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Bill Clinton judicial appointment controversies

During President Bill Clinton's first and second terms of office, he nominated 24 people for 20 federal appellate judgeships but the nominees were not processed by the Republican-controlled Senate Judiciary Committee. Three of the nominees who were not processed (Christine Arguello, Andre M. Davis and S. Elizabeth Gibson) were nominated after July 1, 2000, the traditional start date of the unofficial Thurmond Rule during a presidential election year. Democrats claim that Senate Republicans of the 106th Congress purposely tried to keep open particular judgeships as a political maneuver to allow a future Republican president to fill them. Of the 20 seats in question, four were eventually filled with different Clinton nominees, fourteen were later filled with Republican nominees by President George W. Bush and two continued to stay open during Bush's presidency. Senator Harry Reid, the Democratic leader of the United States Senate during the 110th Congress, and Senator Patrick Leahy, the Democratic leader of the Senate Judiciary Committee under Reid, repeatedly mentioned the controversy over President Clinton's court of appeals nominees during the controversy involving the confirmation of Republican court of appeals nominees during the last two years of Bush's second term. Republicans claimed that Democrats were refusing to confirm certain longstanding Bush nominees in order to allow a future Democratic president in 2009 to fill those judgeships.

During his presidency, Clinton also nominated 45 people for 42 federal district judgeships who were never confirmed by the United States Senate and successfully nominated 66 people for appellate judgeships.

List of unsuccessful federal judicial nominations

Clinton made 72 nominations for federal judgeships that were not confirmed by the Senate. Of these, one, Ronnie L. White, was rejected by the Senate, 11 were withdrawn by President Clinton, 10 were withdrawn by President George W. Bush, while the other 50 expired at an adjournment of the Senate, including 32 that were pending at the close of the 106th Congress. Eleven of his unsuccessful nominees were subsequently nominated to federal judgeships by other presidents, and all 11 were confirmed.

NomineeCourtNomination
date		Date of
final action		Final actionSubsequent federal judicial nominationsSeat filled byRef.
Courts of appeals
Charles Stack11th Cir.October 27, 1995May 13, 1996withdrawn by Pres. ClintonStanley Marcus[1]
James A. Beaty Jr.4th Cir.December 22, 1995October 21, 1998returned to the presidentJames A. Wynn Jr.[2][3]
J. Rich Leonard4th Cir.December 22, 1995October 4, 1996returned to the presidentRoger Gregory[4]
Helene White6th Cir.January 7, 1997March 19, 2001withdrawn by Pres. Bush6th Cir. (nominated April 15, 2008, confirmed June 24, 2008)Richard Allen Griffin[5][6][7]
James Ware9th Cir.June 27, 1997November 7, 1997withdrawn by Pres. ClintonKim McLane Wardlaw[8]
Jorge Rangel5th Cir.July 24, 1997October 21, 1998returned to the presidentPriscilla Richman[9]
Robert S. Raymar3rd Cir.June 5, 1998October 21, 1998returned to the presidentMaryanne Trump Barry[10]
Barry Goode9th Cir.June 24, 1998March 19, 2001withdrawn by Pres. BushCarlos Bea[11][12][13]
Barbara Durham9th Cir.January 26, 1999August 5, 1999returned to the presidentRichard C. Tallman[14]
Alston Johnson5th Cir.April 22, 1999March 19, 2001withdrawn by Pres. BushEdith Brown Clement[15][16]
James E. Duffy Jr.9th Cir.June 17, 1999March 19, 2001withdrawn by Pres. BushRichard Clifton[17][18]
Elena KaganD.C. Cir.June 17, 1999December 15, 2000returned to the presidentSCOTUS (nominated May 10, 2010, confirmed August 5, 2010)John Roberts[19]
James A. Wynn Jr.4th Cir.August 5, 1999March 19, 2001withdrawn by Pres. Bush4th Cir. (nominated November 4, 2009, confirmed August 5, 2010)Himself[20][21]
Kathleen McCree Lewis6th Cir.September 16, 1999March 19, 2001withdrawn by Pres. BushSusan Bieke Neilson[22][23]
Enrique Moreno5th Cir.September 16, 1999March 19, 2001withdrawn by Pres. BushPriscilla Richman[24][25]
James Lyons10th Cir.September 22, 1999June 6, 2000withdrawn by Pres. ClintonTimothy Tymkovich[26]
Allen SnyderD.C. Cir.September 22, 1999December 15, 2000returned to the presidentThomas B. Griffith[27]
Kent Markus6th Cir.February 9, 2000December 15, 2000returned to the presidentJeffrey Sutton[28]
Robert J. Cindrich3rd Cir.February 9, 2000December 15, 2000returned to the presidentD. Brooks Smith[29]
Bonnie Campbell8th Cir.March 2, 2000March 19, 2001withdrawn by Pres. BushMichael Joseph Melloy[30][31]
Stephen Orlofsky3rd Cir.May 25, 2000December 15, 2000returned to the presidentMichael Chertoff[32]
Roger Gregory[a]4th Cir.June 30, 2000March 19, 2001withdrawn by Pres. Bush4th Cir. (nominated May 9, 2001, confirmed July 20, 2001)Himself[33][34]
Christine Arguello10th Cir.July 27, 2000December 15, 2000returned to the presidentD. Colo. (nominated July 10, 2008, confirmed September 26, 2008)Timothy Tymkovich[35]
Andre M. Davis4th Cir.October 6, 2000December 15, 2000returned to the president4th Cir. (nominated April 2, 2009, confirmed November 9, 2009)Himself[36]
S. Elizabeth Gibson4th Cir.October 26, 2000December 15, 2000returned to the presidentAllyson K. Duncan[37]
District courts
Theodore KleinS.D. Fla.November 1, 1993November 14, 1994returned to the presidentDonald M. Middlebrooks[38]
R. Samuel PazC.D. Cal.March 24, 1994November 14, 1994returned to the presidentGeorge H. King[39]
Judith D. McConnellS.D. Cal.August 5, 1994November 14, 1994returned to the presidentBarry Ted Moskowitz[40]
John R. TaitD. IdahoAugust 25, 1994November 14, 1994returned to the presidentB. Lynn Winmill[41]
John D. SnodgrassN.D. Ala.September 22, 1994September 5, 1995withdrawn by Pres. ClintonCharles Lynwood Smith Jr.[42][43]
Patrick J. Toole Jr.M.D. Pa.September 26, 1994November 14, 1994returned to the presidentA. Richard Caputo[44]
Wenona Y. WhitfieldS.D. Ill.March 23, 1995October 4, 1996returned to the presidentDavid R. Herndon[45]
Leland M. ShurinW.D. Mo.April 4, 1995September 5, 1995withdrawn by Pres. ClintonGary A. Fenner[46]
John H. Bingler Jr.W.D. Pa.July 21, 1995February 12, 1998withdrawn by Pres. ClintonArthur J. Schwab[47][48]
Bruce W. GreerS.D. Fla.August 1, 1995May 13, 1996withdrawn by Pres. ClintonDonald M. Middlebrooks[49]
Clarence J. SundramN.D.N.Y.September 29, 1995October 21, 1998returned to the presidentDavid N. Hurd[50][51]
Sue E. MyerscoughC.D. Ill.October 11, 1995October 4, 1996returned to the presidentC.D. Ill. (nominated June 17, 2010, confirmed March 7, 2011)Michael P. McCuskey[52]
Cheryl B. WattleyN.D. Tex.December 12, 1995October 4, 1996returned to the presidentSam A. Lindsay[53]
Michael D. SchattmanN.D. Tex.December 19, 1995July 31, 1998withdrawn by Pres. ClintonBarbara M. Lynn[54][55]
Anabelle RodriguezD.P.R.January 26, 1996October 21, 1998returned to the presidentJay A. García-Gregory[56][57]
Lynne R. LasryS.D. Cal.February 12, 1997February 12, 1998withdrawn by Pres. ClintonThomas J. Whelan[58]
Ronnie L. WhiteE.D. Mo.June 26, 1997October 5, 1999rejected by the SenateE.D. Mo. (nominated November 7, 2013, confirmed July 16, 2014)Henry Autrey[59][60]
Frederica Massiah-JacksonE.D. Pa.July 31, 1997March 16, 1998withdrawn by Pres. ClintonPetrese B. Tucker[61]
Jeffrey D. ColmanN.D. Ill.July 31, 1997October 21, 1998returned to the presidentRonald A. Guzman[62]
James W. KleinD.D.C.January 27, 1998December 15, 2000returned to the presidentJohn D. Bates[63][64]
Robert A. FreedbergE.D. Pa.April 23, 1998October 21, 1998returned to the presidentPetrese B. Tucker[65]
Lynette NortonW.D. Pa.April 29, 1998December 15, 2000returned to the presidentArthur J. Schwab[66][67]
Legrome D. DavisE.D. Pa.July 30, 1998December 15, 2000returned to the presidentE.D. Pa. (nominated January 23, 2002, confirmed April 18, 2022)Himself[68][69]
J. Rich LeonardE.D.N.C.March 24, 1999December 15, 2000returned to the presidentJames C. Dever III[70]
Frank H. McCarthyN.D. Okla.April 30, 1999December 15, 2000returned to the presidentClaire Eagan[71]
Patricia A. CoanD. Colo.May 27, 1999December 15, 2000returned to the presidentRobert E. Blackburn[72]
Dolly GeeC.D. Cal.May 27, 1999December 15, 2000returned to the presidentC.D. Cal. (nominated August 6, 2009, confirmed December 24, 2009)John F. Walter[73]
Fredric D. WoocherC.D. Cal.May 27, 1999December 15, 2000returned to the presidentPercy Anderson[74]
Gail S. TusanN.D. Ga.August 3, 1999March 27, 2000withdrawn by Pres. ClintonBeverly B. Martin[75]
Steven D. BellN.D. OhioAugust 5, 1999December 15, 2000returned to the presidentJohn R. Adams[76]
Rhonda C. FieldsD.D.C.November 17, 1999December 15, 2000returned to the presidentReggie Walton[77]
S. David FinemanE.D. Pa.March 9, 2000December 15, 2000returned to the presidentCynthia M. Rufe[78]
Linda B. RiegleD. Nev.April 25, 2000December 15, 2000returned to the presidentLarry R. Hicks[79]
Ricardo MoradoS.D. Tex.May 11, 2000December 15, 2000returned to the presidentAndrew Hanen[80]
K. Gary SebeliusD. Kan.June 6, 2000December 15, 2000returned to the presidentJulie A. Robinson[81]
Kenneth O. SimonN.D. Ala.June 6, 2000December 15, 2000returned to the presidentKaron O. Bowdre[82]
John S. W. LimD. Haw.June 8, 2000December 15, 2000returned to the presidentJohn Michael Seabright[83]
David S. CerconeW.D. Pa.July 27, 2000December 15, 2000returned to the presidentW.D. Pa. (nominated March 21, 2002, confirmed August 1, 2002)vacancy nullified[84]
Harry LitmanW.D. Pa.July 27, 2000December 15, 2000returned to the presidentJoy Flowers Conti[85]
Valerie K. CouchW.D. Okla.September 7, 2000December 15, 2000returned to the presidentStephen P. Friot[86]
Marian McClure JohnstonE.D. Cal.September 7, 2000December 15, 2000returned to the presidentMorrison C. England Jr.[87]
Steven E. AchelpohlD. Neb.September 12, 2000December 15, 2000returned to the presidentLaurie Smith Camp[88]
Richard W. AndersonD. Mont.September 13, 2000December 15, 2000returned to the presidentSam E. Haddon[89]
Stephen B. LiebermanE.D. Pa.September 14, 2000December 15, 2000returned to the presidentTimothy J. Savage[90]
Melvin C. HallW.D. Okla.October 3, 2000December 15, 2000returned to the presidentJoe L. Heaton[91]
Court of International Trade
Jeffrey G. StarkIntl. TradeApril 29, 1998October 21, 1998returned to the presidentRichard K. Eaton[92]
Article I courts
Sarah L. Wilson[b]Fed. Cl.January 3, 2001March 19, 2001withdrawn by Pres. BushMary Ellen Coster Williams[93]

Failed appellate nominees

Others who were nominated or considered for nomination to federal appellate courts

While not a controversy, one other Clinton appellate court nominee, Barbara Durham, withdrew before being confirmed, but not because of Republican opposition. Rather, Durham, a conservative jurist whom Clinton nominated to the United States Court of Appeals for the Ninth Circuit as part of a deal with then-Washington Sen. Slade Gorton, withdrew because of illness. Clinton instead nominated Republican lawyer Richard Tallman of Seattle to the seat to which he had nominated Durham, and Tallman was confirmed in 2000.

While he was never formally nominated to the United States Court of Appeals for the District of Columbia Circuit, Peter Edelman was strongly considered by Clinton for a seat on that appeals court in late 1994. After the influential Republican member of the U.S. Senate Judiciary Committee Sen. Orrin Hatch informed Clinton that he had intended to oppose Edelman's nomination, Clinton dropped plans to nominate Edelman to the D.C. Circuit, choosing Merrick Garland instead.[94]

In its November 1997 issue, the American Spectator reported that President Clinton had intended to nominate Teresa Wynn Roseborough in 1997 to a vacant seat on the United States Court of Appeals for the Eleventh Circuit after Judge Phyllis A. Kravitch took senior status. The American Spectator noted, however, that Sen. Orrin Hatch, the then-chairman of the U.S. Senate Judiciary Committee, had "balked" at the idea of Roseborough, who was one of four finalists (the others were Leah Ward Sears, Clarence Cooper and Frank M. Hull) and had "suggested that a more moderate Clinton-appointed U.S. district judge, Frank Hull, would have clear sailing." Indeed, Frank M. Hull was confirmed by the Senate in a 96-0 vote in September 1997.[95]

Failed district court nominees

During his presidency, Clinton nominated 45 people for 42 different federal district judgeships to federal district courts who were never confirmed by the U.S. Senate. Like the appellate court nominations mentioned above, many of these nominees were blocked by Republicans either in the Senate Judiciary Committee, which was controlled by Republicans for six of the eight years of Clinton’s presidency, or on the Senate floor, where one nominee, Ronnie L. White, was defeated by senators.

Of the 42 federal district judgeship vacancies in question, 17 eventually were filled with different Clinton nominees, 24 were filled by nominees of President George W. Bush and one never ended up becoming vacant because the district judge holding it never received confirmation to be elevated to an appellate court. Of Clinton's 45 failed district court nominees, four, Legrome D. Davis, David S. Cercone, Dolly M. Gee and Sue E. Myerscough, subsequently were nominated by Presidents George W. Bush and Barack Obama to federal district judgeships and then confirmed by the Senate.

The failed Clinton district court nominees:

See also

Notes

References


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