President Bush's Judicial Nominations During the 101st and 102nd Congresses

President Bush’s Judicial
Nominations During the 101st and
102nd Congresses
Summary
There are ten categories of courts (including the local courts of the District of
Columbia) to which the President nominates judges. The following report provides
background and statistics concerning President Bush’s judicial nominations in each
court category as well as actions taken on those nominations by the United States
Senate.
Each of the report’s ten sections discusses the composition and jurisdiction of the
court in question and notes the committee to which nominations to this court were
referred when received by the Senate. Also, statistics on judicial nominations
received by the Senate during the four years of the Bush Presidency are presented,
including the following:
!Overall number of persons nominated, confirmed, and not confirmed
to the court in question;
!Number of President Bush’s nominees currently sitting on the court;
!Breakdowns, for both the 101st and 102nd Congresses, of the
number of nominations received by the Senate, confirmed, or failing
to receive Senate confirmation.
At the end of each section, a table lists President Bush’s pertinent court
nominations during the 101st and 102nd Congresses, including nomination dates,
hearing dates, dates reported out of committee, and dates of confirmation or other
final Senate action.
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Contents
In troduction ......................................................1
Nominations to the Supreme Court of the United States....................5
Nominations to the U.S. Courts of Appeals..............................7
Nominations to the U.S. District Courts...............................11
Nominations to the U.S. Court of International Trade.....................20
Nominations to the U.S. Court of Federal Claims........................21
Nominations to the U.S. Tax Court...................................22
Nominations to the U.S. Court of Veterans Appeals......................23
Nominations to the Superior Court of the District of Columbia.............24
Nominations to the District of Columbia Court of Appeals................26
Nominations to the U.S. Court of Military Appeals......................27
List of Tables
Table 1. Presidential Nominations to the Supreme Court
of the United States During the 101st and 102nd Congresses............6
Table 2. Presidential Nominations to the U.S. Courts
of Appeals During the 101st and 102nd Congresses, 1989-92...........8
Table 3. Presidential Nominations to the U.S. District
Courts During the 101st and 102nd Congresses, 1989-92..............13
Table 4. Presidential Nominations to the U.S. Court of International Trade
During the 101st and 102nd Congresses, 1989-92...................20
Table 5. Presidential Nominations to the U.S. Claims Court
During the 101st and 102nd Congresses, 1989-92...................21
Table 6. Presidential Nominations to the U.S. Tax Court
During the 101st and 102nd Congresses, 1989-92...................22
Table 7. Presidential Nominations to the U.S. Court
of Veterans Appeals During the 101st
and 102nd Congresses, 1989-92.................................23
Table 8. Presidential Nominations to the Superior Court
of the District of Columbia During the 101st
and 102nd Congresses, 1989-92.................................25
Table 9. Presidential Nominations to the District
of Columbia Court of Appeals During the 101st
and 102nd Congresses, 1989-92 .................................26
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of Military Appeals During the 101st and 102nd Congresses,
1989-1992 ..................................................27
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President Bush’s Judicial
st
Nominations During the 101 and
nd
102 Congresses
Introduction
Under the Constitution of the United States, the President nominates and,
subject to confirmation by the Senate, appoints Justices to the Supreme Court as well
as judges to most lower Federal courts.1
The Presidential nominating power directly affects the composition of nearly all
of the courts making up the Federal judiciary. There are ten courts or court systems
to which the President nominates judges. Specifically, these are the:
Supreme Court of the United States;
United States Courts of Appeals;
United States District Courts (including the Territorial courts);
United States Court of International Trade;
United States Court of Federal Claims;
United States Tax Court;
United States Court of Veterans Appeals;
Superior Court of the District of Columbia;
District of Columbia Court of Appeals; and
United States Court of Military Appeals;
During the four years of his Presidency, George Bush nominated persons to
judgeships on all of these courts.
The President, however, does not nominate Federal bankruptcy judges (who are
appointed by the United States Courts of Appeals), administrative law judges
(appointed by Federal agencies), or U.S. magistrates (appointed by the United States
District Courts), nor are these judges subject to Senate confirmation.
Justices on the Supreme Court and judges on other courts established by
Congress under Article III of the Constitution “hold their Offices during good
Behaviour”—i.e., they receive lifetime appointments. In addition to the Supreme
Court, the “Article III courts” consist of the U.S. Courts of Appeals, the U.S. Court
1 In pertinent part, Article II, Section 2, Clause 2 provides that the President “shall nominate,
and by and with the Advice and Consent of the Senate, shall appoint . . . Judges of the
supreme Court and all other Officers of the United States, whose Appointments are not
herein otherwise provided for, and which shall be established by Law. . . .”
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of International Trade, and the U.S. District Courts in the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
The President, as previously noted, nominates judges to other Federal courts as
well. These are the so-called “legislative courts,” which are created by Congress
under divers constitutional authority not requiring lifetime (“good behaviour”)
tenure. Presidential nominations to these courts entail fixed terms of various
lengths.2
In the following pages, ten separate sections provide background and statistics
concerning President Bush’s judicial nominations to each of the court categories
listed above.3 Each section begins by briefly discussing the composition and
jurisdiction of the court or court system in question. Then various statistics are
provided, including: overall number of nominations to the court which were
received, confirmed, or not confirmed by the Senate during Mr. Bush’s Presidency;
the number of President Bush’s appointees who currently serve on the court (as
distinguished from those who since their appointment may have left the court); and
a breakdown, for both the 101st and 102nd Congresses, of the number of
nominations received by the Senate, confirmed, or failing to receive Senate
confirmation. Also noted is the committee to which judicial nominations to a
particular court were referred after being received by the Senate.
The most common ways in which a judicial nomination fails to receive Senate
confirmation are these:
2 Two courts of local jurisdiction for the District of Columbia, as well as the Territorial
courts in the U.S. Virgin Islands, the Northern Mariana Islands, and Guam, have been
created pursuant to Congress’s power “to dispose of and make all needful Rules and
Regulations respecting the Territory or other Property belonging to the United States”
(Article IV, Section 3, Clause 2). Under this power, Congress has enacted laws providing
for 15-year judicial appointments to the District of Columbia courts and for 10-year judicial
terms on the Territorial courts.
Besides the local courts of the District of Columbia, four courts of specialized subject
matter jurisdiction—the U.S. Claims Court, the U.S. Tax Court, the U.S. Court of Veterans
Appeals, and the U.S. Court of Military Appeals—have been created pursuant to
constitutional authority other than Article III. Congress has enacted laws providing for 15-
year judicial appointments to these courts.
3 The focus of this report is appointments through the process of Presidential nomination and
Senate confirmation, but on rare occasions appointment to these courts are made without
submitting a nomination to the Senate. This may occur when a President exercises his
constitutional power to make “recess appointments.” Specifically, Article II, Section 2,
Clause 3 of the U.S. Constitution empowers the President “to fill up all Vacancies that may
happen during the Recess of the Senate, by granting Commissions which shall expire at the
End of their next Session.” During his tenure in office, President Ronald Reagan made one
judicial “recess appointment”; the appointment, to the U.S. Claims Court, was made afterth
the sine die adjournment of the Second Session of the 97 Congress and prior to theth
convening of the 98 Congress. (See: U.S. Library of Congress. Congressional Researchth
Service. President Reagan’s Judicial Nominations During the 100 Congress. Report No.

89-50 GOV, by Denis Steven Rutkus. Washington, 1988 p. 3.) During his Presidency,


however, George Bush made no judicial “recess appointments.”
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(1) The Senate committee to which the nomination has been referred
either votes against reporting the nomination to the Senate or makes clear
its intention not to act on the nomination—after which the President
usually withdraws the nomination;
(2) The full Senate votes against confirmation;
(3) Without confirming or rejecting the nomination, the Senate
adjourns or recesses for more than 30 days, at which time it returns the
nomination to the President pursuant to Rule XXXI, paragraph 6, Standing
Rules of the Senate.4
During President Bush’s tenure in office, all but one of those judicial nominations
which eventually failed to be confirmed fell in the third category.5 One of the failed
nominations fell into the first as well as the third category, having received
unfavorable action at the committee level before being returned by the Senate.6
In a number of instances, when the Senate returned a judicial nomination
pursuant to Rule XXXI, President Bush renominated the individual involved, after
which the Senate then confirmed the individual. Each court section notes, where
applicable, the respective number of nominations that were returned by the Senate,
were resubmitted by the President, and ultimately were confirmed or failed to be
confirmed.7
4 Paragraph 6 of Senate Rule XXXI provides in part that “if the Senate shall adjourn or take
a recess for more than thirty days, all nominations pending and not finally acted upon at the
time of taking such adjournment or recess shall be returned by the Secretary to the President
and shall not again be considered unless they shall again be made to the Senate by the
President.”
5 One U.S. district court nomination failed to be confirmed for none of the above-listed
reasons when President Bush the same day withdrew the nomination of an individual to one
district judgeship and nominated him to a judgeship in another district. See October 24,

1991 and November 5, 1991 nominations of Jimm Larry Hendren, Table 3.


6 The nomination in question was that of Kenneth L. Ryskamp of Florida to be a U.S. Court
of Appeals judge for the Eleventh Circuit. On April 11, 1991, a motion in the Senate
Committee on the Judiciary to report favorably the Ryskamp nomination to the Senate failed
by a 6-8 vote. A second motion to report the nomination to the Senate without a
recommendation also failed, by a 7-7 tie vote. See: Biskupic, Joan. Home-State Senator’s
Opposition Marked End for Court Nominee. Congressional Quarterly Weekly Report, v.

49, April 13, 1991. p. 922. In the months immediately after the negative committee action,


President Bush declined to withdraw the nomination, with the result that it was returned to
him on August 2, 1991, pursuant to Rule XXXI, when the Senate adjourned for more than

30 days. See: Mitchell, George J. Return of Certain Nominations to the President.


Remarks in the Senate. Congressional Record, Daily Edition, v. 137, Aug. 2, 1991. p.
S12131.
7 Thus, the statistics in this report distinguish between the overall number of nominations
once failing to receive Senate confirmation and the smaller number of nominees who failed
ever to be confirmed. The former number covers all instances of nominations failing
confirmation when returned pursuant to Rule XXXI, regardless of whether the nominees
(continued...)
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At the end of each section is a table which lists President Bush’s nominations
to the court during the 101st and 102nd Congresses, respectively. Separate columns
indicate for each nomination the dates of nomination, committee hearing, committee
action, and confirmation or other final Senate action. Nominations are listed in
chronological order according to their nomination date. In the confirmation column,
a date by itself indicates that the Senate, on the date given, confirmed the nominee
by voice vote or unanimous consent. A confirmation date, with a vote total
underneath, indicates that Senate confirmation was by a roll call vote. This column
also indicates the final disposition of nominations failing to receive Senate
confirmation. An entry of “Returned, 10/08/92,” for example, indicates that the
nomination was returned to the President pursuant to Senate Rule XXXI, paragraph
6, due to the Senate’s taking a recess of more than 30 days. In this instance, the
nomination failed to receive confirmation by the sine die adjournment of the Second
Session of the 102nd Congress on October 8, 1992.
7 (...continued)
involved were later renominated and confirmed. The latter number accounts only for
individuals who failed ever to be confirmed either because of unfavorable committee action,
Senate rejection, the withdrawal of the nomination, or the President’s disinclination to
renominate upon receiving from the Senate a returned nomination.
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Nominations to the Supreme Court
of the United States
The Supreme Court of the United States consists of a Chief Justice and eight
Associate Justices. As the highest appellate court in the Federal judiciary, the
Supreme Court reviews decisions of lower Federal courts as well as rulings of State
courts where a Federal question is involved. The Court also has original jurisdiction
(that is, it can act as a court of first resort) over cases affecting public ministers of
foreign states and in certain cases in which a State is a party.
Of the Court’s present members, two Associate Justices are Bush appointees.
The first of the two, David H. Souter, was nominated and confirmed to the Court in
1990, during the 101st Congress; the second, Clarence Thomas, was appointed in

1991, during the present 102nd Congress.


On July 25, 1990, President Bush nominated Judge David H. Souter of the U.S.
Circuit Court of Appeals for the First Circuit to fill a Supreme Court vacancy created
by the retirement of Justice William J. Brennan.8 As a Supreme Court nominee,
Judge Souter testified before the Senate Judiciary Committee on September 13, 14
and 17, 1990, followed by two more days of hearings, on September 18 and 19, for
other witnesses testifying in support of or against the nomination. The Judiciary
Committee on September 27 voted 13-1 to report the Souter nomination favorably
to the full Senate. On October 2, the Senate, after four hours of debate, confirmed
the Souter nomination by a roll call vote of 90-9.9
The second occasion for President Bush to make a Supreme Court appointment
arose on June 27, 1991, when Associate Justice Thurgood Marshall announced his
intention to retire. To fill the prospective Court vacancy, President Bush nominated
Judge Clarence Thomas of the U.S. Circuit Court of Appeals for the District of
Columbia.10 After being received by the Senate on July 8, 1991, the nomination of
Judge Thomas was referred to the Committee on the Judiciary. Judge Thomas
testified before the Senate Judiciary Committee on September 10, 11, 12, 13, and 16,
followed by three more days of hearings on September 17, 19, and 20 for other
witnesses testifying in support of or against the nomination. On September 27 the
8 At this point, Judge Souter had served as a Federal appellate judge for only three months,
having been nominated by President Bush to the circuit judgeship on January 24, 1990 and
confirmed by the Senate on April 27, 1990. See Table 2.
9 See: U.S. Congress. Senate. Committee on the Judiciary. Nomination of David H.
Souter To Be Associate Justice of the Supreme Court of the United States. Hearings, 101st
Cong., 2nd Sess., Sept. 13, 14, 17, 18, and 19, 1990. Washington, U.S. Govt. Print. Off.,

1991. 1198 p.; Biskupic, Joan. Souter Gains 13-1 Approval of Judiciary Committee.


Congressional Quarterly Weekly Report, v. 48, Sept. 29, 1990. p. 3127-28; Supreme Court
of the United States. Congressional Record, Daily Edition, v. 136, Oct. 2, 1990. p. S14338-

74.


10 Judge Thomas had been nominated to the circuit judgeship by President Bush on October

31, 1989 and received Senate confirmation to that position on March 6, 1990. See Table 2.


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Committee voted 13-1 to report the Thomas nomination to the full Senate with no
recommendation, after a motion to recommend the nomination favorably failed by
a Committee vote of 7-7. The Senate on October 3 and 4 debated whether to confirm
Judge Thomas, scheduling the confirmation vote for October 8. When the Senate
resumed this debate on October 7, however, its attention was directed to a sexual
harassment accusation against the nominee (which had been made public on October
5). On October 8, the Senate agreed by unanimous consent to reschedule its vote on
the Thomas nomination to October 15 to allow the Judiciary Committee time for
further inquiry into this accusation. On October 11, the Judiciary Committee,
beginning a second round of hearings, heard testimony by law professor Anita Hill
relating in detail her allegations of the nominee’s past sexual harassment of her, and
testimony by Judge Thomas denying the accusations. The Committee heard further
testimony from Judge Thomas on October 12 and from supporting witnesses for both
Professor Hill and Judge Thomas on October 13. On October 15, after resuming
debate on the nomination, the Senate voted 52-48 to confirm Judge Thomas to the
Supreme Court—the most Senate votes ever cast against a nominee confirmed to the
Court.11
Table 1. Presidential Nominations to the Supreme Court
of the United States During the 101st and 102nd Congresses
NomineeTo ReplaceNominatedHearingsReportedConfirmed
David H. SouterWilliam J. Brennan07/25/9009/13,14,17,09/27/90 10/02/90
of New Hampshire18,19/9090-9 vote
Clarence ThomasThurgood Marshall07/08/9109/10,11,12,09/27/9110/15/91
of Georgia13, 16, 17,52-48 vote

19, 20/91;


10/11,12,13/91
11 See: Biskupic, Joan. Thomas Drama Engulfs Nation; Anguished Senate Faces Vote.
Congressional Quarterly Weekly Report, v. 49, Oct. 12, 1991. p. 2948-57; Biskupic, Joan.
Thomas’ Victory Puts Icing on Reagan-Bush Court. Congressional Quarterly Weekly
Report, v. 49, Oct. 19, 1991. p. 3026-33; Nomination of Clarence Thomas, of Georgia, To
Be an Associate Justice of the Supreme Court of the United States. Congressional Record,
Daily Edition, v. 137, Oct. 15, 1991. p. S14626-705.
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Nominations to the U.S. Courts of Appeals
The U.S. Courts of Appeals review appeals from decisions of the Federal trial
courts and are empowered to review the orders of many administrative agencies.
Cases are generally presented to the courts sitting in panels consisting of three judges.
Often called circuit courts, the U.S. Courts of Appeals are divided geographically
into 12 circuits (including one for the District of Columbia), each having from six to
28 judges. There also exists a Court of Appeals for the Federal Circuit (consisting
of 12 judges), which has nationwide jurisdiction and which reviews, among other
things, lower court rulings in patent, trademark, and copyright cases.12
Altogether, 179 permanent circuit judgeships are authorized by law. Forty-two
of President Bush’s nominees to the circuit courts of appeal received Senate
confirmation. All but two of the 42 currently are active judges on the circuit courts.
The other Bush appointees to circuit court judgeships—David H. Souter and
Clarence Thomas—were “elevated” by their later nomination and confirmation to the
Supreme Court.
Upon being transmitted by the President to the Senate, circuit court nominations
are referred to the Committee on the Judiciary.
During the 101st Congress, 22 of President Bush’s 23 nominees to the Courts of
Appeals received Senate confirmation. The other nomination failed to be confirmed
when it was returned to the President at a sine die adjournment of the Congress
pursuant to Rule XXXI of the Standing Rules of the Senate. (The name of that
nominee then was resubmitted by President Bush in the 102nd Congress, but this
nomination also failed, at the committee action stage.)
During the 102nd Congress, the Senate received 31 appeals court nominations
from the President. Twenty of these nominations were confirmed while the other
eleven were returned to the President pursuant to Rule XXXI. Of the 11, one was
returned at the start of the Senate’s August 1991 recess (after the Judiciary
Committee voted against reporting out the nomination), and ten were returned on
October 8, 1992, at the sine die adjournment of the Second Session of the 102nd
Congress (after receiving no committee or Senate action).
In the table below, the phrase “New position” occasionally appears in the
“Circuit” column. The phrase refers to a judicial vacancy created by the Judicial
Improvements Act of 1990 (104 Stat. 5089, 28 U.S.C. 44). This Act, among other
things, authorized a total of 11 new U.S. Appeals Court judgeships. A “New
position” vacancy is to be distinguished from a vacancy created when a circuit judge
12 Besides lower court rulings in patent, trademark, and copyright cases, this court reviews
certain appeals from U.S. district and territorial courts in contract, internal revenue, and
other cases, as well as decisions of the U.S. Claims Court and the U.S. Court of International
Trade, and administrative rulings by the Patent and Trademark Office, the U.S. International
Trade Commission, the Secretary of Commerce, agency boards of contract appeals, and the
Merit System Protection Board.
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died, retired, or resigned from office. Unless designated “New position,” the
nominations listed below are to judgeships which a predecessor held until he or she
vacated the office.
Table 2. Presidential Nominations to the U.S. Courts
of Appeals During the 101st and 102nd Congresses, 1989-92
Nominee Circuit Nominated H earings Reported Conf i rmed
101st Congress
Ferdinand F. Ninth02/28/8905/11/8905/18/8905/18/89
Fernandez of
California
Pamela Ann RymerNinth02/28/8904/05/8905/18/8905/18/89
of California
Conrad K. CyrFirst08/04/8909/26/8910/18/8910/24/89
of Maine
S. Jay PlagerFederal09/12/8910/20/8911/02/8911/08/89
of Indiana
John M. Walker, Jr.,Second09/21/8911/07/8911/16/8911/22/89
of New York
Clarence ThomasD.C.10/31/8902/06/9002/22/9003/06/90
of Virginia
Rhesa H. BarksdaleFifth11/17/8902/27/9003/08/9003/09/90
of Mississippi
Jacques L. Wiener,Fifth11/17/8902/21/9003/08/9003/09/90
Jr., of Louisiana
Raymond C. Clevenger,Federal01/24/9004/04/9004/26/9004/27/90
III, of the District
of Columbia
Alan D. LourieFederal01/24/9003/22/9004/05/9004/05/90
of Pennsylvania
David H. SouterFirst01/24/9004/05/9004/26/9004/27/90
of New Hampshire
Samuel A. Alito, Jr.,Third02/20/9004/05/9004/26/9004/27/90
of New Jersey
Stanley F. Birch,Eleventh03/22/9005/02/9005/10/9005/11/90
Jr., of Georgia
Richard F. Sixth04/19/9006/11/9006/27/9006/29/90
Suhrheinrich
of Michigan
Kenneth J. RyskampEleventh04/26/90Returned
of Florida10/28/90
Karen LeCraft D.C.05/08/9006/11/9006/27/9006/29/90
Henderson of
South Carolina
A. Raymond RandolphD.C.05/08/9006/27/9007/12/9007/13/90
of Maryland
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Nominee Circuit Nominated H earings Reported Conf i rmed
101st Congress
Paul V. NiemeyerFourth05/11/9007/16/9007/26/9008/04/90
of Maryland
Joel F. DubinaEleventh06/07/9009/11/9009/27/9009/28/90
of Alabama
Randall R. RaderFederal06/12/9007/16/9007/26/9008/04/90
of Virginia
Joseph M. McLaughlinSecond07/10/9010/05/9010/11/9010/12/90
of New York
Thomas G. NelsonNinth07/18/9010/05/9010/11/9010/12/90
of Idaho
James B. LokenEighth09/10/9010/05/9010/11/9010/12/90
of Minnesota
102nd Congress
Kenneth L. RyskampEleventh01/08/9103/19,20/91DisapprovedReturned
of Florida04/11/9108/02/91
Emilio GarzaFifth04/11/9105/15/9105/23/9105/24/91
of Texas
J. Michael LuttigFourth 04/23/9107/11/9107/25/9107/29/91
of Virginia (New position)
Jane R. RothThird05/16/9106/20/9106/27/9106/28/91
of Delaware
Andrew J. Kleinfeld Ninth05/23/9107/19/9109/12/9109/12/91
of Alaska
Alice M. BatchelderSixth06/12/9109/26/9110/31/9111/27/91
of Ohio
Clyde H. Hamilton Fourth 06/12/9107/11/9107/18/9107/18/91
of South Carolina (New position)
Eugene E. Siler, Sixth06/19/9107/24/9109/12/9109/12/91
Jr., of Kentucky
Harold R. DeMoss,Fifth06/27/9109/26/9110/31/9111/27/91
Jr., of Texas
Jay C. WaldmanThird07/26/91Returned
of Pennsylvania (New position)10/08/92
David R. HansenEighth07/30/9111/05/9111/15/9111/15/91
of Iowa (New position)
Franklin S.Third09/11/91Returned
Van Antwerpen of10/08/92
Pennsylvania
Lillian R. BeVierFourth10/22/91Returned
of Virginia (New position)10/08/92
Terrence W. BoyleFourth10/22/91Returned
of North Carolina (New position)10/08/92
Morris S. ArnoldEighth11/06/9105/14/9205/21/9205/21/92
of Arkansas
Francis A. Keating, II,Tenth11/14/91Returned
of Oklahoma (New position)10/08/92
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Nominee Circuit Nominated H earings Reported Conf i rmed
Paul J. Kelly, Jr.,Tenth11/19/9103/17/9204/08/9204/08/92
of New Mexico (New position)
Edward E. CarnesEleventh01/27/9204/01/9205/07/9209/09/92
of Alabama62-36 vote
Sidney A. FitzwaterFifth01/27/92Returned
of Texas10/08/92
John G. Roberts, Jr.,D.C.01/27/92Returned
of Maryland10/08/92
John A. SmietankaSixth01/27/92Returned
of Michigan (New position)10/08/92
Karen J. WilliamsFourth01/27/9202/19/9202/27/9202/27/92
of South Carolina
Alvin A. SchallFederal03/03/9207/29/9208/12/9208/12/92
of Maryland
Frederico A. MorenoEleventh03/10/92Returned
of Florida10/08/92
Susan H. BlackEleventh03/10/9206/04/9206/11/9208/11/92
of Florida
Michael BoudinFirst03/20/9205/14/9205/21/9205/21/92
of Massachusetts
Dennis G. JacobsSecond03/20/9208/11/9209/17/9209/29/92
of New York
Justin P. WilsonSixth03/20/92Returned
of Tennessee10/08/92
Norman H. StahlFirst04/09/9206/18/9206/25/9206/26/92
of New Hampshire
Ilane Diamond RovnerSeventh07/02/9208/04/9208/12/9208/12/92
of Illinois
Timonthy K. LewisThird09/17/9209/24/9210/02/9210/08/92
of Pennsylvania (New position)
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Nominations to the U.S. District Courts
The U.S. District Courts are the trial courts of general Federal jurisdiction. Each
State has at least one district court, while some have as many as four. There are 649
district judgeships in all, including those for the District of Columbia, the
Commonwealth of Puerto Rico, and the Territories of Guam, the Northern Marianas
and the Virgin Islands.13
During his Presidency, 150 of Mr. Bush’s nominees to the district courts
received Senate confirmation. All but four of these individuals continue to be sitting
judges in the district courts. The four who vacated their district court judgeships14
were appointed by President Bush to other positions.
During the 101st Congress, 48 of President Bush’s nominations to the district
courts were confirmed. Four of his nominations to the district courts failed to receive
Senate confirmation and were returned to the President pursuant to Rule XXXI of the
Standing Rules of the Senate. Of the four nominees that were not confirmed, one
eventually was confirmed after being renominated by the President later in that
Congress, while two of the others were confirmed after being renominated early in
the 102nd Congress. The President declined to renominate the fourth individual.
During the 102nd Congress, President Bush submitted to the Senate 147 district
court nominations. Of those nominations 102 were confirmed, one was withdrawn15
by the President, and 44 were returned to the President pursuant to Rule XXXI,
after receiving no committee or Senate action. All but one of the 44 were returned
on October 8, 1992, at the sine die adjournment of the Second Session of the 102nd
13 All of these judgeships, except for those to the Territorial district courts in the Virgin
Islands, the Northern Marianas, and Guam, entail lifetime appointments. See discussion on
pages 1 and 2 concerning lifetime appointments of judges on “Article III courts” and the
fixed-term appointments of judges on “legislative courts.”
14 Robert C. Bonner, a Bush nominee confirmed by the Senate to a district court judgeship
on May 18, 1989, resigned on August 13, 1990, after having been confirmed by the Senate
on July 27, 1990, as Administrator of the of the Drug Enforcement Administration. Another
Bush nominee, Michael Boudin, received Senate confirmation on August 4, 1990, but
resigned on January 30, 1992. Shortly thereafter, on March 20, 1992, Mr. Boudin was
nominated to be a judge on the U.S. Court of Appeals for the First Circuit, and that
nomination is pending in the Senate. Norman H. Stahl, who was confirmed to a district
judgeship on April 5, 1990, subsequently, on April 9, 1991, was nominated by President
Bush to a judgeship on the U.S. Court of Appeals for the First Circuit, receiving Senate
confirmation to that position on June 26, 1992. Timothy K. Lewis, who was confirmed to
a district court judgeship on June 14, 1991, subsequently, on September 17, 1992, was
nominated by President Bush to a judgeship on the U.S. Court of Appeals for the Third
Circuit, receiving Senate confirmation to that position on October 8, 1992 (the last day of
the 102nd Congress).
15 On November 5, 1991, the President withdrew the nomination (which had been sent to the
Senate on October 24, 1991) of Jimm Larry Hendren to a judgeship in the Eastern District
of Arkansas and renominated Mr. Hendren to a judgeship in the Western District of
Arkansas. The second of these two nominations was confirmed by the Senate on March 13,

1992. See Table 3.


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Congress; the other had been returned earlier, at the start of the Senate’s August 1991
recess. 16
Upon being transmitted by the President to the Senate, district court nominations
have been referred to the Committee on the Judiciary.
In the table below, the phrase “New position” occasionally appears in the
“District” column. The phrase refers to a judicial vacancy created by the Judicial
Improvements Act of 1990 (104 Stat. 5089, 28 U.S.C. 133). This Act, among other
things, authorized a total of 74 new district court judgeships. A “New position”
vacancy is to be distinguished from a vacancy created when a district judge died,
retired, or resigned from office. Unless designated “New position,” the nominations
listed below are to judgeships which a predecessor held until he or she vacated the
office.
16 On August 2, 1991, as it prepared to adjourn for its August recess, the Senate, by
unanimous consent, waived the application of Rule XXXI to all pending district court
nominations, except to that of James P. McGregor. Hence, the McGregor nomination was
returned to the President pursuant to Rule XXXI, although 33 other district court
nominations remained pending in the Senate. See: Mitchell, George J. Return of Certain
Nominations to the President. Remarks in the Senate. Congressional Record, Daily Edition,
v. 137, Aug. 2, 1991. p. S12131.
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Table 3. Presidential Nominations to the U.S. District
Courts During the 101st and 102nd Congresses, 1989-92
Nominee District Nominated Hearings Reported Conf irmed
101st Congress
Robert C. BonnerCent. CA02/28/8904/05/8905/18/8905/18/89
Melinda HarmonSouth. TX02/28/8904/05/8905/18/8905/18/89
Vaughn R. WalkerNorth. CA02/28/89Returned
08/04/89
Marvin J. GarbisMD08/04/8909/26/8910/18/8910/24/89
Rebecca Beach SmithEast. VA08/04/8909/26/8910/18/8910/24/89
Vaughn R. WalkerNorth. CA09/07/8911/09/8911/16/8911/22/89
Edwin L. NelsonNorth. AL09/13/8911/07/8911/16/8901/23/90
G. Thomas Van BebberKS09/13/8911/07/8911/16/8911/22/89
George W. LindbergNorth. IL09/21/8910/20/8911/02/8911/03/89
Susan Webber WrightEast. & West. AR09/21/8911/07/8911/16/8901/23/90a
Edward W. NottinghamCO 10/23/8911/15/8911/16/8911/22/89
Arthur D. SpattEast. NY10/25/8911/15/8911/16/8911/22/89
Edward J. LodgeID10/31/8911/15/8911/16/8911/22/89
Gerald E. RosenEast. MI11/09/8902/21/9003/08/9003/09/90
Donald J. LeeWest. PA11/09/8902/21/9003/08/9003/09/90
Ronald L. BuckwalterEast. PA11/17/8902/21/9003/08/9003/09/90
Joseph M. HoodEast. KY01/24/9004/04/9004/26/9004/27/90
James F. McClure, Jr.Mid. PA01/24/9004/05/9004/26/9004/27/90
Lawrence M. McKennaSouth. NY01/24/9004/05/9004/26/9004/27/90
John S. Martin, Jr.South. NY01/24/9003/22/9004/05/9004/05/90
John D. RaineySouth. TX01/24/9005/02/9005/10/9005/11/90
James K. Singleton, Jr.AK01/24/9004/26/9005/10/9005/11/90
William M. NickersonMD01/24/9004/26/9005/10/9005/11/90
Daniel B. SparrCO01/24/90 03/22/9004/05/9004/05/90
Norman H. StahlNH01/24/9003/22/9004/05/9004/05/90
Stephen M. McNameeAZ02/20/9004/26/9005/10/9005/11/90
Robert H. ClelandEast. MI02/20/9005/17/9006/14/9006/18/90
Graham C. MullenWest. NC02/20/9006/27/9007/26/9009/10/90
Robert E. JonesOR02/20/9004/04/9004/26/9004/27/90
Jack D. ShanstromMT02/26/9004/26/9005/10/9005/11/90
Samuel Grayson WilsonWest. VA03/06/9005/02/9005/10/9005/11/90
D. Brock HornbyME03/06/9004/04/9004/26/9004/27/90
Adriane J. DudleyVI03/08/90Returned
08/04/90
Richard W. Vollmer, Jr.South. AL03/30/9005/02/9005/10/9005/11/90
David C. NortonSC04/19/9006/11/9006/27/9006/29/90
John H. McBrydeNorth. TX05/11/9007/16/9007/26/9008/04/90
Charles W. Pickering, Sr. South. MS05/11/9007/19/9009/27/9009/28/90
Frederick P. Stamp, Jr.North. WV05/11/9006/11/9006/27/9006/29/90
Michael BoudinDC05/18/9007/19/9007/26/9008/04/90
a New position created by Bankruptcy Amendments and Federal Judgeship Act of 1984 (98 Stat. 333, P.L. 98-353).
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Nominee District Nominated Hearings Reported Conf irmed
Carol Bagley AmonEast. NY05/21/9007/19/9007/26/9008/04/90
Frederico A. MorenoSouth. FL06/05/9006/27/9007/12/9007/13/90
William M. SkretnyWest. NY06/12/9007/19/9007/26/9008/04/90
Fred I. ParkerVT06/21/9007/16/9007/26/9008/04/90
William B. ShubbEast. CA08/03/9009/21/9009/27/9009/28/90
Gary L. TaylorCent. CA08/03/9009/21/9009/27/9009/28/90
James WareNorth. CA08/03/9009/21/9009/27/9009/28/90
Jean C. HamiltonEast. MO08/03/9009/21/9009/27/9009/28/90
David F. LeviEast. CA08/03/9009/21/9009/27/9009/28/90
Samuel B. KentSouth. TX08/03/9009/21/9009/27/9009/28/90
Oliver W. WangerEast. CA09/21/90Returned
10/28/90
James R. McGregorWest. PA10/15/90Returned
10/28/90
Dennis W. ShedSC10/17/9010/22/9010/24/9010/27/90
102nd Congress
James R. McGregorWest. PA01/08/91Returned
08/02/91
Oliver W. WangerEast. CA01/08/9103/13/9103/21/9103/21/91
Robin J. CauthronWest. OK02/07/9103/13/9103/21/9103/21/91
(New position)
William H. Albritton, IIIMid. AL03/11/9104/24/9105/09/9105/09/91
Marilyn L. HuffSouth. CA03/12/9104/24/9105/09/9105/09/91
W. Fremming NielsenEast. WA03/21/9104/24/9105/09/9105/09/91
Frederick L. Van SickleEast. WA03/21/91 04/24/9105/09/9105/09/91
(New position)
Louis J. FreehSouth. NY04/09/9105/15/9105/23/9105/24/91
Henry M. Herlong, Jr.SC (New position)04/09/9104/24/9105/09/9105/09/91
Richard T. Haik, Sr.West. LA04/11/9105/15/9105/23/9105/24/91
Sharon L. BlackburnNorth. AL04/11/9105/15/9105/23/9105/24/91
(New position)
Saundra B. ArmstrongNorth CA04/25/9106/05/9106/13/9106/14/91
Timothy K. LewisWest. PA04/25/9106/05/9106/13/9106/14/91
William L. Osteen, Sr.Mid. NC04/25/9106/05/9106/13/9106/14/91
(New position)
Bensen E. LeggMD05/15/9107/19/9109/12/9109/12/91
Harvey Bartle, IIIEast. PA05/15/9107/29/9109/12/9109/12/91
Dee V. BensonUT (New position)05/16/9107/19/9109/12/9109/12/91
Fernando J. Gaitan, Jr.West. MO05/16/9107/11/9107/18/9107/18/91
Sterling Johnson, Jr.East. NY05/17/9106/20/9106/27/9106/28/91
Harvey E. SchlesingerMid. FL05/23/9106/20/9106/27/9106/28/91
Ralph W. Nimmons, Jr.Mid. FL05/23/9106/20/9106/27/9106/28/91
(New position)
William H. Yohn, Jr.East. PA06/14/9107/29/9109/12/9109/12/91
Morton A. BrodyME (New position)06/14/9107/11/9107/18/9107/18/91
William G. BasslerNJ06/14/9107/24/9109/12/9109/12/91
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Nominee District Nominated Hearings Reported Conf irmed
Donald L. GrahamSouth. FL06/17/9107/19/9109/12/9109/12/91
Jorge A. SolisNorth. TX06/19/9107/24/9109/12/9109/12/91
Rebecca F. DohertyWest. LA06/27/9109/26/9110/31/9110/31/91
(New position)
Michael R. HoganOR (New position)06/27/9107/29/9109/12/9109/12/91
James T. Trimble, Jr.West. LA06/27/9107/24/9109/12/9109/12/91
Shelby HighsmithSouth. FL06/27/9107/29/9109/12/9109/12/91
Denis R. HurleyEast. NY06/27/9109/26/9110/31/9110/31/91
(New position)
Paul R. MatiaNorth. Ohio06/27/9111/05/9111/15/9111/15/91
(New position)
Barbara A. CaulfieldNorth. CA06/27/9110/02/9110/31/9110/31/91
Lacey A. CollierNorth. FL07/24/9111/05/9111/15/9111/15/91
(New position)
Anne C. ConwayMid. FL07/24/9111/14/9111/21/9111/21/91
Wayne R. AndersenNorth. IL07/24/9111/05/9111/15/9111/15/91
Ronald E. LongstaffSouth. IA07/24/9110/02/9110/31/9110/31/91
(New position)
John W. LungstrumKS07/24/9110/02/9110/31/9110/31/91
Stewart R. DalzellEast. PA07/24/9107/31/9109/12/9109/12/91
(New position)
Terry R. MeansNorth. TX07/24/9110/02/9110/31/9110/31/91
Edmund Arthur MichaelNorth. NY07/25/91Returned
K a va nagh 10/08/92
Thomas E. SholtsSouth. FL07/26/91Returned
10/08/92
Monti L. BelotKS (New position)07/26/9111/14/9111/21/9111/21/91
Mary Little ParellNJ (New position)07/26/9102/19/9202/27/9202/27/92
Sandra S. BeckwithSouth. OH07/26/9101/30/9202/06/9202/06/92
(New position)
Ronald M. WhyteNorth. CA07/26/9101/30/9202/06/9202/06/92
(New position)
David C. BramletteSouth. MS07/26/9111/20/9111/21/9111/21/91
(New position)
Philip G. ReinhardNorth. IL08/01/9101/30/9202/06/9202/06/92
(New position)
Jon P. McCallaWest. TN08/01/9101/30/9202/06/9202/06/92
(New position)
Garland E. Burrell, Jr.East. CA 08/01/9102/19/9202/27/9202/27/92
(New position)
Julie E. CarnesNorth. GA 08/01/9101/30/9202/06/9202/06/92
(New position)
David A. FaberSouth. WV08/01/9111/14/9111/21/9111/21/91
(New position)
Nancy C. EdmundsEast. MI09/11/9101/30/9202/06/9202/06/92
Joe B. McDadeCent. IL09/11/9111/20/9111/21/9111/21/91
(New position)
David W. McKeagueWest. MI09/11/9101/30/9202/06/9202/06/92
Frederick J. Scullin, Jr.North. NY09/12/9101/30/9202/06/9202/06/92
(New position)
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Nominee District Nominated Hearings Reported Conf irmed
Steven D. MerrydayMid. FL09/23/9101/30/9202/06/9202/06/92
(New position)
John M. RollAZ09/23/9111/20/9111/21/9111/22/91
Edith Brown ClementEast. LA10/01/9111/14/9111/21/9111/21/91
Sue L. RobinsonDE10/01/9111/05/9111/15/9111/15/91
Sam SparksWest. TX10/01/9111/14/9111/21/9111/21/91
(New position)
K. Michael MooreSouth. FL10/04/9101/30/9202/06/9202/06/92
Robert L. EcholsMid. TN10/22/9103/04/9203/12/9203/13/92
(New position)
Thomas K. MooreVI10/22/9106/18/9206/25/9206/26/92
Henry C. Morgan, Jr.East. VA10/22/9104/01/9204/08/9204/08/92
(New position)
Jimm Larry HendrenEast. AR10/24/91Withdrawn
11/05/91
J. Curtis JoynerEast. PA11/05/9103/17/9204/08/9204/08/92
(New position)
Roderick R. McKelvieDE11/05/9102/19/9202/27/9202/27/92
John R. PadovaEast. PA11/05/9103/04/9203/12/9203/13/92
(New position)
Jimm Larry HendrenWest. AR11/05/9103/04/9203/12/9203/13/92
(New position)
Andrew P. O’RourkeSouth. NY11/12/91Returned
10/08/92
Ira DeMentMid. AL11/14/9103/04/9203/12/9203/13/92
Joseph E. IrenasNJ11/14/9104/01/9204/08/9204/08/92
(New position)
Tony Michael GrahamNorth. OK11/14/91Returned
(New position)10/08/92
Donald J. StohrEast. MO11/14/9103/17/9204/08/9204/08/92
(New position)
William B. Traxler, Jr.SC11/14/9102/19/9202/27/9202/27/92
Carlos BeaNorth. CA11/20/91Returned
(New position)10/08/92
Timothy D. LeonardWest. OK11/20/9107/01/9207/30/9208/11/92
Robert E. PayneEast. PA11/20/9104/29/9205/07/9205/12/92
Ewing Werlein, Jr.South. TX11/20/9103/17/9204/08/9204/08/92
(New position)
Anita A. BrodyEast. PA11/22/9108/11/9209/17/9209/29/92
(New position)
James B. FranklinSouth. GA11/26/91Returned
10/08/92
Eduardo C. RobrenoEast. PA11/26/9106/18/9206/25/9206/26/92
Ursula Mancusi UngaroSouth. FL11/26/9109/24/9210/02/9210/08/92
Sonia SotomayorSouth. NY11/27/9106/04/9206/11/9208/11/92
David G. TragerEast. NY11/27/91Returned
10/08/92
Kenneth R. CarrWest. TX01/27/92Returned
(New position)10/08/92
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Nominee District Nominated Hearings Reported Conf irmed
James W. JacksonNorth. OH01/27/92Returned
10/08/92
Terral R. SmithWest. TX01/27/92Returned
(New position)10/08/92
Richard H. KyleMN03/20/9204/29/9205/07/9205/12/92
C. LeRoy HansenNM03/20/9208/11/9209/17/9209/25/92
(New position)
John G. Heyburn IIWest. KY03/20/9208/04/9208/12/9208/12/92
Gordon J. QuistWest. MI03/20/9206/18/9206/25/9206/26/92
(New position)
Paul L. SchechtmanSouth. NY03/20/92Returned
10/08/92
Percy AndersonCent. CA03/20/92Returned
10/08/92
Lawrence O. DavisEast. MO03/20/92Returned
(New position)10/08/92
Andrew S. HanenSouth. TX03/20/92Returned
(New position)10/08/92
Joe KendallNorth. TX03/20/9204/29/9205/07/9205/12/92
(New position)
Russell T. LloydSouth. TX03/20/92Returned
(New position)10/08/92
Linda H. McLaughlinCent. CA03/20/9207/29/9208/12/9208/12/92
(New position)
Lee H. RosenthalSouth. TX03/20/9204/29/9205/07/9205/12/92
(New position)
John F. WalterCent. CA03/20/92Returned
(New position)10/08/92
Gene E. VoigtsWest. MO03/24/92Returned
10/08/92
Manuel H. QuintanaSouth. NY03/26/92Returned
(New position)10/08/92
Loretta A. PreskaSouth. NY03/31/9206/04/9206/11/9208/11/92
Charles A. BanksEast. AR04/01/92Returned
10/08/92
Alfred V. CovelloCT04/01/9208/04/9208/12/9208/12/92
(New position)
Carol E. JacksonEast. MO04/01/9207/29/9208/12/9208/12/92
Irene M. KeeleyNorth. WV04/01/9206/04/9206/11/9208/11/92
(New position)
Jerome B. SimandleNJ04/01/9205/14/9205/21/9205/21/92
(New position)
Lourdes G. BairdCent. CA04/02/9207/01/9207/30/9208/11/92
(New position)
Robert D. HunterNorth. AL04/02/92Returned
10/08/92
Maureen E. MahoneyEast. VA04/02/92Returned
10/08/92
Richard G. KopfNE04/07/9205/14/9205/21/9205/21/92
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Nominee District Nominated Hearings Reported Conf irmed
James S. MitchellNE04/07/92Returned
(New position)10/08/92
Irma E. GonzalezSouth. CA04/09/9207/01/9207/30/9208/11/92
Joseph A. DiClerico, Jr.NH04/09/9207/29/9208/12/9208/12/92
(New position)
Michael J. MelloyNorth. IA04/09/9208/04/9208/12/9208/12/92
Rudolph T. RandaEast. WI04/09/9207/01/9207/30/9208/11/92
Nathaniel M. GortonMA04/28/9208/11/9209/17/9209/23/92
(New position)
Ronald B. LeightonWest. WA04/30/92Returned
10/08/92
William D. QuarlesMD06/02/92Returned
10/08/92
James A. McIntyreSouth. CA06/02/92Returned
(New position)10/08/92
Leonard E. DavisEast. TX06/03/92Returned
(New position)10/08/92
J. Douglas DrushalNorth. OH06/03/92Returned
10/08/92
C. Christopher HagyNorth. GA06/03/92Returned
10/08/92
Louis J. LeonattiEast. MO06/03/92Returned
10/08/92
Raymond L. FinchVI06/19/92Returned
10/08/92
James J. McMonagleNorth. OH06/23/92Returned
10/08/92
Katharine J. ArmentroutMD06/23/92Returned
10/08/92
John Phil GilbertSouth. IL07/02/9208/11/9209/17/9209/23/92
Larry R. HicksNV07/02/92Returned
10/08/92
John W. SedwickAK07/02/9209/24/9210/02/9210/08/92
Richard Conway CaseySouth. NY07/02/92Returned
10/08/92
John S. UnpingcoGU07/23/9209/24/9210/02/9210/08/92
R. Edgar CampbellMid. GA07/27/92Returned
(New position)10/08/92
Joanna SeybertEast. NY07/27/92Returned
(New position)10/08/92
Kathryn H. VratilKS07/28/9209/24/9210/02/9210/08/92
Robert W. KostelkaWest. LA08/07/92Returned
10/08/92
Paul J. BarbadoroNH09/09/9209/24/9210/02/9210/08/92
Richard E. DorrWest. MO09/09/92Returned
10/08/92
Steven J. McAuliffeNH09/09/9209/24/9210/02/9210/08/92
James H. PayneNorth., East. &09/17/92Returned
West. OK10/08/92
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Nominee District Nominated Hearings Reported Conf irmed
Walter B. PrinceMA09/17/92Returned
10/08/92
George A. O’Toole, Jr.MA09/24/92Returned
10/08/92
William P. DimitrouleasSouth. FL10/02/92Returned
10/08/92
Henry W. SaadEast. MI10/02/92Returned
10/08/92
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Nominations to the U.S. Court of International Trade
The U.S. Court of International Trade has original and exclusive jurisdiction
over civil actions against the United States, its agencies and officers, and certain civil
actions brought by the United States arising out of import transactions and Federal
statutes affecting international trade. The court is composed of nine judges, no more
than five of whom may belong to any one political party.
During his Presidency, Mr. Bush nominated only one person to the Court of
International Trade—in January 1991, at the start of the 102nd Congress. That
nominee received Senate confirmation and presently sits on the court. In the Spring
of 1991 retirements from the court created two more vacancies, but during the rest
of his term in office President Bush failed to send the Senate nominations to fill those
judgeships.
Upon being transmitted by the President to the Senate, nominations to this court
have been referred to the Committee on the Judiciary.
Table 4. Presidential Nominations to the U.S. Court of International Trade
During the 101st and 102nd Congresses, 1989-92
Nominee Residence Nominated H earings Reported Conf i rmed
101st Congress
(There were no nominations to this court during the 101st Congress.)
102nd Congress
Richard W. GoldbergND01/10/9103/13/9103/21/9103/21/91
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Nominations to the U.S. Court of Federal Claims
The U.S. Court of Federal Claims has jurisdiction to render money judgments
upon any claim against the United States founded either upon the Constitution or any
act of Congress. It also renders money judgments founded upon any regulation of an
executive department or any express or implied contract with the United States. The
court is composed of 16 judges appointed to 15-year terms.
Throughout almost all of President Bush’s four years in office, the court was
called the U.S. Claims Court. The change to court’s present name was put in effect
in October 1992 when Congress passed, and President Bush signed, the Federal17
Courts Administration Act of 1992.
During George Bush’s Presidency, two nominations were made to the Claims
Court, in both cases during the 101st Congress. The two nominees were confirmed
by the Senate and currently sit on the court.
Upon being transmitted by the President to the Senate, nominations to this court
have been referred to the Committee on the Judiciary.
Table 5. Presidential Nominations to the U.S. Claims Court
During the 101st and 102nd Congresses, 1989-92
Nominee Residence Nominated H earings Reported Conf i rmed
101st Congress
Robert H. Hodges, Jr.SC01/24/9002/27/9003/08/9003/09/90
Diane Gilbert Weinstein DC07/31/9010/05/9010/11/9010/12/90
102nd Congress
(There were no nominations to this court during the 102nd Congress.)
17 106 Stat. 4506 (1992).
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Nominations to the U.S. Tax Court
The Tax Court tries controversies involving the existence of deficiencies or
overpayments in income, estate, and gift taxes, and personal holding company
surtaxes where deficiencies have been determined by the Commissioner of Internal
Revenue. The court is composed of 19 judges who are appointed by the President
for 15-year terms, by and with the Senate’s consent. A chief judge is elected
biennially by the court’s members.
During his Presidency, Mr. Bush made four nominations to the the U.S. Tax
Court—one during the 101st Congress and three during the 102nd Congress. All
four nominees received Senate confirmation and are currently sitting on the court.
Upon being transmitted by the President to the Senate, nominations to this court
have been referred to the Committee on Finance.
Table 6. Presidential Nominations to the U.S. Tax Court
During the 101st and 102nd Congresses, 1989-92
Nominee Residence Nominated H earings Reported Conf i rmed
101st Congress
James S. HalpernDC04/24/9006/05/9006/05/9006/06/90
102nd Congress
Renato BegheNY01/25/9103/21/9103/21/9103/21/91
Carolyn P. ChiechiMD07/28/9208/04/9208/04/9208/12/92
David LaroMI07/28/9208/04/9208/04/9208/12/92
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Nominations to the U.S. Court of Veterans Appeals
The Court of Veterans Appeals has exclusive jurisdiction to review decisions of
the Board of Veterans Appeals. Decisions of the court may be appealed to the United
States Court of Appeals for the Federal Circuit.
This court consists of a chief judge and at least two, but not more than six,
associate judges who are appointed for 15-year terms. It was created in November
1988,18 just two months before President Bush assumed office. During the 101st
Congress, President Bush nominated seven persons to the court. All seven nominees
received Senate confirmation and are currently sitting on the court. As a result, the
Court of Veterans Appeals was during the Bush Presidency, and continues to be, the
only Federal court filled entirely by appointees of President Bush.
Upon being transmitted by the President to the Senate, nominations to this court
have been referred to the Committee on Veterans’ Affairs. There were no
nominations made to the Court of Veterans Appeals during the 102nd Congress.
Table 7. Presidential Nominations to the U.S. Court
of Veterans Appeals During the 101st
and 102nd Congresses, 1989-92
Nominee Residence Nominated H earings Reported Conf i rmed
101st Congress
Frank Quill NebekerVA04/04/89a05/15/8905/16/8905/17/89
Kenneth B. KramerCO05/09/8909/13/8909/13/8909/14/89
John J. Farley, IIIMD09/06/8909/13/8909/13/8909/14/90
Hart T. MankinDE09/29/8902/08/9006/19/9008/04/90
Ronald M. HoldawayWY01/23/9002/08/9006/19/9008/04/90
Donald L. IversNM01/31/9006/15/9006/19/9008/04/90
Jonathan R. SteinbergMD05/15/9006/15/9006/19/9008/04/90
102nd Congress
(There were no nominations to this court during the 102nd Congress.)
a To be Chief Judge of the Court.
18 The court was statutorily established on November 18, 1988, upon President Ronald
Reagan’s signing of S. 11, the Veterans’ Administration Adjudication Procedure and
Judicial Review Act (102 Stat. 4105, 38 U.S.C. 4051). The Act, at 102 Stat. 4114, provides
that “Not more than the number equal to the next whole number greater than one-half of the
number of judges of the court may be members of the same political party.” Hence, on a
seven or six-member court, no more than four judges may be of the same political party; on
a five or four-member court, no more than three judges may be of the same political party;
etc.
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Nominations to the Superior Court of the
District of Columbia
The Superior Court of the District of Columbia is the trial court of local civil
and criminal jurisdiction in the District of Columbia. The court consists of a chief
judge and 58 associate judges. The President selects nominees to the court from a
list compiled by the District of Columbia Judicial Nomination Commission. Each
judge is appointed to a term of 15 years, subject to mandatory retirement at age 74.
(The chief judge is designated by the Judicial Nomination Commission.)
During his four years in office, President Bush transmitted to the Senate 21
Superior Court nominations, all but one of which were confirmed. (Twelve were
confirmed during the 101st Congress and eight during the 102nd Congress.) The
21st nomination was sent to the Senate only three days before the end of the Second
Session of the 102nd Congress; having received no committee or Senate action
before the Senate’s sine die adjournment on October 8, 1992, the nomination,
pursuant to Rule XXXI, was returned to the President. Eight of the 20 confirmed
nominations were made to fill new judgeships created by the enactment on December
13, 1989 of a law which expanded the membership of the Superior Court of the
District from 50 associate judges to 58 associate judges.19 All 20 Bush nominees
who were confirmed currently sit on the court. Beside those nominated by the
President, five other Superior Court associated judges, whose terms had expired
during Mr. Bush’s Presidency, were reappointed by the District of Columbia
Commission on Judicial Disabilities and Tenure.20
Upon being transmitted by the President to the Senate, nominations to this court
have been referred to the Committee on Governmental Affairs.
19 103 Stat. 1967 (authorizing the expansion of the membership of the Superior Court of the
District of Columbia from 50 associate to 58 associate judges), D.C. Code Ann. Sec. 11-903
(Supp. 1991).
20 Those reappointments occurred pursuant to a Federal statute, which provides that a judge
on the Superior Court of the District of Columbia or on the District of Columbia Court of
Appeals who, not less than three months prior to the expiration of his term of office, files
a “declaration of candidacy for reappointment,” will automatically be reappointed for
another term if the Commission determines that the judge is either “exceptionally well
qualified or well qualified” for reappointment. 87 Stat. 796 (1973), 11 App. D.C. Code
Section 433 (Supp. 1988). Pursuant to this statute, Associate Judge Bruce S. Mencher was
reappointed to the Superior Court in 1990, and Associate Judges Gladys Kessler, Robert A.
Shuker, Paul R. Webber, III, and Frederick H. Weisberg were reappointed in 1992.
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Table 8. Presidential Nominations to the Superior Court
of the District of Columbia During the 101st
and 102nd Congresses, 1989-92
Nominee Nominated Hearings Reported Conf irmed
101st Congress
Zinora M. Mitchell09/29/8911/16/8911/17/8911/19/89
Mary Ellen Abrecht04/19/9007/20/9008/02/9008/04/90
(New position)
Kaye K. Christian04/19/9007/20/9008/02/9008/04/90
(New position)
Frederick D. Dorsey04/19/9007/20/9008/02/9008/04/80
(New position)
Ellen Segal Huvelle04/19/9007/20/9008/02/9008/04/90
(New position)
Jose M. Lopez04/19/9007/20/9008/02/9008/04/90
(New position)
Joan Zeldon McAvoy04/19/9007/20/9008/02/9008/04/90
(New position)
Gregory E. Mize04/19/9007/20/9008/02/9008/04/90
(New position)
Patricia A. Wynn04/19/9007/20/9008/02/9008/04/90
(New position)
John Henry Bayly, Jr.06/12/9007/20/9008/02/9008/04/90
Linda Turner Hamilton06/12/9007/20/9008/02/9008/04/90
Stephen G. Milliken07/12/9007/20/9008/02/9008/04/90
102nd Congress
Wendell P. Gardner, Jr.01/04/9106/04/9106/27/9106/28/91
Reggie Barnett Walton09/20/9111/19/9111/22/9111/22/91
Stephanie Duncan-Peters01/22/9205/14/9206/25/9206/26/92
Ann O’Regan Keary01/22/9205/14/9206/25/9206/26/92
Judith E. Retchin01/22/9205/14/9206/25/9206/26/92
William M. Jackson01/22/9205/14/9206/25/9206/26/92
Brook Hedge06/19/9209/30/9210/02/9210/08/92
Lee F. Satterfield06/19/9209/30/9210/02/9210/08/92
Geraldine R. Gennet10/05/92Returned
10/08/92
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Nominations to the District of Columbia
Court of Appeals
The District of Columbia Court of Appeals reviews cases filed on appeal of
decisions of the Superior Court of the District of Columbia. It consists of a chief
judge and eight associate judges. The President selects nominees to the court from
a list compiled by the District of Columbia Judicial Nomination Commission. Each
judge is appointed to a term of 15 years, subject to mandatory retirement at age 74.
During his Presidency, George Bush submitted four Court of Appeals
nominations to the Senate—two during the 101st Congress and two during the 102nd
Congress. All four of these nominees received Senate confirmation, and all four
presently sit on the court.
Upon being transmitted by the President to the Senate, nominations to this court
have been referred to the Committee on Governmental Affairs.
Table 9. Presidential Nominations to the District
of Columbia Court of Appeals During the 101st
and 102nd Congresses, 1989-92
Nominee Nominated Hearings Reported Conf irmed
101st Congress
Michael W. Farrell01/03/8904/21/8906/06/8906/07/89
Annice M. Wagner01/23/9005/22/9005/23/9005/25/90
102nd Congress
Warren Roger King05/20/9106/04/9106/27/9106/28/91
Emmet Gael Sullivan09/20/9111/19/9111/22/9111/22/91
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Nominations to the U.S. Court of Military Appeals
Subject only to certiorari review by the Supreme Court of the United States, the
U.S. Court of Military Appeals serves as the final appellate tribunal to review court
martial convictions of all the armed services. It is exclusively an appellate criminal2122
court, consisting of five civilian judges, appointed to 15-year terms. No more than
three of the judges of the court may be affiliated with the same political party.
President Bush submitted to the Senate three nominations to the Court of
Military Appeals, all during the 102nd Congress, and the Senate confirmed these
nominations.
Upon being transmitted to the Senate, nominations to this court have been
referred to the Committee on Armed Services.
Table 10. Presidential Nominations to the U.S. Court
of Military Appeals During the 101st and 102nd Congresses,
1989-1992
Nominee Residence Nominated H earings Reported Conf i rmed
Susan J. CrawfordMD02/19/9111/12/9111/13/9111/14/91
Robert E. WissIL10/02/9111/12/9111/13/9111/14/91
(New position)
Herman F. GierkeND10/02/9111/12/9111/13/9111/14/91
(New position)
DSR/ljb
21 On November 29, 1989, the membership of the Court of Military Appeals was increased
from three to five judges with enactment of P.L. 101-189, the National Defense
Authorization Act for Fiscal Years 1990 and 1991. See Title XIII of the Act (103 Stat.

1570, codified as 10 U.S.C. 942).


22 However, P.L. 101-189, cited in the immediately preceding footnote, provides (see 103
Stat. 1575) that of the judges first appointed to the two new positions created as of October

1, 1990, one would be appointed to a seven-year term and the other to a 13-year term.


Subsequent appointees to either of these positions would be confirmed to 15-year terms.
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