency, 14
(35%) were Black, 13 (33%) were White, 7 (18%) were Hispanic, and 6 (15%) were Asian American. For
the purposes of this Insight, the Hispanic category is treated as a nonwhite category (but individuals who
identify as Hispanic or Latino may be of any race).
For the Trump, Obama, and Bush presidencies, the percentages of circuit court nominees confirmed as of
February 15 of the fourth year of each presidency who were White were 84%, 54%, and 77%,
respectively.

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The percentages of such nominees who were Black were 0%, 27%, and 13%, respectively, while the
percentages of nominees who were Hispanic were 2%, 15%, and 10%, respectively. The percentages of
such nominees who were Asian American were 14%, 4%, and 0%, respectively.
Overall, as of February 15, 2024, 120 (68%) of all active circuit court judges serving on the federal bench
were White, 24 (14%) were Black, 16 (9%) were Hispanic, and 16 (9%) were Asian American.
ABA Ratings
Figure 2 shows, as of February 15, 2024, the breakdown of ratings given by the American Bar
Association (ABA) to circuit court nominees confirmed during the Biden presidency (as well as ratings
given to nominees confirmed during comparable periods of the other presidencies included in the
analysis). Each nominee received a rating of Well Qualified, Qualified, or Not Qualified.
Of the 40 circuit court nominees confirmed as of February 15, 2024, during the Biden presidency, 32
(80%) received a rating of Well Qualified and 8 (20%) received a rating of Qualified. No circuit court
nominee confirmed during this period received a rating of Not Qualified.
Figure 2. Ratings by the American Bar Association
Confirmed U.S. Circuit Court Nominees

Source: Congressional Research Service compilation of public data.
For the Trump, Obama, and Bush presidencies, the percentages of circuit court nominees confirmed
during the comparable periods of each presidency who were rated as Well Qualified were 73%, 73%, and
63%, respectively. The percentages rated as Qualified were 22%, 27%, and 37%, respectively, while the
percentages rated as Not Qualified were 6%, 0%, and 0%, respectively.
Number of “Nay” Votes When Confirmed
Figure 3 shows the number of circuit court nominees confirmed by voice vote, unanimous consent, or roll
call vote as of February 15 of the fourth year of each presidency—and, if confirmed by roll call vote, the
number of “nay” votes received when confirmed.
Of the 40 circuit court nominees confirmed as of February 15, 2024, during the Biden presidency, all were
confirmed by roll call vote (i.e., none were confirmed by voice vote or unanimous consent). A majority of
nominees (26, or 65%) received more than 40 nay votes when confirmed.

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Figure 3. Number of “Nay” Votes When Confirmed
U.S. Circuit Court Nominees

Source: Congressional Research Service compilation of public data.
Of the 51 circuit court nominees confirmed as of February 15, 2020, during the Trump presidency, all
were confirmed by roll call vote. A majority of nominees (32, or 63%) received more than 40 nay votes
when confirmed.
During comparable periods of the Obama and Bush presidencies, five circuit court nominees apiece were
confirmed by voice vote or unanimous consent (representing 19% and 17% of confirmed nominees,
respectively). Of the nominees confirmed by roll call vote, a majority of nominees confirmed during
comparable periods of each presidency did not receive any nay votes when confirmed (specifically, 12 of
21, or 57%, during the Obama presidency and 16 of 25, or 64%, during the Bush presidency).

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.

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