Returns and Resubmissions of Nominees to the U.S. Courts of Appeals and District Courts, 1977-2006

Returns and Resubmissions of Nominees
to the U.S. Courts of Appeals and
District Courts, 1977-2006
January 26, 2007
Kevin M. Scott
Analyst in American National Government
Government and Finance Division

Returns and Resubmissions of Nominees to the U.S.
Courts of Appeals and District Courts, 1977-2006
Summary
This report provides basic data on all nominees to the courts of appeals and
district courts whose nominations have been resubmitted from 1977 through 2006.
During this period, the Senate returned to the President 243 nominations to the
district courts and 145 nominations to the courts of appeals. The 107^th Congress had
the most returns (71) since 1977, followed by the 102^nd Congress (55 returns) and the
109^th Congress (50 returns). Between 1977 and 2006, 16.9% of district court
nominations were returned; 31.5% of courts of appeals nominations were returned
to the President in the same time frame.
The President resubmitted the nominations of 197 individuals to the Senate
between 1977 and 2006. Thirty-two of those 197 individuals were renominated by
a President different from the President who originally nominated them. Eleven of
those 32 individuals (10 to district courts, one to the courts of appeals) were
nominated by a President whose party was different from the original nominating
P resi dent ’s.
Of 288 individuals nominated to the courts of appeals only one time between
1977 and 2006, 249 (86.5%) were confirmed; 48 of the 70 (68.6%) courts of appeals
nominees nominated more than once were confirmed. Of 1,174 individuals
nominated to the district courts only once between 1977 and 2006, 1,059 (90.2%)
were confirmed; 112 of 127 (88.2%) of district court nominees who were nominated
more than once were confirmed.
The data used throughout the report come from the Congressional Research
Service Judicial Nominations Database, built using data from the Journal of the
Executive Proceedings of the Senate and supplemented by the Legislative
Information Service (LIS) database. The resubmission tables may be used to
complement CRS Report RL31868, U.S. Circuit and District Court Nominations by
President George W. Bush During the 107^th - 109^th Congresses, by Denis Steven
Rutkus, Kevin M. Scott, and Maureen Bearden; and CRS Report RL31635, Judicial
Nomination Statistics: U.S. District and Circuit Courts, 1977-2003, by Denis Steven
Rutkus and Mitchel A. Sollenberger.

Contents
In troduction ..................................................1
Resubmissions and Confirmation of Judicial Nominees................2
Returned Nominations..........................................3
Patterns in Returned Nominations.............................3
Possible Explanations for Returns.............................6
Patterns in Renominations......................................10
Beyond the Second Nomination.............................12
Senate Judiciary Committee Practice with Resubmitted Nominations....13
Renominated Courts of Appeals Nominees.....................13
Resubmitted District Court Nominations......................15
Resubmissions and Confirmation................................17
Concluding Observations.......................................19
List of Figures
Figure 1. Returns of Judicial Nominations,
95^th - 109th Congresses (1977-2006)...............................6
Figure 2. Renominations to U.S. District Courts and
U.S. Courts of Appeals by Congress, 1977-2006....................12
List of Tables
Table 1. Number of Returned U.S. District Court and U.S. Courts of Appeals
Nominations, by Congress, 95^th - 109^th Congresses (1977-2006).........4
Table 2. Number of Returned U.S. District Court and U.S. Courts of Appeals
Nominations, by Period in Which Nominations Were Submitted,
95^th - 109th Congresses (1977-2006)...............................8
Table 3. Percentage of Nominations to U.S. District Courts and U.S. Courts
of Appeals Made in the Last Six Months of a Congress and Percentage
of Those Nominations Returned, by President, 1977-2006..............9
Table 4. Number of U.S. District Court and U.S. Courts of Appeals
Renominations, by President and Congress, 95^th - 109th Congresses
(1977-2006) .................................................11
Table 5. Nomination Frequency for U.S. District Court and
U.S. Courts of Appeals Nominees, 1977-2006......................13
Table 6. Renominated Nominees to the U.S. Courts of Appeals, 1977-2006:
Number Receiving Hearings on the First or Second Nominations.......14
Table 7. Renominated Nominees to the U.S. District Courts, 1977 - 2006:
Number Receiving Hearings on the First or Second Nominations.......16
Table 8. U.S. District Court and U.S. Courts of Appeals Nominees:
Renominations and Confirmation Rate, by Renomination,
95^th - 109^th Congresses (1977-2006)..............................18
Appendix 1. U.S. Courts of Appeals Nominees with Resubmitted
Nominations, 95^th Congress - 109^th Congress (1977-2006).............20
Appendix 2. U.S. District Courts Nominees with Resubmitted
Nominations, 95^th Congress - 109^th Congress (1977-2006).............32

Returns and Resubmissions of Nominees to
the U.S. Courts of Appeals and District
Courts, 1977-2006
Introduction
Over the past 30 years, the average time between presidential nomination and
confirmation for persons nominated by the President to lower court judgeships (i.e.,
the U.S. courts of appeals and district courts) has increased steadily. Scholars and
other observers have argued that several factors have contributed to this change.¹
One component of the increase in time to confirmation has been an increase in the
number of Senate returns of judicial nominations to the President. All nominations,
including judicial nominations, considered by the Senate can be returned to the
President in two cases: after the adjournment sine die of a Congress or during a
recess of 30 or more days if the Senate has not agreed by unanimous consent to carry
nominations through the recess. The President usually renominates the person whose
nomination was returned.
This report provides an overview of renominations that occur in the context of
the process of appointing judges to what may amount to life tenure positions on the
U.S. courts of appeals and district courts. The report then provides data on the
number of returned and resubmitted nominations between 1977 and 2006, covering
the terms of Presidents Carter, Reagan, George H.W. Bush, Clinton, and the first
three Congresses of President George W. Bush. This report first reviews the
nomination process, assessing how renominations fit into that process. The report
then summarizes trends in renominations between 1977 and 2006, with particular
attention to the Senate Judiciary Committee’s practice of holding or not holding
hearings for renominated individuals. Finally, the report analyzes the confirmation
rates of renominated individuals compared with those who are nominated only one
time. Throughout this report, attention will be called to the unique experience of the^th

107 Congress, where majority control of the Senate shifted during the first session.

One of the consequences of that shift was the return of all of President Bush’s
pending judicial nominees at the beginning of an intrasession recess in August 2001.
One of the central considerations in this report is the difference between nominees
and nominations; each nominee to a judgeship may receive several nominations

¹ These factors include increased incidence of divided partisan control of the Senate and the
presidency, increased disagreement among Senators over nominees, and rising attention to
judicial nominations by interest groups. See, e.g., Nancy Scherer, Scoring Points:
Politicians, Activists, and the Lower Federal Court Appointment Process (Palo Alto, CA:
Stanford University Press, 2005); and Sarah A. Binder and Forest Maltzman, “Senatorial
Delay in Confirming Federal Court Judges, 1947-1998,” American Journal of Political
Science, vol. 46, no. 1 (January 2002).

before being confirmed or rejected by the Senate, or having his or her name
withdrawn by the President or returned to the President without renomination.
Resubmissions and Confirmation of Judicial Nominees
The constitutional provisions governing appointment and confirmation of
federal judges are straightforward. According to Article II, Section 2 of the U.S.
Constitution, the President shall “nominate, and by and with the Advice and Consent
of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, 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.” When the Senate has consented to a nomination, it has done so in the form
of a vote on the President’s nominee.² This procedure applies to Article III judges
as well as Article I judges.³
Senate consideration of a nominee is driven by Senate rules. One such rule,
Rule XXXI, provides, in part, that nominations pending before the Senate shall be
returned to the President if the Senate adjourns or takes a recess of more than 30
days. The rule may be set aside if the Senate agrees to do so by unanimous consent,
but failure to waive the rule (usually by a Senator objecting to a proposed unanimous
consent agreement) returns pending nominations to the President when the Senate
takes a recess.⁴ The Senate’s August recess tends to last longer than 30 days,⁵ and
the recess between sessions of a Congress may also last more than 30 days. In
addition to returns that may occur during a recess of the Senate, nominations are
returned to the President if a nominee has not been confirmed or rejected by the

² In the First Congress, there was some dispute as to how the Senate was to carry out its
constitutional function. The Senate agreed at that time to do so by voice vote. See Joseph
Harris, The Advice and Consent of the Senate: A Study of Confirmation of Appointments by
the United States Senate (New York: Greenwood Press, 1988), pp. 37-39.
³ Article III, Section 1 of the U.S. Constitution established the Supreme Court and “such
inferior Courts as the Congress may from time to time ordain and establish.” Appointees
to these courts hold their offices during “good Behaviour,” and their compensation may not
be diminished while they hold their office. Judges on Article I courts, also called legislative
courts, are appointed by the President, are confirmed by the Senate, and serve for a fixed
term. The territorial and commonwealth courts, as well as the Court of Appeals for the
Armed Forces, the U.S. Tax Court, the Court of Appeals for Veterans Claims, and the Court
of Federal Claims are all Article I courts. In this report, judges nominated to the territorial
and commonwealth courts are included in statistical calculations; those nominated to the
other Article I courts are not included in statistical calculations.
⁴ Senators have usually exempted from unanimous consent one or more pending
nominations, and have only rarely insisted on the return of all pending nominations. See
CRS Report RL31980, Senate Consideration of Presidential Nominations: Committee and
Floor Procedure, by Elizabeth Rybicki.
⁵ The Senate’s August recess has lasted at least 30 days every year since 1996. Between
1977 and 1995, nine August recesses lasted fewer than 30 days. In no Congress since 1977
has the Senate gone without at least one 30-day recess, either during a session or between
sessions. Dates of Senate sessions are available at
[http://senate.gov/ reference/resources/pdf/congresses2.pdf].

Senate or withdrawn by the President by the end of a Congress. Presidents may
resubmit nominations on which the Senate did not take action in a previous
Congress.⁶
Resubmissions are important to understanding how long judicial nominees wait
for Senate confirmation. One might consider the example of Priscilla R. Owen,
nominated to the Fifth Circuit Court of Appeals by President George W. Bush. Judge
Owen was confirmed by the Senate on May 25, 2005, on a nomination submitted to
the Senate on February 14, 2005, a period of 100 days from nomination to
confirmation. As Appendix 1 indicates, however, Judge Owen was first nominated
to the Fifth Circuit on May 1, 2001, and her confirmation, after she was nominated
a fourth time, did not come until 1,477 days after her original nomination. The three
earlier nominations of Judge Owen were each returned by the Senate, during the
August recess in 2001 and at the end of both the 107^th and 108^th Congresses,
respectively.
Resubmissions are also relevant to a President’s success rate on judicial
confirmations. To take a recent example, President Clinton made 105 nominations
to the circuit courts of appeals, 65 of which were confirmed. One might conclude,
then, that 62% of President Clinton’s courts of appeals nominations were successful.
However, President Clinton nominated 90 individuals to the courts of appeals, of
whom 65 were confirmed, a confirmation success rate of 72%.⁷ In any
Administration, if one calculates the percentage of confirmations using the number
of nominations as the denominator, one will likely calculate a lower success rate than
if one uses the number of nominees as the denominator.
Returned Nominations
Patterns in Returned Nominations. Table 1 outlines how many
nominations were returned by Congress between 1977 and 2006. The columns in
the table indicate, for each Congress, the number of nominations that were returned
within a session (intrasession returns), between sessions (intersession returns), and
at the end of a Congress. One nominee can have nominations returned more than
once in a given Congress.

⁶ The President may also renominate individuals whose nominations were rejected or
withdrawn, though this was not done with a nomination to the U.S. district courts or courts
of appeals in the time frame covered by this report. In 1844, President Tyler renominated
John C. Spencer to the Supreme Court after his nomination had been rejected by the Senate.
The second Spencer nomination was withdrawn by President Tyler on the same day it was
made. See CRS Report RL33225, Supreme Court Nominations, 1789-2006: Actions by the
Senate, the Judiciary Committee, and the President, by Denis Steven Rutkus and Maureen
Bearden.
⁷ Roger L. Gregory, originally nominated to the Fourth Circuit Court of Appeals by
President Clinton, was confirmed once he was nominated by President George W. Bush. As
a result, he is considered one of President Clinton’s 25 unsuccessful nominees. See
Appendix 1.

Table 1. Number of Returned U.S. District Court and U.S. Courts of Appeals Nominations, by
Congress, 95^th - 109^th Congresses (1977-2006)
Intrasession^a Intersession^b End of CongressTotal
Congress Y ears Di st ri ct Appeal s Di s t r i c t Appeal s Di st ri ct Appeal s Di s t r i c t Appeal s
95^th 1977-1978 0 0 3 0104 0
96^th 1979-1980 0 0 0 0 13 4 13 4
97^th 1981-1982 0 0 0 0111 1
98^th 1983-1984 3 2 1 2 13 3 17 7
99^th 1985-1986 0 0 8 1 3 0 11 1
100^th 1987-1988 0 0 0 0 10 7 10 7
101^st 1989-1990 2 0 0 0214 1
102^nd 1991-1992 1 1 0 0 43 10 44 11
103^rd 1993-1994 0 0 0 0 11 3 11 3
ⁱ^{ki/CRS-RL33839}104^th 1995-1996 0 0 0 0 20 8 20 8
^g/w^th
^s^.or105 1997-1998 0 0 0 0 12 9 12 9^th
^le^ak106 1999-2000 0 1 0 0 24 17 24 18
107^th 2001-2002 20 20 0 0 16 15 36 35
^://wiki108^th 2003-2004 0 0 0 1 8 17^c 818
^h^ttp109^th 2005-2006 0 11^d 0 1 28 10 28 22
T otal 26 35 12 5 205 105 243 145
^Source:^{CRS J}^u^dⁱ^{cial No}^mⁱⁿ^a^tioⁿ^s^Datab^a^{se. Cell en}^tr^{ies in}^clu^d^{e d}ⁱ^strⁱ^ct^j^u^d^g^{es n}^o^mⁱⁿ^a^ted^to^dⁱ^strⁱ^{ct co}^u^r^{ts in}^Gu^am^{, No}^r^t^h^e^rⁿ^Marⁱ^an^{a Is}^lan^d^s
^an^d^Vir^gⁱⁿ^I^s^lan^d^s.^Six^t^eenⁿ^o^mⁱⁿ^a^tioⁿ^s^to^th^ese^A^r^ticle^I^co^u^r^ts^ar^eⁱⁿ^clu^d^ed^{, o}^f^w^h^ich^f^o^u^r^w^e^r^e^r^e^tu^rⁿ^ed⁽^oⁿ^eⁱⁿ^tr^asessioⁿ^ret^u^rn^du^riⁿ^g^st^th^th^nd
^t^h^{e 101}^C^oⁿ^g^r^es^s^,^on^{e retu}^rn^{at th}^{e en}^{d of}^each^of^th^{e 96}^{, 100}^{, an}^{d 102}^C^oⁿ^g^r^e^s^s^e^s⁾^.^Fo^ur^t^e^eⁿ^no^mⁱ^na^tⁱ^o^{ns t}^o^se^a^t^{s o}ⁿ^t^h^e^Co^ur^t^o^f^th^th
^In^tern^ation^a^{l T}^r^{ade are}^a^l^s^oⁱⁿ^clu^d^{ed, tw}^{o of}^w^h^ich^w^e^{re retu}^rn^{ed: on}^{e at th}^{e en}^{d of}^th^{e 105}^C^oⁿ^g^r^es^s^,^th^{e oth}^e^{r at th}^{e en}^{d of}^th^{e 107}
^Co^ngr^e^ss.
^{a. In}^tras^es^sⁱ^on^retu^rn^s^{are th}^os^{e m}^a^{de du}^rin^g^reces^s^e^s^withⁱⁿ^se^ssioⁿ^{s o}^f^a^Co^ngr^e^ss.
^{b. In}^t^e^rs^es^sⁱ^on^ret^u^rn^s^{are t}^h^os^{e m}^a^{de du}^riⁿ^g^reces^s^e^s^betw^een^se^ssioⁿ^{s o}^f^a^Co^ngr^e^ss.^th
^{c. Ch}^{arles W}^.^Pⁱ^ck^erin^g^,^{Sr., an}^d^W^illiam^{H. P}^r^y^o^{r, J}^r^{., are co}^uⁿ^t^ed^tw^{ice, b}^ecau^{se b}^o^t^h^h^a^d^tw^oⁿ^o^mⁱⁿ^a^tioⁿ^s^p^eⁿ^dⁱⁿ^gⁱⁿ^th^{e 1}⁰⁸^Co^ngr^e^ss.
^d^.^W^illiam^J^.^Hayⁿ^{es II, T}^e^rren^{ce W}^.^B^o^y^l^e,^Mich^ael^B^.^W^a^llace,^{N. Ran}^d^y^Sm^ith^{, an}^d^W^illiam^G.^My^ers^III,^are^co^uⁿ^t^ed^tw^ice^eac^hⁱⁿ^th^{is cell.}
^A^l^l^fⁱ^v^e^h^a^{d n}^o^mⁱⁿ^a^tⁱ^oⁿ^s^ret^u^rn^{ed t}^o^t^h^e^Presⁱ^d^en^t^on^A^u^g^.^{3, 2006, an}^{d ag}^aiⁿ^on^S^e^pt^{. 29, 2006. A}^l^l^fⁱ^v^e^w^e^{re al}^s^o^ret^u^rn^ed^to^th^{e P}^r^esid^en^t^th
^{at th}^{e en}^{d of}^th^{e 109}^Co^ngr^e^ss.

Several patterns emerge from Table 1. First, the overwhelming majority of
returns of nominations occur at the end of a Congress. Intrasession and intersession^th
returns are less common. If one excludes the 107 Congress for reasons discussed
below, 38 nominations have been returned during a Congress since 1977, compared
with 310 returned at the end of a Congress.
Second, the four Congresses during which the Senate returned the most
nominations were the 102^nd (55 nominations returned), the 106^th (42), the 107^th^th^th
Congress (71), and the 109 Congress (50). Forty of the 71 returns in the 107
Congress occurred during the August recess following a transfer in party control of^nd^th
the Senate. The 102 and 106 Congresses represent the final Congresses coinciding
with the presidencies of George H.W. Bush and William Clinton, respectively.
One might interpret these numbers as suggesting that the Senate, when
controlled by the opposite party of the President, may attempt to wait out a President
whose party the opposition hopes to see end its run in the White House. But the^th
evidence to support such a conclusion is mixed. The number of returns in the 104
and 108^th Congresses (the end of the first terms of President Clinton and President
George W. Bush, respectively) is not much greater than for Congresses that did not
lead up to a presidential election. Furthermore, more nominations were returned to^th
the President at the end of President Reagan’s first term (the 98 Congress, 24
nominations) than at the end of his second term (the 100^th Congress, 17 nominations).
Third, returns have disproportionately affected nominees to the courts of
appeals. Between 1977 and 2006, 1,437 nominations were made to district court
positions, of which 243 (16.9%) were returned. For the courts of appeals, 461⁸
nominations were made, of which 145 (31.5%) were returned.
Fourth, the number of returns has trended upward, particularly during the last
eight Congresses (102^nd to 109^th). President George W. Bush has the greatest number
of returned nominations per Congress, with 147 returns over three Congresses, an
average of 49 nominations per Congress. If one excludes the 40 intrasession returns^th
during the 107 Congress, the average is 35.7 returns per Congress, higher than the
average number of returns per Congress for President Clinton (26.3) and President
George H.W. Bush (30). All three of those averages are higher than the average
number of returns per Congress for President Reagan (13.8) and President Carter
(10.5).
Figure 1 plots the trends in number of returns per Congress, counting all types
of returns (intrasession, intersession, and end of Congress). As Figure 1 indicates,
in every Congress from the 103^rd (1993-1994) through the 107^th (2001-2002), the
number of courts of appeals nominations returned increased, with a drop-off in the

108^th Congress. The number of returns of courts of appeals nominations in the 109^th^th

Congress was the second-highest in the past 30 years. With the exception of the 105
Congress, a similar pattern can be observed for district court nominations, though the

⁸ These numbers reflect nominations, not nominees, of which there were 358 for the courts
of appeals and 1,301 for district courts in the 95^th - 109^th Congresses.

number of district court nominations returned in the 109^th Congress (28) was the
third-highest number since 1977.
Figure 1. Returns of Judicial Nominations, 95^th - 109th
Congresses (1977-2006)

⁵⁰
⁴⁵
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^Congr^e^ss
^Di^s^t^rⁱ^c^t^Cou^r^t^Re^t^u^rⁿ^s^C^o^u^r^{t o}^f^A^p^p^e^a^l^s^R^e^turⁿ^s
Possible Explanations for Returns. As suggested above, analysis of
Table 1 and Figure 1 makes clear that returns of nominations have generally
increased over time, and particular instances of high numbers of returns generally
coincided with periods of divided party control of the presidency and the Senate. But
divided party control of the Senate and presidency also existed during the 100^th
through 102^nd Congresses, and the 101^st Congress (1989-1990) had the lowest
number of returns of any Congress since the 97^th (1981-1982). Furthermore, in the
absence of divided party control in the 108^th and 109^th Congresses, nominees were
returned with some frequency.
Another explanation for the generally increasing frequency of returns may be
related to timing; in particular, the President may have made nominations too late in
a Congress for the Senate to have given full consideration to the nominee. If the
timing of a nomination contributed to the likelihood of a return, the nominations
made later in a Congress would have been more likely to be returned to the President
than those made earlier in a Congress. This possibility can be evaluated by breaking
each Congress down into five periods — specifically, the first session (roughly
speaking, the first year) of any Congress, and then each of the quarters of the second
session of each Congress, to see if the number of nominations returned increased in
each period.⁹ Table 2 focuses on the first nomination of each individual to a
judgeship by the President, and excludes those nominations that resulted in
intrasession and intersession returns to provide a clearer picture of the relationship
⁹ To simplify Table 2, the first session of each Congress was not broken up into quarters.

between the time remaining in a Congress and the likelihood of return of a
nomination. Of the 1,437 district court and 461 courts of appeals nominations made
between 1977 and 2006, 1,269 district court nominations and 332 courts of appeals
nominations met these criteria. The nominations were assigned to one of the five
time periods on the basis of the date the nomination was received by the Senate.
Table 2 presents information on when a nomination was submitted to the Senate and
the percentage of nominations returned to the President.
As the data in Table 2 indicate, 5.0% of nominations made to the district courts
in the first session of a Congress were returned to the President, while 40.4% of
nominations made in the third quarter (July 1-September 30) of the second session
of a Congress and 74.1% of the nominations made in the fourth quarter (October 1-
December 31) were returned. This pattern suggests that one of the factors
influencing the number of district court nominations returned to the President was
the time in a Congress when the President made a nomination. This pattern is also
found in nominations to the courts of appeals, but the increase over time is somewhat
less pronounced; 16.0% of nominations made in the first session were returned at the
end of a Congress, while 30.6% of nominations made in the third quarter of the
second session and 80.0% of the nominations made in the fourth quarter of the
second session were returned.
The overall relationship between timing of a nomination and probability of a
return may help explain why some nominations are returned while others are not, but
does not aid in understanding why the number of returned nominations has increased
over the past 30 years. If, however, more recent Presidents have made more of their
nominations near the end of a Congress, then the Senate may be returning more
nominations simply because the President is nominating more individuals to
judgeships later in a Congress. Table 3 reports the percentage of nominees who
received their first nominations in the last six months of a Congress.
To a somewhat greater degree than 30 years ago, Presidents are nominating
individuals to the district courts late in a Congress, and the Senate is returning those
nominations with greater frequency. President George W. Bush (18.9% of first
nominations submitted in the last six months of a Congress) submitted a greater
percentage of nominations to district court judgeships than any other president in the
past 30 years, followed by Presidents Reagan and Clinton (both at 16.8%). As the
second column of Table 3 indicates, a greater percentage of President George W.
Bush’s end-of-Congress nominations have been returned by the Senate than any other
President’s in the last 30 years. The increased percentage of nominations made late
in a Congress and the increased percentage of those nominations returned during
President George W. Bush’s tenure may explain the increase in returns, but may
themselves be explained by still other factors.

CRS-8
Table 2. Number of Returned U.S. District Court and U.S. Courts of Appeals Nominations,
by Period in Which Nominations Were Submitted, 95^th - 109th Congresses (1977-2006)
Time PeriodDistrict CourtsCourts of Appeals
Nomination Tot a l Nominations Tot a l Nominations
SubmittedNominations^aReturnedReturn %Nominations^aReturnedReturn %
First Session679345.0%1943116.0%
First Quarter,1762413.6%501224.0%
Second Session
ⁱ^{ki/CRS-RL33839}Second Quarter,2094622.0%471736.2%
^g/wSecond Session
^s^.or
^le^akThird Quarter,1787240.4%361130.6%
Second Session
^://wiki
^h^ttpFourth Quarter,272074.1%5480.0%
Second Session
Total1,26919615.4% 3327522.6%
^Source:^{CRS J}^u^dⁱ^{cial No}^mⁱⁿ^a^tioⁿ^s^Datab^a^se.
^{a. Valu}^{es in}^dⁱ^cate^t^h^eⁿ^u^m^b^e^r^o^fⁿ^o^mⁱⁿ^a^tioⁿ^s^su^b^m^itted^b^y^th^{e P}^r^esid^en^{t in}^th^{e tim}^{e p}^e^rⁱ^o^dⁱⁿ^dⁱ^cated^{. On}^ly^th^{e f}ⁱ^r^s^{t n}^o^mⁱⁿ^a^tioⁿ
^o^f^anⁱⁿ^dⁱ^vⁱ^d^u^{al to}^{a j}^u^d^g^eshⁱ^p^{is in}^clu^d^ed^{. A}ⁿ^yⁿ^o^mⁱⁿ^a^tⁱ^oⁿ^s^th^{at w}^e^r^e^fⁱ^r^s^{t r}^e^tu^rⁿ^ed^d^u^rⁱⁿ^g^anⁱⁿ^tr^asessioⁿ^o^rⁱⁿ^ter^s^essioⁿ
^r^{ecess ar}^{e ex}^clu^d^ed^f^r^o^m^th^{e d}^a^{ta u}^s^ed^f^o^r^th^{is tab}^l^{e in}^o^r^d^e^r^to^illu^str^a^te^th^e^ef^f^{ect o}^f^tim^{e p}^e^rⁱ^o^d^o^fⁿ^o^mⁱⁿ^a^tioⁿ^oⁿ^en^d^-^o^f^-
^Co^ngr^e^{ss r}^e^turⁿ^s.

Table 3 also indicates that, on average, nominations to the courts of appeals
made in the last six months of a Congress were less likely to occur, but more likely
to be returned, under Presidents Clinton and George W. Bush than under their three
predecessors. The percentage of nominations made by Presidents to the courts of
appeals in the last six months of a Congress was 10.0% for three of the five
presidents between 1977 and 2006 (Presidents Carter, George H.W. Bush, and
Clinton). President George W. Bush has nominated one judge to the courts of
appeals for the first time in the last six months of a Congress, and that nomination¹⁰
was returned by the Senate at the end of a Congress. The percentage of
nominations to the courts of appeals made in the last six months of a Congress that
were returned is substantially higher for Presidents Clinton and George W. Bush
(taken together) than for the collective record of Presidents Carter, Reagan, and
George H.W. Bush.
Table 3. Percentage of Nominations to U.S. District Courts and
U.S. Courts of Appeals Made in the Last Six Months of a
Congress and Percentage of Those Nominations Returned, by
President, 1977-2006
PresidentDistrict CourtsCourts of Appeals
% of% of Those% of% of Those
Nominations Nominations Nominations Nominations
Made in theReturnedMade in theReturned
Last SixLast Six
Months of a^aMonths of a^a
Congress Congress
Carter 10.3% 41.7% 10.0% 50.0%
Reagan 16.8% 32.7% 20.2% 30.0%
George H.W.13.1%48.0%10.0%0.0%
Bush
Clinton 16.8% 37.7% 10.0% 55.6%
George W.18.9%69.8%1.6%100.0%
Bush
Total 15.5% 44.9% 11.2% 36.6%
^Source:^C^R^{S J}^u^{dicial Nom}ⁱⁿ^a^tion^s^Databas^e^.
^{a. On}^ly^th^e^fⁱ^r^s^tⁿ^o^mⁱⁿ^a^tioⁿ^o^f^anⁱⁿ^dⁱ^vⁱ^d^u^al^to^a^j^u^d^g^eshⁱ^p^{is in}^clu^d^ed^{. A}ⁿ^yⁿ^o^mⁱⁿ^a^tioⁿ^s^th^{at w}^e^r^e
^fⁱ^rs^{t retu}^rn^{ed du}^rin^g^anⁱⁿ^tras^es^sⁱ^on^{or in}^ters^es^sⁱ^on^reces^s^{are ex}^clu^d^{ed f}^r^om^th^{e data u}^s^{ed f}^o^{r th}^is^table
ⁱⁿ^o^r^d^e^r^to^illu^str^a^{te th}^{e ef}^f^{ect o}^f^tim^{e p}^e^rⁱ^o^d^o^fⁿ^o^mⁱⁿ^a^tioⁿ^oⁿ^en^d^-^o^f^-^C^oⁿ^g^r^{ess r}^e^tu^rⁿ^s.

¹⁰ The nomination was of Thomas M. Hardiman to the Third Circuit Court of Appeals, made
on Sept. 13, 2006, and returned on Dec. 9, 2006, at the end of the 109^th Congress.

Patterns in Renominations
The President resubmitted the nominations of 197 individuals to the Senate
between 1977 and 2006: 70 to the courts of appeals and 127 to the district courts.
The 70 individuals were renominated to the courts of appeals a total of 103 times; the
127 individuals renominated to the district courts were renominated a total of 145
times.
Not all returned nominations are resubmitted to the Senate. In some cases, a
return at the end of a Congress may be of a nomination made by a President who is
leaving office, and the next President may choose not to renominate the person. This
particularly has been true when there have been changes in party control of the
presidency. One President since 1977, George W. Bush, has resubmitted a court of
appeals nomination originally made by a predecessor of the opposing party.¹¹
Renominations of individuals originally nominated by a President of a different party
to district judgeships are also uncommon, but not quite as rare; such renominations
have occurred 10 times since 1977.¹² Table 4 and Figure 2 track renominations of
district court and courts of appeals nominees by President and Congress.
The patterns observed in returned nominations appear to some degree in
renominations. Whereas returns were most common at the end of a President’s term,
renominations were least common during the first Congress of a President, because
individuals whose nominations were returned in the last Congress of a predecessor
were unlikely candidates for renomination. This is particularly noticeable when
partisan control of the presidency changed with the elections of Presidents Carter,
Reagan and Clinton. Each of these Presidents had three renominations in his first
Congress.¹³

¹¹ Roger L. Gregory, originally nominated to the Fourth Circuit Court of Appeals by
President Clinton, was confirmed once he was nominated by President George W. Bush.
See Appendix 1.
¹² Two of the 10 nominees were first nominated by President Carter and renominated by
President Reagan: Israel Glasser (Eastern New York), and John Sprizzo (Southern New
York). One, Ralph Nimmons (Middle Florida), was nominated by President Carter and
renominated by President George H.W. Bush. Five were first nominated by President
George H.W. Bush and renominated by President Clinton: Richard Casey (Southern New
York), Raymond Finch (Virgin Islands), George O’Toole (Massachusetts), Joanna Seybert
(Eastern New York), and David Trager (Eastern New York). Two, David Cercone (Western
Pennsylvania) and Legrome Davis (Eastern Pennsylvania, were first nominated by President
Clinton and was renominated by President George W. Bush. All 10 were confirmed. See
Appendix 2 for additional details on these nominees.
¹³ President Clinton also renominated James Jones to the Western District of Virginia in the

104^th Congress. Judge Jones was originally nominated by President Carter.

Table 4. Number of U.S. District Court and U.S. Courts of
Appeals Renominations, by President and Congress,

95^th - 109th Congresses (1977-2006)

PresidentCongressDistrict CourtCourts of AppealsTotal
Renom i nat i ons Renom i nat i ons Renom i nat i ons
95^th 303
Ca r t e r^th
96112
97^th 303
98^th 549
Reagan^th
9920424
100^th 202
George H.W.101^st7310
Bus h 102^nd 314
103^rd 303
104^th 831
Clinton 105^th 18725
106^th 8614
107^th 31 32 63
George W.108^th161834
Bus h^th
10982432
Total Renominations136103239
^Source:^{CRS J}^u^dⁱ^{cial No}^mⁱⁿ^a^tioⁿ^s^Datab^a^{se. Cell en}^tr^{ies in}^clu^d^{e all r}^eⁿ^o^mⁱⁿ^a^tioⁿ^s^{, in}^clu^dⁱⁿ^g^th^o^s^e
^o^f^p^e^r^s^oⁿ^{s f}ⁱ^r^s^{t n}^o^mⁱⁿ^a^tedⁱⁿ^{a p}^r^ev^io^u^s^Coⁿ^g^r^{ess o}^r^ear^lierⁱⁿ^th^{e sam}^e^Coⁿ^g^r^ess.
Two other patterns are consistent with respect to returns: appeals court
nominees are disproportionately represented in the renomination data, and there has
been a marked increase over time in the number of renominations. These two
patterns clearly flow from the increase in returned nominations, but some specific
data may prove illustrative. Of the 1,437 total nominations to district court positions
between 1977 and 2006, 136, or 9.4%, were renominations. Of the 461 total
nominations to the courts of appeals over that same time period, 103, or 22.3%, were
renominations. Of the 245 returned district judge nominations, 136 (55.5%) of the
nominations were resubmitted; of the 145 returned courts of appeals nominations,

103 (71.0%) of the nominations were resubmitted.¹⁴

¹⁴ On Jan. 9, 2007, President George W. Bush resubmitted the nominations of four of the 10
nominees to the courts of appeals whose nominations were returned at the end of the 109^th^th
Congress, and 24 of the 28 district court nominations returned at the end of the 109
Congress. This raises the count of resubmitted nominations to 140 of 245 (57.1%) for the
courts of appeals and 127 of 145 (87.5%) for the district courts, as of Jan. 9, 2007.

Finally, as noted above in the case of returns, the number of renominations has
also increased over time. Using the data from Table 4, one can calculate the average
number of renominations per Congress for each President. President Carter
resubmitted a judicial nomination an average of two times per Congress; President
Reagan resubmitted a judicial nomination an average of 9.5 times per Congress;
President George H.W. Bush did so seven times per Congress; and President Clinton
averaged 13.3 judicial renominations per Congress. If one does not count the 40
nominations returned by the Senate in August 2001 and resubmitted the next month,
President George W. Bush has averaged 29.7 renominations per Congress for his first
three Congresses.¹⁵ Figure 2 tracks this rise, by Congress, for district court and
courts of appeals nominations that were resubmitted. As Figure 2 indicates, a greater
number of renominations have certainly occurred over the last three Congresses, but
the 104^th, 105^th, and 106^th Congresses all saw more renominations than most other
Congresses (the clear exception being the considerable number of renominations to
district court judgeships in the 99^th Congress (1985-1986), which followed the return^th
of 17 nominations to district court judgeships in the 98 Congress (1983-1984)).
Figure 2. Renominations to U.S. District Courts and U.S.
Courts of Appeals by Congress, 1977-2006

³⁵
³⁰
^s
²⁵^a^tⁱ^on
ⁱⁿ
²⁰^no^m
¹⁵^r^o^f^Re
^e
¹⁰^m^b
^Nu
⁵
⁰
⁹⁵⁹⁶⁹⁷⁹⁸⁹⁹¹⁰⁰¹⁰¹¹⁰²¹⁰³¹⁰⁴¹⁰⁵¹⁰⁶¹⁰⁷¹⁰⁸¹⁰⁹
^C^ong^re^s^s
^Di^s^t^rⁱ^c^t^Co^u^r^t^Reⁿ^o^miⁿ^a^tⁱ^oⁿ^s^C^o^urt^o^f^A^p^p^e^al^s^R^e^no^mⁱ^natⁱ^oⁿ^s
Beyond the Second Nomination. Several nominees to the district courts
and courts of appeals were renominated more than once between 1977 and 2006.
Table 5 reports the number of times each individual was nominated to a particular
position. As Table 5 indicates, courts of appeals nominees were more likely to have
multiple nominations than district court nominees; 127 of 1,301 (9.8%) district court
nominees were nominated more than once, while 70 of 358 (19.6%) courts of appeals
nominees were nominated more than once. Table 5 also indicates the unique nature
of the experience of Terrence W. Boyle, the only judicial nominee in the last 30 years
to be nominated seven times to the same judgeship; no other individual has been
¹⁵ If one does include the 40 individuals renominated in Sept. 2001, President George W.
Bush’s average rises to 43 renominations per Congress, through the 109^th Congress.

nominated more than four times.¹⁶ All five of the courts of appeals nominees
nominated to one judicial position four times were nominees of President George W.
Bush (William J. Haynes II, William G. Myers III, Priscilla R. Owen, Charles W.
Pickering, Sr., and John G. Roberts, Jr.). The number of nominations for Judges
Boyle and (now Chief Justice) Roberts included one nomination each by President
George H.W. Bush in the 102^nd Congress.¹⁷
Table 5. Nomination Frequency for U.S. District Court and
U.S. Courts of Appeals Nominees, 1977-2006
TimesDistrict CourtCourts of AppealsTotal
Nominated Nom i ne e s Nom i ne e s
11,1742881,462
211846164
391827
4055
5000
60
7011
Total1,301 358 1,659
(1,437 nominations)(461 nominations)
^Source:^{CRS J}^u^dⁱ^{cial No}^mⁱⁿ^a^tioⁿ^s^Datab^a^se.
Senate Judiciary Committee Practice
with Resubmitted Nominations
Renominated Courts of Appeals Nominees. Judicial nominations may
be returned to the President at different points in the confirmation process: without
ever receiving a confirmation hearing by the Senate Judiciary Committee; after
receiving a hearing, but before receiving a recommendation from the Senate Judiciary
Committee; or after being reported by the Judiciary Committee but before receiving
a Senate confirmation vote.¹⁸

¹⁶ Media accounts at the opening of the 110^th Congress reported that President George W.
Bush did not intend to resubmit Boyle in the 110^th Congress. See Keith Perine, “Bush Pulls
Plug on Doomed Judicial Nominations, but Differences Remain,” CQ Today News, Jan. 9,

2007, available at [http://www.cq.com].

¹⁷ This report does not include the nominations of John G. Roberts, Jr., to the U.S. Supreme
Court. These statistics account only for his nominations to the U.S. Court of Appeals for
the District of Columbia Circuit.
¹⁸ Nominations returned at this stage may include nominations that were debated by the
Senate but were not voted on due to a motion on the floor that prevented a final vote on a
nomination (e.g., to table the nomination, to recommit the nomination, or a failed cloture
(continued...)

Table 6 sheds light on how nominations are processed by the Senate Judiciary
Committee by looking at the first and second nominations of appeals court nominees
and determining if those nominees received hearings before the Senate Judiciary
Committee. Table 6 accounts for all 70 renominated courts of appeals nominees
during the 1977-2006 period, breaking down the numerical total according to
whether they received or did not receive hearings on their first or second
nominations.
Table 6. Renominated Nominees to the U.S. Courts of Appeals,
1977-2006: Number Receiving Hearings on the
First or Second Nominations
No Hearing onHearing on FirstTotal
First NominationNominationNominees
No Hearing on Second15^a1328
Nomination
Hearing on Second33^b942
Nomination
Total Nominees482270
^Source:^{CRS J}^u^dⁱ^{cial No}^mⁱⁿ^a^tioⁿ^s^Datab^a^se.
^a.^Iⁿ^clu^d^es^sixⁿ^o^mⁱⁿ^a^tioⁿ^s^r^e^su^b^m^itted^b^y^P^r^esid^en^{t Clin}^toⁿ^{at th}^{e b}^e^gⁱⁿⁿⁱⁿ^g^o^f^th^{e 1}⁰⁷^th^Co^ngr^e^s^s
ⁱⁿ^t^h^{e l}^a^s^t^w^eek^s^of^t^h^{e C}^lⁱⁿ^t^oⁿ^presⁱ^d^en^cy^{, bu}^t^wⁱ^t^h^drawⁿ^by^Presⁱ^d^en^t^Bu^s^hⁱⁿ^Mar.^2001,^an^d
^tw^{o n}^o^mⁱⁿ^a^tion^s^retu^rn^{ed du}^rin^g^th^{e A}^u^g^.²⁰⁰¹^reces^s^,^f^o^llowⁱⁿ^g^ch^an^g^eⁱⁿ^party^con^t^{rol of}^th^e
^Senate.
^b.^In^clu^d^es^{14 n}^o^mⁱⁿ^a^tion^s^retu^rn^{ed du}^rin^g^th^{e A}^u^g^.^{2001 reces}^s^,^f^o^llowⁱⁿ^g^ch^an^g^eⁱⁿ^party^con^t^rol
^o^f^th^{e Sen}^a^te.
As Table 6 indicates, a majority of the 70 courts of appeals nominees whose
nominations were resubmitted during the 1977-2006 period received hearings by the
Senate, even if they did not receive those hearings on their first nominations. Fifty-
five of the 70 nominees (78.6%) received hearings on at least one of their first two
nominations; nine of the 70 (12.9%) received hearings on both the first and second
nominations.
The most common pattern is for nominees to receive no hearings on their first
nominations, but to receive hearings on their second nominations; 33 of the 70
nominees (47.1%) whose nominations were resubmitted followed this trend. Some
15 nominees did not receive hearings on either of their first two nominations; six of
these were individuals nominated first in the 106^th Congress by President Clinton and^th
then renominated at the beginning of the 107 Congress, 17 days before President

¹⁸ (...continued)
motion on the nomination).

Clinton left office. The remaining nine nominees who did not receive hearings on
their first or second nominations received third nominations.
Hearings for Courts of Appeals Nominees with Three or More
Nominations. Twenty-four individuals were renominated more than once to the
courts of appeals during the 1977-2006 period (see Table 5). Fifteen of those 24 did
not receive hearings on their first or second nominations; six of those were
individuals nominated by President Clinton in the 106^th Congress and renominated^th
at the beginning of the 107 Congress, 17 days before President Clinton left office.
Of the remaining nine nominees who did not receive hearings on their first or second
nominations, seven eventually did receive hearings: Terrence W. Boyle (Fourth
Circuit), Deborah L. Cook (Sixth Circuit), Carolyn B. Kuhl (Ninth), John G. Roberts,
Jr. (District of Columbia), Jeffrey S. Sutton (Sixth), Timothy M. Tymkovich (Tenth),
and Sherman E. Unger (Federal Circuit). Of these seven, Boyle, Kuhl, and Unger
were never confirmed to seats on the courts of appeals. In addition to the six Clinton
nominees renominated in the 107^th Congress whose nominations were withdrawn by
President George W. Bush, the other two nominees who were nominated at least
twice and never received hearings were Barry P. Goode (Ninth Circuit) and Helene^th
N. White (Sixth Circuit), both of whom were nominated three times, in the 105,

106^th, and 107^th Congresses, by President Clinton.¹⁹

Resubmitted District Court Nominations. Many of the same patterns
observed in Judiciary Committee practice with resubmitted courts of appeals
nominations can be seen in Judiciary Committee treatment of resubmitted district
court nominations. For district court nominees, third nominations are very rare (as
Table 5 indicates, nine individuals have been nominated to the same positions three
times since 1977; none has been nominated more than three times). Accordingly, an
analysis of Judiciary Committee treatment of the first two nominations covers nearly
all nominations to the district courts in the last 30 years. Table 7 reports Judiciary
Committee practice with resubmitted district court nominations. Specifically, Table
7 accounts for all 127 renominated district court nominees during the 1977-2006
period, breaking down the numerical total according to whether the nominees
received or did not receive hearings on their first or second nominations.

¹⁹ For details on these nominees, see Appendix 1.

Table 7. Renominated Nominees to the U.S. District Courts,
1977 - 2006: Number Receiving Hearings on the
First or Second Nominations
No Hearing onHearing on FirstTotal
First NominationNominationNominees
No Hearing on Second171633
Nomination
Hearing on Second83^a1194
Nomination
Total Nominees10027127
^Source:^{CRS J}^u^dⁱ^{cial No}^mⁱⁿ^a^tioⁿ^s^Datab^a^se.
^{a. In}^clu^d^es^{18 n}^o^mⁱⁿ^a^tion^s^retu^rn^{ed du}^rin^g^th^e^A^u^g^.²⁰⁰¹^reces^s^,^f^o^llowⁱⁿ^g^ch^an^g^eⁱⁿ^party^con^t^rol
^o^f^th^{e Sen}^a^te.
As was the case for courts of appeals nominees, most district court nominees
received hearings by the Judiciary Committee, even if the hearings were not on the
first nominations. Only 17 of the nominees whose nominations were resubmitted did
not receive hearings on their first or second nominations.²⁰ The most common
pattern is to not receive a hearing on the first nomination but to receive a hearing on
the second nomination; 83 of the 127 (65.4%) district court nominees whose
nominations were resubmitted followed this pattern.
District Court Nominees with Three Nominations. Only nine individuals
were nominated to seats on the U.S. district courts more than twice between 1977 and
2006.²¹ All nine received hearings by the Senate Judiciary Committee on at least one
of the three nominations. James McGregor, nominated in three consecutive
Congresses (the 100^th, 101^st, and 102^nd), received a hearing on his first nomination,
but was never confirmed. The other eight nominees were eventually confirmed by
the Senate, though three were first nominated by President George H.W. Bush during
the 102^nd Congress and were not confirmed until renominated by President George
W. Bush.²²

²⁰ Seven of the 17 were nominated a third time, received hearings, and were confirmed on
the third nomination. For details on these nominees, see Appendix 2.
²¹ Those nine individuals (and the districts to which they were nominated) are Legrome
Davis (Eastern Pennsylvania), James Dever III (Eastern North Carolina), Larry Hicks
(Nevada), Thomas Ludington (Eastern Michigan), James McGregor (Western
Pennsylvania), James Payne (Northern, Eastern, and Western Oklahoma), William Quarles,
Jr. (Maryland), John Vukasin, Jr. (Northern California), and Vaughn Walker (Northern
California). See Appendix 2 for details.
²² Larry Hicks (Nevada) and James Payne (Northern, Eastern, and Western Oklahoma) were
confirmed in the 107^th Congress; William Quarles (Maryland) was confirmed in the 108^th
Congress. See Appendix 2 for details.

Resubmissions and Confirmation
Previous sections of this report have focused on Senate practice with returns,
patterns in presidential resubmissions, and how renominated individuals were treated
by the Senate Judiciary Committee. This section examines how renominated judicial
nominees ultimately fared before the Senate relative to other judicial nominees. If
returns and renominations tend to indicate controversial nominations, then one might
expect that fewer judicial nominees who received multiple nominations were
confirmed than those who were nominated only once. On the other hand, there is
some evidence that returns (particularly of district court nominations) are
necessitated by the Senate not finding time in its schedule to confirm nominees on
their initial nominations. If returns and renominations are driven largely by the
Senate calendar (and, by extension, the time the vacancy occurs and the time the
President takes to fill vacancies with nominees), then renominated individuals should
be confirmed at nearly the same rate as individuals who are nominated only once.
Table 8 presents the percentage of nominees confirmed by the number of times
they were nominated during the 1977-2006 period. District judges who were
nominated only once were confirmed 90.2% of the time on the first nomination. Of
those district judges who were renominated, 88.1% were confirmed on the second
nomination, and 88.9% of those who received three nominations were confirmed on
the third nomination. Therefore, the data indicate that, for district judges,
renominations (and returns that necessitate the President’s renomination) do not
appear to diminish substantially the probability that the nominee will eventually be
confirmed.
The same cannot be said for nominees to the courts of appeals. Examination of
Table 8 reveals that 86.5% of the nominees who were nominated only once were
confirmed.²³ That number fell to 78.3% for second nominations and to 55.6% for
third nominations. Furthermore, of the five individuals who received four
nominations, two (40.0%) were confirmed. Therefore, the data indicate that
nominees to the courts of appeals faced a declining probability of confirmation the
more often their nominations were returned by the Senate.

²³ This is somewhat different from saying what percentage of nominees were confirmed on
their first nomination. Between 1977 and 2006, 249 of 358 total courts of appeals nominees,
or 69.5%, were confirmed on their first nomination. For district court nominees, 1,059 of

1,301 nominees, or 81.4%, were confirmed on their first nomination.

CRS-18
Table 8. U.S. District Court and U.S. Courts of Appeals Nominees: Renominations and Confirmation Rate,
by Renomination, 95^th - 109^th Congresses (1977-2006)
District CourtsCourts of AppealsTotal
Times
Nominated% % %
Nom i ne e s Conf i r m e d Conf irmed Nominees Conf irmed Conf irmed Nominees Conf irmed Conf i r m e d

1 1174 1059 90.2% 288 249 86.5% 1462 1308 89.5%

2 118 104 88.1% 46 36 78.3% 164 140 85.4%

ⁱ^{ki/CRS-RL33839}
^g/w3 9 8 88.9% 18 10 55.6% 27 18 66.7%
^s^.or400 — 5240.0%5240.0%
^le^ak
^://wiki500 — 00 — 00 —
^h^ttp600 — 00 — 00 —

700 — 100.0%100.0%

T otal 1301 1171 90.0% 358 297 83.0% 1659 1468 88.5%
1,437 total nominations461 total nominations1,898 total nominations
^Source:^{CRS J}^u^dⁱ^{cial No}^mⁱⁿ^a^tioⁿ^s^Datab^a^se.

Concluding Observations
Renominations are an increasingly common feature of the judicial nomination
and confirmation process. This report chronicles the uneven rise of renominations
in the judicial nomination process between 1977 and 2006 and assesses the Senate
handling of hearings for judicial nominees whose nominations have been
resubmitted, as well as the ultimate prospects for confirmation for nominees whose
nominations were returned and resubmitted at least one time. Two important trends
emerge from this analysis. First, returns by the Senate and renominations by the
President have grown over the past 30 years. Within that overall growth, Senate
returns of nominations are most common in the final Congress of a President’s term.
Before the 107^th Congress, the two Congresses with the most returned nominations
were the 102^nd Congress, when Democrats controlled the Senate and President
George H.W. Bush was ending what would be his only term as President; and the
106^th Congress, when Republicans controlled the Senate and President Clinton was
ending his second term.
Second, there is an important distinction between the path of nominees to the
U.S. district courts and the U.S. courts of appeals. Nominees to the courts of appeals
were more likely to have their nominations returned by the Senate, were more likely
to be renominated more than once (though less likely to be renominated by a
President of a different political party than district court nominees), were more likely
to have second hearings if they received hearings on their first nominations, and were
less likely to be confirmed on their second and subsequent nominations than
nominees to the district courts. These trends reflect an increasing controversy over
courts of appeals nominees; the difference in the treatment of district court nominees
and courts of appeals nominees has become more pronounced in the last 30 years.

CRS-20
Appendix 1. U.S. Courts of Appeals Nominees with Resubmitted Nominations,

95^th Congress - 109^th Congress (1977-2006)

Date of:
Nominee’s NameCircuitCongressNomination HearingCommittee Action^aFinal Action
108^th 4/28/200310/28/2003 — Returned 12/9/2003
Allen, Claude A.Fourth^th
108 1/20/2004 — — Returned 12/8/2004
96^th 12/14/1979 — — Withdrawn 12/19/1979
Arnold, Richard S.Eighth^th
96 12/19/19792/7/19802/19/1980Confirmed 2/20/1980
104^th 12/22/1995 — — Returned 10/4/1996
Beaty, James A., Jr.Fourth^th
105 1/7/19971/7/1997 — Returned 10/21/1998
ⁱ^{ki/CRS-RL33839}105^th 1/27/19987/30/1998 — Returned 10/21/1998
^g/wBerzon, Marsha L.Ninth106^th 1/26/19996/16/19997/1/1999Confirmed 3/9/2000
^s^.or
^le^ak99^th 12/9/1985 — — Returned 12/20/1985
Boggs, Danny J.Sixth^th
^://wiki99 1/29/19862/5/19862/27/1986Confirmed 3/3/1986
^h^ttp102^nd 10/22/1991 — — Returned 10/8/1992
107^th 5/9/2001 — — Returned 8/3/2001
107^th 9/4/2001 — — Returned 11/20/2002
Boyle, Terrence W.Fourth108^th 1/7/2003 — — Returned 12/8/2004
109^th 2/14/20053/3/20056/16/2005Returned 8/3/2006
109^th 9/5/2006 — — Returned 9/29/2006

109^th 11/15/2006 — — Returned 12/9/2006

CRS-21
Date of:
Nominee’s NameCircuitCongressNomination HearingCommittee Action^aFinal Action
Cloture failed (53-43),
108^th 7/25/200310/22/200311/6/200311/14/2003
Brown, Janice R.DCReturned 12/8/2004
109^th 2/14/2005 — 4/21/2005Confirmed 6/8/2005
98^th 10/5/1984 — — Returned 10/18/1984
Brunetti, Melvin T.Ninth^th
99 2/26/19853/6/19854/3/1985Confirmed 4/3/1985
107^th 5/22/2002 — — Returned 11/20/2002
Bybee, Jay S.Ninth^th
108 1/7/20032/5/20032/27/2003Confirmed 3/13/2003
106^th 3/2/20005/25/2000 — Returned 12/15/2000
ⁱ^{ki/CRS-RL33839}Campbell, Bonnie J.Eighth107^th 1/3/2001 — — Withdrawn 3/19/2001
^g/w104^th 3/6/19963/27/19964/25/1996Returned 10/4/1996
^s^.orClay, Eric L.Sixth
^le^ak105^th 1/7/19975/7/19975/22/1997Confirmed 7/31/1997
^th 5/9/2001 — — Returned 8/3/2001
^://wikiClement, Edith B.Fifth107
^h^ttp107^th 9/4/200110/4/200111/1/2001Confirmed 11/13/2001
107^th 6/22/2001 — — Returned 8/3/2001
Clifton, Richard R.Ninth^th
107 9/4/20015/9/20025/16/2002Confirmed 7/18/2002
107^th 5/9/2001 — — Returned 8/3/2001
Cook, Deborah L.Sixth107^th 9/4/2001 — — Returned 11/20/2002
108^th 1/7/20031/29/20032/27/2003Confirmed 5/5/2003
103^rd 6/8/19949/14/1994 — Returned 11/14/1994
Dennis, James L.Fifth^thMotion to recommit (46-54), 9/28/1995
104 1/31/19959/14/19947/20/1995
Confirmed 9/28/1995

CRS-22
Date of:
Nominee’s NameCircuitCongressNomination HearingCommittee Action^aFinal Action
106^th 6/17/1999 — — Returned 12/15/2000
Duffy, James E., Jr.Ninth^th
107 1/3/2001 — — Withdrawn 3/19/2001
105^th 4/1/19987/16/19989/10/1998Returned 10/21/1998
Dyk, Timothy B.Federal^th
106 1/26/1999 — 10/21/1999Confirmed 5/24/2000
98^th 8/1/19849/5/19849/28/1984Returned 10/18/1984
Easterbrook, Frank H.Seventh^th
99 2/25/1985 — 4/3/1985Confirmed 4/3/1985
107^th 5/9/2001 — — Returned 8/3/2001
107^th 9/4/20019/26/2002 — Returned 11/20/2002
Cloture failed (55-44),
ⁱ^{ki/CRS-RL33839} 3/6/2003
^g/wCloture failed (55-42),
^s^.or 3/13/2003
^le^akCloture failed (55-45),
^://wikiEstrada, Miguel A.DC3/18/2003
^h^ttp^thCloture failed (55-44),
108 1/7/2003 — 1/30/20034/2/2003
Cloture failed (52-39),
5/5/2003
Cloture failed (54-43),
5/8/2003
Cloture failed (55-43),
7/30/2003
Withdrawn 9/4/2003
100^th 9/16/1988 — — Returned 10/22/1988
Fernandez, Ferdinand F.Ninth^st

101 2/28/19895/11/19895/18/1989Confirmed 5/18/1989

CRS-23
Date of:
Nominee’s NameCircuitCongressNomination HearingCommittee Action^aFinal Action
104^th 4/25/199512/19/19955/16/1996Returned 10/4/1996
Fletcher, William A.Ninth^th
105 1/7/19974/29/19985/21/1998Confirmed 10/8/1998
104^th 4/18/19966/25/19966/27/1996Returned 10/4/1996
Gajarsa, ArthurFederal^th
105 1/7/19975/7/19975/22/1997Confirmed 7/31/1997
104^th 9/5/199511/30/199512/14/1995Returned 10/4/1996
Garland, Merrick B.DC^th
105 1/7/1997 — 3/6/1997Confirmed 3/19/1997
105^th 6/24/1998 — — Returned 10/21/1998
Goode, Barry P.Ninth106^th 1/26/1999 — — Returned 12/15/2000
^th 1/3/2001 — — Withdrawn 3/19/2001
ⁱ^{ki/CRS-RL33839} 107^th
^g/w105 11/8/1997 — — Returned 10/21/1998
^s^.orGould, Ronald M.Ninth106^th 1/26/19999/14/199910/7/1999Confirmed 11/17/1999
^le^ak^th
106 6/30/2000 — — Returned 12/15/2000
^://wikiGregory, Roger L.Fourth107^th 1/3/2001 — — Withdrawn 3/19/2001
^h^ttp^th
107 5/9/20017/11/20017/19/2001Confirmed 7/20/2001
107^th 6/26/2002 — — Returned 11/20/2002
Cloture failed (54-44),
Griffin, Richard A.Sixth108^th 1/7/20036/16/20047/20/20047/22/2004
Returned 12/8/2004
109^th 2/14/2005 — 5/26/2005Confirmed 6/9/2005
108^th 5/10/200411/16/2004 — Returned 12/8/2004
Griffith, Thomas B.DC^th

109 2/14/20053/8/20054/14/2005Confirmed 6/14/2005

CRS-24
Date of:
Nominee’s NameCircuitCongressNomination HearingCommittee Action^aFinal Action
107^th 6/21/2001 — — Returned 8/3/2001
Hartz, Harris L.Tenth^th
107 9/4/200110/25/200111/29/2001Confirmed 12/6/2001
108^th 9/29/200311/19/20033/11/2004Returned 12/8/2004
Haynes, William J., IIFourth109^th 2/14/20057/11/2006 — Returned 8/3/2006
109^th 9/5/2006 — — Returned 9/29/2006
107^th 8/2/2001 — — Returned 8/3/2001
Howard, Jeffrey R.First^th
107 9/4/20014/11/20024/18/2002Confirmed 4/23/2002
106^th 4/22/1999 — — Returned 12/15/2000
Johnson, H. Alston, IIIFifth^th
ⁱ^{ki/CRS-RL33839}107 1/4/2001 — — Withdrawn 3/19/2001^th
^g/w98 9/17/19849/26/1984 — Returned 10/18/1984
^s^.orJones, Edith H.Fifth99^th 2/27/1985 — 4/3/1985Confirmed 4/3/1985
^le^ak^th
108 7/25/20034/27/2004 — Returned 12/8/2004
^://wikiKavanaugh, Brett M.DC109^th 2/14/2005 — — Returned 12/21/2005
^h^ttp^th
109 1/25/20065/9/20065/11/2006Confirmed 5/26/2006
109^th 6/29/20068/1/2006 — Returned 9/29/2006
Keisler, Peter D.DC^th
109 11/15/2006 — — Returned 12/9/2006
107^th 6/22/2001 — — Returned 8/3/2001
107^th 9/4/2001 — — Returned 11/20/2002
Kuhl, Carolyn B.NinthCloture failed (53-43),
108^th 1/7/20034/1/20035/8/200311/14/2003
Returned 12/8/2004

CRS-25
Date of:
Nominee’s NameCircuitCongressNomination HearingCommittee Action^aFinal Action
106^th 9/16/1999 — — Returned 12/15/2000
Lewis, Kathleen M.Sixth^th
107 1/3/2001 — — Withdrawn 3/19/2001
103^rd 9/14/1994 — — Returned 11/14/1994
Lynch, Sandra L.First^th
104 1/11/19952/8/19952/23/1995Confirmed 3/17/1995
107^th 5/9/2001 — — Returned 8/3/2001
McConnell, Michael W.Tenth^th
107 9/4/20019/18/200211/14/2002Confirmed 11/15/2002
107^th 11/8/2001 — — Returned 11/20/2002
Cloture failed (53-44),
McKeague, David W.Sixth108^th 1/7/20036/16/20047/20/20047/22/2004
ⁱ^{ki/CRS-RL33839}Returned 12/8/2004
^g/w109^th 2/14/2005 — 5/26/2005Confirmed 6/9/2005
^s^.or^th
^le^ak104 3/29/1996 — — Returned 10/4/1996
McKeown, M. MargaretNinth^th
^://wiki105 1/7/19972/4/19982/26/1998Confirmed 3/27/1998^th
^h^ttp107 7/10/2001 — — Returned 8/3/2001
Melloy, Michael J.Eighth^th
107 9/4/20011/24/20022/7/2002Confirmed 2/11/2002
103^rd 9/14/1994 — — Returned 11/14/1994
Moore, Karen N.Sixth^th
104 1/24/19952/27/19953/16/1995Confirmed 3/24/1995
106^th 9/16/1999 — — Returned 12/15/2000
Moreno, EnriqueFifth^th

107 1/3/2001 — — Withdrawn 3/19/2001

CRS-26
Date of:
Nominee’s NameCircuitCongressNomination HearingCommittee Action^aFinal Action
Cloture failed (53-44),
108^th 5/15/20032/5/20044/1/20047/20/2004
Returned 12/8/2004
Myers, William G., IIINinth109^th 2/14/20053/1/20053/17/2005Returned 8/3/2006
109^th 9/5/2006 — — Returned 9/29/2006
109^th 11/15/2006 — — Returned 12/9/2006
107^th 11/8/2001 — — Returned 11/20/2002
Neilson, Susan B.Sixth108^th 1/7/20039/8/200410/4/2004Returned 12/8/2004
109^th 2/14/2005 — 10/20/2005Confirmed 10/27/2005
ⁱ^{ki/CRS-RL33839}107^th 8/2/2001 — — Returned 8/3/2001
^g/wO’Brien, Terrence L.Tenth107^th 9/4/20013/19/20024/11/2002Confirmed 4/15/2002

^s^.or
^le^ak
^://wiki
^h^ttp

CRS-27
Date of:
Nominee’s NameCircuitCongressNomination HearingCommittee Action^aFinal Action
107^th 5/9/2001 — — Returned 8/3/2001
Motion to report
favorably (9-10),
9/5/2002
Motion to report

107^th 9/4/20017/23/2002Returned 11/20/2002withoutrecommendation (9-

10), 9/25/2002
Motion to report
unfavorably (9-10),
Owen, Priscilla R.Fifth9/25/2002
ⁱ^{ki/CRS-RL33839}Cloture failed (52-45),5/1/2003
^g/wCloture failed (52-45),
^s^.or^th 5/8/2003
^le^ak108 1/7/20033/13/20033/27/2003Cloture failed (53-43),
^://wiki 7/29/2003
^h^ttpReturned 12/8/2004
Cloture invoked (81-18),
109^th 2/14/2005 — 4/21/20055/24/2005
Confirmed 5/25/2005
104^th 1/25/19967/31/1996 — Returned 10/4/1996
Paez, Richard A.Ninth105^th 1/7/19972/25/19983/19/1998Returned 10/21/1998
106^th 1/26/1999 — 7/29/1999Confirmed 3/9/2000
107^th 5/9/2001 — — Returned 8/3/2001
Parker, Barrington D., Jr.Second^th

107 9/4/20019/13/200110/4/2001Confirmed 10/11/2001

CRS-28
Date of:
Nominee’s NameCircuitCongressNomination HearingCommittee Action^aFinal Action
107^th 5/25/2001 — — Returned 8/3/2001
Motion to report

10/18/2001favorably (9-10),

3/14/2002
Motion to report

107^th 9/4/2001Returned 11/20/20022/7/2002withoutrecommendation (9-

Pickering, Charles W., Sr.Fifth10), 3/14/2002
Motion to report
unfavorably (9-10),
3/14/2002
ⁱ^{ki/CRS-RL33839}108^th 1/7/2003 — 10/2/2003Cloture failed (54-43),10/30/2003
^g/w
^s^.orReturned 12/8/2004
^le^ak108^th 2/6/2004 — — Returned 12/8/2004^b
^://wikiProst, SharonFederal107^th 5/21/2001 — — Returned 8/3/2001
^h^ttp107^th 9/4/20018/27/20019/6/2001Confirmed 9/21/2001
Cloture failed (53-44),
7/31/2003

108^th 4/9/20036/11/20037/23/2003Cloture failed (51-43),

11/6/2003
Pryor, William H., Jr.EleventhReturned 12/8/2004

108^th 3/12/2004 — — Returned 12/8/2004^c

109^th 2/14/2005 — 5/12/2005Confirmed 6/9/2005

CRS-29
Date of:
Nominee’s NameCircuitCongressNomination HearingCommittee Action^aFinal Action
102^nd 1/27/1992 — — Returned 10/8/1992
107^th 5/9/2001 — — Returned 8/3/2001
^th 9/4/2001 — — Returned 11/20/2002
Roberts, John G., Jr.DC107
Motion to recommit,
108^th 1/7/20031/29/20034/30/20032/27/20035/8/20034/30/2003
Confirmed 5/8/2003
100^th 4/26/1988 — — Returned 10/22/1988
Rymer, Pamela A.Ninth^st
101 2/28/19894/5/19895/18/1989Confirmed 5/18/1989
101^st 4/26/1990 — — Returned 10/28/1990
ⁱ^{ki/CRS-RL33839}Motion to report
^g/wfavorably (6-8),
^s^.orRyskamp, Kenneth L.Eleventh4/11/1991
^le^ak102^nd 1/8/19913/19/1991Returned 8/2/1991Motion to report
without
^://wikirecommendation (7-
^h^ttp7), 4/11/1991
107^th 11/8/2001 — — Returned 11/20/2002
Cloture failed (52-46),
Saad, Henry W.Sixth108^th 1/7/20037/30/20036/17/20044/30/2003
Returned 12/8/2004
109^th 2/14/2005 — — Withdrawn 3/27/2006
107^th 5/9/2001 — — Returned 8/3/2001
Shedd, Dennis W.Fourth^th
107 9/4/20016/27/200211/14/2002Confirmed 11/19/2002
107^th 5/22/2001 — — Returned 8/3/2001
Smith, Lavenski R.Eighth^th

107 9/4/20015/23/20026/27/2002Confirmed 7/15/2002

CRS-30
Date of:
Nominee’s NameCircuitCongressNomination HearingCommittee Action^aFinal Action
109^th 12/16/20053/1/20065/4/2006Returned 8/3/2006
Smith, N. Randy^dNinth109^th 9/5/2006 — 9/21/2006Returned 9/29/2006
109^th 11/15/2006 — — Returned 12/9/2006
98^th 7/13/19837/22/1983 — Returned 8/4/1983
Starr, Kenneth W.DC^th
98 9/13/1983 — 9/15/1983Confirmed 9/20/1983
107^th 5/9/2001 — — Returned 8/3/2001
Sutton, Jeffrey S.Sixth107^th 9/4/2001 — — Returned 11/20/2002
108^th 1/7/20031/29/20032/13/2003Confirmed 4/29/2003
^th 9/4/2001 — — Returned 11/20/2002
ⁱ^{ki/CRS-RL33839} 107^th
^g/wTymkovich, Timothy M.Tenth107 5/25/2001 — — Returned 8/3/2001
^s^.or108^th 1/7/20032/12/20033/6/2003Confirmed 4/1/2003
^le^ak^th
97 12/15/1982 — — Returned 12/23/1982
^://wiki98^th 4/21/1983 — — Returned 8/4/1983
^h^ttp
9/29/1983
Unger, Sherman E.Federal9/30/1983
98^th 9/13/1983 — Returned 11/22/198310/05/1983
10/06/1983
10/27/1983
102^nd 9/11/1991 — — Returned 10/8/1992
Van Antwerpen, Franklin S.Third^th

108 11/21/20031/28/20043/4/2004Confirmed 5/20/2004

CRS-31
Date of:
Nominee’s NameCircuitCongressNomination HearingCommittee Action^aFinal Action
109^th 2/8/2006 — — Returned 8/3/2006
Wallace, Michael B.Fifth109^th 9/5/20069/26/2006 — Returned 9/29/2006
109^th 11/15/2006 — — Returned 12/9/2006
105^th 1/7/1997 — — Returned 10/21/1998
White, Helene N.Sixth106^th 1/26/1999 — — Returned 12/15/2000
107^th 1/3/2001 — — Withdrawn 3/19/2001
100^th 6/27/1988 — — Returned 10/22/1988
Wiener, Jacques L., Jr.Fifth^st
101 11/17/19892/21/19903/8/1990Confirmed 3/9/1990
^th 11/10/198311/16/1983 — Returned 11/22/1983
ⁱ^{ki/CRS-RL33839} 98
^g/wWilkinson, James H., IIIFourth^th2/22/1984
^s^.or98 1/30/19843/15/1984Confirmed 8/9/19848/7/1984
^le^ak
106^th 8/5/1999 — — Returned 12/15/2000
^://wikiWynn, James A., Jr.Fourth107^th 1/3/2001 — — Withdrawn 3/19/2001
^h^ttp
^Source:^{CRS J}^u^dⁱ^{cial No}^mⁱⁿ^a^tioⁿ^s^Datab^a^se.
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CRS-32
Appendix 2. U.S. District Courts Nominees with Resubmitted Nominations,

95^th Congress - 109^th Congress (1977-2006)

Date of:
Nominee’s NameCourtCongressNominationHearingCommittee Motion^a Final Action
107^th 10/10/2002 — — Returned 11/20/2002
Adams, John R.N.OH^th
108 01/07/200301/29/200302/06/2003Confirmed 02/10/2003
104^th 11/27/199509/24/1996 — Returned 10/04/1996
Aiken, Ann L.OR^th
105 01/07/199710/28/199711/06/1997Confirmed 01/28/1998
102^nd 03/20/1992 — — Returned 10/08/1992
Anderson, Percy C.CA^th
107 01/23/200204/11/200204/18/2002Confirmed 04/25/2002
ⁱ^{ki/CRS-RL33839}^th
^g/wArmijo, M. ChristinaNM 107 08/02/2001 — — Returned 08/03/2001
^s^.or107^th 09/04/200110/18/200111/01/2001Confirmed 11/06/2001
^le^ak^th
104 03/06/199607/31/1996 — Returned 10/04/1996
^://wikiBataillon, Joseph F.NE105^th 01/07/199707/22/199707/31/1997Confirmed 09/11/1997
^h^ttp^th
98 10/05/1984 — — Returned 10/18/1984
Batchelder, Alice E.N.OH^th
99 02/28/198503/06/198504/03/1985Confirmed 04/03/1985
107^th 06/20/2001 — — Returned 08/03/2001
Bates, John D.DC^th
107 09/04/200110/25/200111/29/2001Confirmed 12/11/2001
104^th 07/21/1995 — — Returned 10/04/1996
Bingler, John H., Jr.W.PA^th
105 07/31/1997 — — Withdrawn 02/12/1998
100^th 06/15/1988 — — Returned 10/22/1988
Bonner, Robert C.C.CA^st
101 02/28/198904/05/198905/18/1989Confirmed 05/18/1989
107^th 08/02/2001 — — Returned 08/03/2001
Bowdre, Karon O.N.AL^th

107 09/04/200110/18/200111/01/2001Confirmed 11/06/2001

CRS-33
Date of:
Nominee’s NameCourtCongressNominationHearingCommittee Motion^a Final Action
107^th 10/10/2002 — — Returned 11/20/2002
Breen, J. DanielW.TN^th
108 01/07/200302/12/200303/06/2003Confirmed 03/13/2003
99^th 12/04/1985 — — Returned 12/20/1985
Bryan, Robert J.W.WA^th
99 02/03/198602/19/198602/27/1986Confirmed 04/24/1986
107^th 08/02/2001 — — Returned 08/03/2001
Bunning, David L.E.KY ^th
107 09/04/200112/10/200102/07/2002Confirmed 02/14/2002
107^th 08/02/2001 — — Returned 08/03/2001
Caldwell, Karen K.E.KY ^th
107 09/04/200110/04/200110/18/2001Confirmed 10/23/2001
ⁱ^{ki/CRS-RL33839}107^th 06/19/2001 — — Returned 08/03/2001
^g/wCamp, Laurie S.NE ^th
^s^.or107 09/04/200110/04/200110/18/2001Confirmed 10/23/2001
^le^ak107^th 10/10/2002 — — Returned 11/20/2002
Carney, Cormac J.C.CA^th
^://wiki108 01/07/200303/12/200303/20/2003Confirmed 04/07/2003
^h^ttp102^nd 07/02/1992 — — Returned 10/08/1992
Casey, Richard C.S.NY^th
105 07/16/199709/30/199710/09/1997Confirmed 10/21/1997
107^th 06/19/2001 — — Returned 08/03/2001
Cassell, Paul G.UT ^th
107 09/04/200103/19/200205/02/2002Confirmed 05/13/2002
99^th 12/04/1985 — — Returned 12/20/1985
Cedarbaum, Miriam G.S.NY^th
99 02/03/198602/19/198602/27/1986Confirmed 03/03/1986
106^th 07/27/2000 — — Returned 12/15/2000
Cercone, David S.W.PA^th
107 03/21/200206/13/200206/20/2002Confirmed 08/01/2002
103^rd 09/14/1994 — — Returned 11/14/1994
Chesney, Maxine M.N.CA^th

104 01/24/199503/28/199504/05/1995Confirmed 05/08/1995

CRS-34
Date of:
Nominee’s NameCourtCongressNominationHearingCommittee Motion^a Final Action
98^th 09/10/198409/18/1984 — Returned 10/18/1984
Cobb, HowellE.TX^th
99 02/26/1985 — 04/03/1985Confirmed 04/03/1985
95^th 11/02/1977 — — Returned 12/15/1977
Motion to report favorably
Collins, Robert F.E.LA^th(5-5), 04/14/1978
95 1/26/197802/07/1978Confirmed 05/17/1978Motion to report favorably
(13-1), 05/16/1978
108^th 04/28/2003 — — Returned 12/08/2004
Conrad, Robert J., Jr.W.NC^th
109 02/14/200503/03/200504/14/2005Confirmed 04/28/2005
ⁱ^{ki/CRS-RL33839}108^th 09/10/2004 — — Returned 12/08/2004
^g/wCox, Sean F.E.MI109^th 02/14/200505/02/200605/11/2006Confirmed 06/08/2006
^s^.or
^le^ak108^th 09/07/200411/16/2004 — Returned 12/08/2004
Crotty, Paul A.S.NY^th
^://wiki109 02/14/2005 — 03/17/2005Confirmed 04/11/2005
^h^ttp105^th 07/30/1998 — — Returned 10/21/1998
Davis, Legrome D.E.PA106^th 01/26/1999 — — Returned 12/15/2000
107^th 01/23/200203/19/200204/11/2002Confirmed 04/18/2002
102^nd 06/03/1992 — — Returned 10/08/1992
Davis, Leonard E.E.TX^th
107 01/23/200204/25/200205/02/2002Confirmed 05/09/2002
107^th 05/22/2002 — — Returned 11/20/2002
Dever, James C., IIIE.NC108^th 01/07/2003 — — Returned 12/08/2004
109^th 02/14/200503/03/200504/14/2005Confirmed 04/28/2005
102^nd 10/02/1992 — — Returned 10/08/1992
Dimitrouleas, William P.S.FL^th

105 01/27/199804/29/199805/07/1998Confirmed 05/14/1998

CRS-35
Date of:
Nominee’s NameCourtCongressNominationHearingCommittee Motion^a Final Action
102^nd 09/09/1992 — — Returned 10/08/1992
Dorr, Richard E.W.MO ^th
107 03/21/200205/24/200206/13/2002Confirmed 08/01/2002
100^th 06/20/1988 — — Returned 10/22/1988
Dudley, Adriane J.VI^st
101 03/08/1990 — — Returned 08/04/1990
99^th 09/26/1986 — — Returned 10/18/1986
Dwyer, William L.W.WA^th
100 07/28/198709/11/198710/29/1987Confirmed 11/05/1987
107^th 08/02/2001 — — Returned 08/03/2001
Eagan, Clair V.N.OK ^th
107 09/04/200110/04/200110/18/2001Confirmed 10/23/2001
ⁱ^{ki/CRS-RL33839}98^th 09/11/198409/19/198409/28/1984Returned 10/18/1984
^g/wEdgar, R. AllanE.TN^th
^s^.or99 02/26/1985 — 04/03/1985Confirmed 04/15/1985
^le^ak107^th 08/02/2001 — — Returned 08/03/2001
Engelhardt, Kurt D.E.LA ^th
^://wiki107 09/04/200110/25/200111/29/2001Confirmed 12/11/2001
^h^ttp107^th 09/12/2002 — — Returned 11/20/2002
Erickson, Ralph R.ND^th
108 01/07/200302/05/200302/27/2003Confirmed 03/12/2003
107^th 07/25/2002 — — Returned 11/20/2002
Feuerstein, Sandra J.E.NY^th
108 01/07/200307/22/200307/31/2003Confirmed 09/17/2003
102^nd 06/19/1992 — — Returned 10/08/1992
Finch, Raymond L.VI^rd
103 03/22/199404/29/199405/05/1994Confirmed 05/06/1994
99^th 10/29/198511/22/1985 — Returned 12/20/1985
Fitzwater, Sidney A.N.TX^th
99 01/29/198602/05/198602/27/1986Confirmed 03/18/1986
103^rd 10/05/1994 — — Returned 11/14/1994
Folsom, DavidE.TX^th

104 01/11/199502/08/199502/23/1995Confirmed 03/17/1995

CRS-36
Date of:
Nominee’s NameCourtCongressNominationHearingCommittee Motion^a Final Action
107^th 08/02/2001 — — Returned 08/03/2001
Friot, Stephen P.W.OK ^th
107 09/04/200110/18/200111/01/2001Confirmed 11/06/2001
107^th 08/01/2002 — — Returned 11/20/2002
Frost, Gregory L.S.OH^th
108 01/07/200302/05/200302/27/2003Confirmed 03/10/2003
98^th 07/21/1983 — — Returned 08/04/1983
Galane, Morton R.NV^th
98 09/13/1983 — — Withdrawn 10/18/1983
100^th 07/06/1988 — — Returned 10/22/1988
Garbis, Marvin J.MD^st
101 08/04/198909/26/198910/18/1989Confirmed 10/24/1989
ⁱ^{ki/CRS-RL33839}99^th 12/04/1985 — — Returned 12/20/1985
^g/wGex, Walter J., IIIS.MS^th
^s^.or99 01/29/198602/05/198602/20/1986Confirmed 02/25/1986
^le^ak96^th 09/17/1980 — — Returned 12/16/1980
Glasser, Israel L.E.NY
^://wiki97th11/23/198112/04/198112/08/1981Confirmed 12/09/1981
^h^ttp107^th 08/02/2001 — — Returned 08/03/2001
Granade, Callie V.S.AL ^th
107 09/04/200112/05/200112/13/2001Confirmed 02/04/2002
96^th 03/05/1979 — — Withdrawn 03/06/1979
Green, Joyce H.DC^th
96 03/06/197904/25/197905/08/1979Confirmed 05/10/1979
107^th 07/10/2001 — — Returned 08/03/2001
Gritzner, James E.S.IA ^th
107 09/04/200101/24/200202/07/2002Confirmed 02/14/2002
102^nd 03/20/1992 — — Returned 10/08/1992
Hanen, Andrew S.S.TX^th
107 01/23/200204/25/200205/02/2002Confirmed 05/09/2002
99^th 12/04/1985 — — Returned 12/20/1985
Hansen, David R.N.IA^th

99 02/03/198602/19/198602/27/1986Confirmed 03/03/1986

CRS-37
Date of:
Nominee’s NameCourtCongressNominationHearingCommittee Motion^a Final Action
98^th 11/10/198311/16/1983 — Returned 11/22/1983
Hargrove, John R.MD^th
98 01/30/1984 — 02/08/1984Confirmed 02/09/1984
100^th 06/23/1988 — — Returned 10/22/1988
Harmon, MelindaS.TX^st
101 02/28/198904/05/198905/18/1989Confirmed 05/18/1989
103^rd 10/05/1994 — — Returned 11/14/1994
Heartfield, ThadE.TX^th
104 01/11/199502/08/199502/23/1995Confirmed 03/17/1995
107^th 08/02/2001 — — Returned 08/03/2001
Heaton, Joe L.W.OK ^th
107 09/04/200111/07/200111/29/2001Confirmed 12/06/2001
ⁱ^{ki/CRS-RL33839}96^th 02/27/1980 — — Returned 12/16/1980
^g/wHeen, Walter M.HI
^s^.or97th01/08/1981 — — Withdrawn 01/21/1981
^le^ak105^th 09/16/199810/06/199810/08/1998Returned 10/21/1998
Hibbler, William J.N.IL^th
^://wiki106 01/26/1999 — 03/25/1999Confirmed 04/15/1999
^h^ttp102^nd 07/12/1992 — — Returned 10/08/1992
Hicks, Larry R.NV107^th 08/02/2001 — — Returned 08/03/2001
107^th 09/04/200110/18/200111/01/2001Confirmed 11/05/2001
107^th 09/12/2002 — — Returned 11/20/2002
Hicks, S. Maurice, Jr.W.LA^th
108 01/07/200304/30/200305/08/2003Confirmed 05/19/2003
104^th 11/27/1995 — — Returned 10/04/1996
Hochberg, Faith S.NJ^th
106 04/22/199910/26/199911/04/1999Confirmed 11/10/1999
98^th 09/06/198409/18/198409/28/1984Returned 10/18/1984
Holderman, James F., Jr.N.IL^th

99 02/25/1985 — 04/03/1985Confirmed 04/03/1985

CRS-38
Date of:
Nominee’s NameCourtCongressNominationHearingCommittee Motion^a Final Action
107^th 08/01/2002 — — Returned 11/20/2002
Holwell, Richard J.S.NY^th
108 01/07/200307/22/200307/31/2003Confirmed 09/17/2003
107^th 08/02/2001 — — Returned 08/03/2001
Johnson, William P.NM ^th
107 09/04/200110/25/200111/29/2001Confirmed 12/13/2001
96^th 05/16/197908/26/1980 — Returned 12/16/1980
Jones, James P.W.VA^th
104 12/12/199502/28/199603/13/1996Confirmed 07/18/1996
107^th 07/18/2002 — — Returned 11/20/2002
Junell, Robert A.W.TX^th
108 01/07/200301/29/200302/06/2003Confirmed 02/10/2003
ⁱ^{ki/CRS-RL33839}98^th 07/21/198308/01/1983 — Returned 08/04/1983
^g/wKeenan, John F.S.NY^th
^s^.or98 09/13/1983 — 09/15/1983Confirmed 09/20/1983
^le^ak105^th 09/16/199810/06/1998 — Returned 10/21/1998
Kennelly, Matthew F.N.IL^th
^://wiki106 01/26/1999 — 03/25/1999Confirmed 04/15/1999
^h^ttp105^th 01/27/1998 — — Returned 10/21/1998
Klein, James W.DC^th
106 03/25/1999 — — Returned 12/15/2000
104^th 03/29/199607/31/199609/19/1996Returned 10/04/1996
Kollar-Kotelly, ColleenDC^th
105 01/07/1997 — 05/06/1997Confirmed 05/20/1997
98^th 09/11/198409/19/198409/28/1984Returned 10/18/1984
La Plata, GeorgeE.MI^th
99 02/27/1985 — 04/03/1985Confirmed 04/03/1985
104^th 05/09/1996 — — Returned 10/04/1996
Lazzara, Richard A.M.FL^th
105 01/07/199709/05/199709/18/1997Confirmed 09/26/1997
102^nd 04/30/1992 — — Returned 10/08/1992
Leighton, Ronald B.W.WA^th

107 01/23/200210/07/200210/08/2002Confirmed 11/14/2002

CRS-39
Date of:
Nominee’s NameCourtCongressNominationHearingCommittee Motion^a Final Action
107^th 09/12/2002 — — Returned 11/20/2002
Ludington, Thomas L.E.MI108^th 01/07/2003 — — Returned 12/08/2004
109^th 02/14/200505/02/200605/11/2006Confirmed 06/08/2006
95^th 11/21/1977 — — Returned 12/15/1977
Mazzone, David A.MA^th
95 01/26/197802/07/197802/07/1978Confirmed 02/07/1978
99^th 10/29/1985 — — Returned 12/20/1985
McAvoy, Thomas A.N.NY^th
99 01/29/198602/05/198602/27/1986Confirmed 03/03/1986
100^th 03/14/198808/09/198810/05/1988Returned 10/22/1988
ⁱ^{ki/CRS-RL33839}McGregor, James R.W.PA101^st 10/15/1990 — — Returned 10/28/1990
^g/w^nd
^s^.or102 01/08/1991 — — Returned 08/02/1991
^le^ak98^th 09/11/198409/19/198409/28/1984Returned 10/18/1984
Meredith, Ronald E.W.KY^th
^://wiki99 02/27/1985 — 04/03/1985Confirmed 04/03/1985
^h^ttp104^th 09/05/1996 — — Returned 10/04/1996
Middlebrooks, Donald M.S.FL^th
105 01/07/199703/18/199704/17/1997Confirmed 05/23/1997
104^th 07/19/1996 — — Returned 10/04/1996
Miller, Jeffrey T.S.CA^th
105 01/07/199703/18/199704/17/1997Confirmed 05/23/1997
107^th 07/10/2001 — — Returned 08/03/2001
Mills, Michael P.N.MS ^th
107 09/04/200109/13/200110/04/2001Confirmed 10/11/2001
104^th 12/21/199503/27/199604/25/1996Returned 10/04/1996
Mollway, Susan O.HI^th
105 01/07/199702/04/199804/30/1998Confirmed 06/22/1998
104^th 05/09/199606/25/199606/27/1996Returned 10/04/1996
Morrow, Margaret M.C.CA^th

105 01/07/199703/18/199706/12/1997Confirmed 02/11/1998

CRS-40
Date of:
Nominee’s NameCourtCongressNominationHearingCommittee Motion^a Final Action
96^th 09/17/1980 — — Returned 12/16/1980
Nimmons, Ralph W., Jr.M.FL^nd
102 05/23/199106/20/199106/27/1991Confirmed 06/28/1991
105^th 04/29/1998 — — Returned 10/21/1998
Norton, LynetteW.PA^th
106 01/26/1999 — — Returned 12/15/2000
107^th 07/18/2002 — — Returned 11/20/2002
Otero, S. JamesC.CA^th
108 01/07/200301/29/200302/06/2003Confirmed 02/10/2003
102^nd 09/24/1992 — — Returned 10/08/1992
O’Toole, George A., Jr.MA^th
104 04/04/199505/04/199505/18/1995Confirmed 05/25/1995
ⁱ^{ki/CRS-RL33839}102^nd 09/17/1992 — — Returned 10/08/1992
^g/w N.E.W . O^th
^s^.orPayne, James H.K107 08/02/2001 — — Returned 08/03/2001
^le^ak107^th 09/04/200110/04/200110/18/2001Confirmed 10/23/2001
^://wikiPhillips, Virginia A.C.CA105^th 05/11/1998 — — Returned 10/21/1998
^h^ttp106^th 01/26/199910/26/199911/04/1999Confirmed 11/10/1999
104^th 08/02/1996 — — Returned 10/04/1996
Pratt, Robert W.S.IA^th
105 01/07/199703/18/199704/17/1997Confirmed 05/23/1997
102^nd 06/02/1992 — — Returned 10/08/1992
Quarles, William D., Jr.MD107^th 09/12/2002 — — Returned 11/20/2002
108^th 01/07/200302/05/200302/27/2003Confirmed 03/12/2003
99^th 10/03/1986 — — Returned 10/18/1986
Raggi, ReenaE.NY^th
100 01/20/198704/01/198704/29/1987Confirmed 05/07/1987
107^th 08/02/2001 — — Returned 08/03/2001
Reeves, Danny C.E.KY ^th

107 09/04/200111/07/200111/29/2001Confirmed 12/06/2001

CRS-41
Date of:
Nominee’s NameCourtCongressNominationHearingCommittee Motion^a Final Action
104^th 01/26/1996 — — Returned 10/04/1996
Rodriguez, AnabellePR^th
105 03/21/199710/01/1998 — Returned 10/21/1998
98^th 09/17/198409/26/1984 — Returned 10/18/1984
Rodriguez, Joseph H.NJ^th
99 02/28/198504/17/198505/02/1985Confirmed 05/03/1985
107^th 01/23/2002 — — Returned 11/20/2002
Rohlfing, Frederick W., IIIHI^th
108 01/07/2003 — — Withdrawn 05/06/2004
108^th 04/28/2003 — — Returned 12/08/2004
Ryan, Daniel P.E.MI^th
109 02/14/2005 — — Withdrawn 03/30/2006
ⁱ^{ki/CRS-RL33839}104^th 12/19/1995 — — Returned 10/04/1996
^g/wSchattman, Michael D.N.TX^th
^s^.or105 03/21/1997 — — Withdrawn 07/31/1998
^le^ak108^th 09/15/200411/16/2004 — Returned 12/08/2004
Seabright, J. MichaelHI^th
^://wiki109 02/14/2005 — 03/17/2005Confirmed 04/27/2005
^h^ttp99^th 10/23/198511/22/1985 — Returned 12/20/1985
03/13/1986Motion to report favorably
Sessions, Jefferson B., IIIS.AL^th(8-10), 06/05/198603/19/1986
99 01/29/1986Withdrawn 07/31/198603/20/1986Motion to report without
recommendation (9-9),
06/05/198605/06/1986
102^nd 07/27/1992 — — Returned 10/08/1992
Seybert, JoannaE.NY^rd
103 09/24/199311/09/199311/18/1993Confirmed 11/20/1993
108^th 11/05/2003 — — Returned 12/08/2004
Sheridan, Peter G.NJ^th

109 02/14/200504/25/200605/04/2006Confirmed 06/08/2006

CRS-42
Date of:
Nominee’s NameCourtCongressNominationHearingCommittee Motion^a Final Action
95^th 11/22/1977 — — Returned 12/15/1977
Simmons, Paul A.W.PA^th
95 01/26/197802/09/197804/05/1978Confirmed 04/06/1978
103rd09/22/1994 — — Returned 11/14/1994
Snodgrass, John D.N.AL^th
104 01/11/1995 — — Withdrawn 09/05/1995
104^th 05/15/1996 — — Returned 10/04/1996
Snyder, Christina A.C.CA^th
105 01/07/199707/22/199709/18/1997Confirmed 11/07/1997
98th06/28/1984 — — Returned 10/18/1984
10/29/1985
ⁱ^{ki/CRS-RL33839} 11/07/1985
^g/wSporkin, StanleyDC^th
^s^.or99 04/05/198512/12/1985Confirmed 12/16/198511/15/1985
^le^ak 11/20/1985
^://wiki 12/10/1985
^h^ttp96^th 06/02/198008/05/1980 — Returned 12/16/1980
Sprizzo, John E.S.NY^th
97 07/29/198109/15/198109/23/1981Confirmed 09/25/1981
107^th 12/19/2001 — — Returned 11/20/2002
Stanceu, Timothy C.TRADE^th
108 01/07/200302/12/200302/27/2003Confirmed 03/06/2003
103^rd 09/14/1994 — — Returned 11/14/1994
Stein, Sidney H.S.NY^th
104 01/11/199502/08/199502/23/1995Confirmed 03/17/1995
104^th 09/29/199507/31/1996 — Returned 10/04/1996
Sundram, Clarence J.N.NY^th
105 01/07/199706/25/1997 — Returned 10/21/1998
104^th 08/10/1995 — — Returned 10/04/1996
Tagle, Hilda G.S.TX^th

105 03/21/199702/25/199803/05/1998Confirmed 03/11/1998

CRS-43
Date of:
Nominee’s NameCourtCongressNominationHearingCommittee Motion^a Final Action
103^rd 10/05/1994 — — Returned 11/14/1994
Thornburg, Lacy H.W.NC^th
104 01/11/199502/08/199502/23/1995Confirmed 03/17/1995
104^th 05/16/199607/31/1996 — Returned 10/04/1996
Thrash, Thomas W., Jr.N.GA^th
105 01/07/199705/07/199705/22/1997Confirmed 07/31/1997
102^nd 11/27/1991 — — Returned 10/08/1992
Trager, David G.E.NY^rd
103 08/06/199311/09/199311/18/1993Confirmed 11/20/1993
107^th 10/10/2002 — — Returned 11/20/2002
Varlan, Thomas A.E.TN^th
108 01/07/200302/12/200303/06/2003Confirmed 03/13/2003
ⁱ^{ki/CRS-RL33839}97^th 12/16/1982 — — Returned 12/23/1982
^g/w^th
^s^.orVukasin, John P., Jr.N.CA98 01/31/198306/22/198307/21/1983Returned 08/04/1983
^le^ak98^th 08/08/1983 — 09/15/1983Confirmed 09/20/1983
^://wiki100^th 12/19/1987 — — Returned 10/08/1992
^h^ttpWalker, Vaughn R.N.CA101^st 02/28/1989 — — Returned 08/04/1989
101^st 09/07/198911/09/198911/16/1989Confirmed 11/22/1989
98^th 10/05/1984 — — Returned 10/18/1984
Walter, Donald E.W.LA^th
99 05/15/198506/19/198506/20/1985Confirmed 07/10/1985
102^nd 03/20/1992 — — Returned 10/08/1992
Walter, John F.C.CA^th
107 01/23/200204/11/200204/18/2002Confirmed 04/25/2002
107^th 06/20/2001 — — Returned 08/03/2001
Walton, Reggie B.DC^th
107 09/04/200108/22/200109/06/2001Confirmed 09/21/2001
101^st 09/21/1990 — — Returned 10/28/1990
Wanger, Oliver W.E.CA^nd

102 01/08/199103/13/199103/21/1991Confirmed 03/21/1991

CRS-44
Date of:
Nominee’s NameCourtCongressNominationHearingCommittee Motion^a Final Action
98^th 09/17/198409/26/1984 — Returned 10/18/1984
Weber, Herman J.S.OH^th
99 02/28/1985 — 04/03/1985Confirmed 04/03/1985
105^th 06/26/199705/14/199805/21/1998Returned 10/21/1998
White, Ronnie L.E.MO^thRejected (45-54),
106 01/26/1999 — 07/22/199910/05/1999
98^th 10/05/1984 — — Returned 10/18/1984
Williams, Ann C.N.IL^th
99 03/14/198503/26/198504/03/1985Confirmed 04/03/1985
98^th 10/05/1984 — — Returned 10/18/1984
Wolf, Mark L.MA^th
ⁱ^{ki/CRS-RL33839}99 03/14/198503/20/198504/03/1985Confirmed 04/03/1985^th
^g/wWooten, Terry L.SC 107 06/18/2001 — — Returned 08/03/2001
^s^.or107^th 09/04/200108/27/2001^b11/08/2001Confirmed 11/08/2001
^le^ak^th
98 09/11/198409/19/198409/28/1984Returned 10/18/1984
^://wikiYoung, William G.MA99^th 03/14/1985 — 04/03/1985Confirmed 04/03/1985
^h^ttp
^Source:^{CRS J}^u^dⁱ^{cial No}^mⁱⁿ^a^tioⁿ^s^Datab^a^se.
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^{b. T}^h^{e Sen}^a^{te J}^u^diciary^C^o^m^m^{ittee h}^e^{ld h}^earin^g^sⁱⁿ^adv^aⁿ^{ce of}^th^{e s}^econ^dⁿ^o^mⁱⁿ^a^tion^of^T^e^rry^L^.^W^ooten^.