Circuit Court Nominations Summary
Circuit Court Nominations Summary
109th Congress
Circuit Court Nominations Summary for 110th Congress
Six Nominations Returned on Sept 29, 2006
Were Renominated on November 15, 2006
Ten Nominations Returned on December 9, 2006
F = 7 subjected to failed cloture motions in 108th Congress
4 = "1 of 4" that DEMs offered to let GOP choose which 3 to dump
S = Positive mention in Specter's May 9, 2005 speech
M = MOU of 14 will not vote against cloture
m = MOU of 14 makes no promise regarding cloture
R = Post-MOU, Reid indicates desire to filibuster
C = Out of committee & on the Senate's Executive Calendar
c = Once out of Committee, now returned
U = Unanimous consent to debate - date TBD
D = Democrats offer to debate - date TBD
v = Debate and vote scheduled
V = Vote -on the nomination- concluded
x = Nomination returned to the President - President renominated
X = Nomination returned to the President - President capitulated
W = Nomination WITHDRAWN by Nominee or the President
Z = Zapped at the end of the 109th Congress
Nominations Through Confirmation Process
========================================
F4S M- CUV Owen, Priscilla (5th Cir)
F-S -- CUV Griffin, Richard A. (6th Cir)
F-S -- CUV McKeague, David W. (6th Cir)
--S -- CDV Neilson, Susan Bieke (6th Cir) [Died Jan 25, 2006]
F4S M- CUV Pryor, William H. (11th Cir)
F4S M- CUV Brown, Janice Rogers (D.C. Cir)
--S -- CUV Griffith, Thomas B. (D.C. Cir)
Jan 25 CUV Chagares, Michael A. (3rd Cir) [Apr 04]
Feb 14 C-V Smith, Milan D. (9th Cir) [May 16]
--- -R CxV Kavanaugh, Brett M. (D.C. Cir) [May 26]
Feb 08 CUV Ikuta, Sandra S. (9th Cir) [Jun 19]
May 10 CUV Gorsuch, Neil M. (10th Cir) [Jul 20]
May 18 CUV Shepherd, Bobby E. (8th Cir) [Jul 20]
May 04 C-V Holmes, Jerome A. (10th Cir) [Jul 25]
May 18 C-V Moore, Kimberly A. (Fed Cir) [Sep 05]
Jun 28 C-V Jordan, Kent A. (3rd Cir) [Dec 08]
Nominations Withdrawn or Returned
=================================
--- -- --W Payne, James Hardy (10th Cir) [Withdrawn Mar 7, 2006]
F-- mR --W Saad, Henry W. (6th Cir) [Withdrew self Mar 23, 2006]
1st Session of 109th - Returned Dec 9
=====================================
F4S mR cxZ Myers, William Gerry III (9th Cir) [Thrice returned/twice renominated]
--S -- cxZ Boyle, Terrence W. (4th Cir) [Thrice returned/twice renominated]
--- -R -xZ Haynes, William James II (4th Cir) [Thrice returned/twice renominated]
Dec 16 cxZ Smith, N. Randy (9th Cir) [Thrice returned/twice renominated]
2nd Session of 109th - Returned Dec 9
=====================================
Feb 08 -xZ Wallace, Michael B. (5th Cir) [Thrice returned/twice renominated]
Jun 28 --Z Kethledge, Raymond M. (6th Cir) [Returned 12/9]
Jun 28 --Z Livingston, Debra Ann (2nd Cir) [Returned 12/9]
Jun 28 --Z Murphy, Steven J. III (6th Cir) [Returned 12/9]
Jun 29 -xZ Keisler, Peter D. (D.C. Cir) [Twice returned/once renominated]
Sep 13 --Z Hardiman, Thomas M. (3rd Cir) [Returned 12/9]
Last updated: December 9, 2006
Owen:
Cloture passed 81-18 on May 24.
Confirmed 55-43 on May 25.
Brown:
Cloture passed 65-32 on June 7.
Confirmed 56-43 on June 8.
Pryor:
Cloture passed 67-32 on June 8.
Confirmed 53-45 on June 9.
Griffin:
Confirmed 95-0 on June 9.
McKeague:
Confirmed 96-0 on June 9.
Griffith:
Confirmed 73-24 on June 14.
Neilson:
Confirmed 97-0 on October 27. Died Jan 25, 2006.
Myers: Out of Committee on March 17, 2005, returned to President August 4, 2006,
renominated September 5, 2006,
returned to President September 29, 2006,
renominated November 15, 2006,
returned to President December 9, 2006.
Boyle: Out of Committee on June 16, 2005, returned to President August 4, 2006,
renominated September 5, 2006,
returned to President September 29, 2006,
renominated November 15, 2006,
returned to President December 9, 2006.
Haynes: First nominated May 9, 2001,
renominated Sept 29, 2003,
renominated Feb 14, 2005,
returned to President August 4, 2006,
renominated September 5, 2006,
returned to President September 29, 2006,
renominated November 15, 2006,
returned to President December 9, 2006.
Kavanaugh:
Returned to the President on December 22,
Renominated on January 25, Out of Committee May 11,
Cloture passed 67-30 on May 25,
Confirmed 57-36 on May 26.
Payne: Nominated on September 29.
Withdrawn by WH on March 7.
Smith, Randy: Nominated on
December 16,
Out of Committee May 4, returned to President August 4, 2006,
renominated September 5, 2006,
Out of Committee September 21,
returned to President September 29, 2006,
renominated November 15, 2006,
returned to President December 9, 2006.
Chagares:
Nominated on January 25, Out of Committee March 30.
Confirmed 98-0 on April 4.
Wallace:
Nominated on February 8 - FR Thread,
returned to President August 4, 2006,
renominated September 5, 2006,
returned to President September 29, 2006,
renominated November 15, 2006,
returned to President December 9, 2006.
Ikuta:
Nominated on February 8, Out of Comittee May 25,
Confirmed 81-0 on June 19.
Smith, Milan:
Nominated on February 14, Out of Committee May 4,
Confirmed 93-0 on May 16.
Holmes:
Nominated on May 4, Out of Committee July 13,
Confirmed 67-30 on July 25.
Gorsuch:
Nominated on May 10, Out of Committee July 13,
Confirmed on a voice vote on July 20.
Moore:
Nominated on May 18, Out of Committee July 27,
Confirmed 92-0 on September 5.
Shepherd:
Nominated on May 18, Out of Committee July 13,
Confirmed on a voice vote on July 20.
Jordan:
Nominated on June 28, Out of Committee September 26,
Confirmed 91-00 on December 8.
Kethledge:
Nominated on June 28, returned to President December 9, 2006.
Livingston:
Nominated on June 28, returned to President December 9, 2006.
Murphy:
Nominated on June 28, returned to President December 9, 2006.
Keisler:
Nominated on June 29, returned to President September 29, 2006,
renominated November 15, 2006, returned to President December 9, 2006.
Hardiman:
Nominated on Sept 13, returned to President December 9, 2006.
Additional Reference Material
- Senate List of Nominations in Committee (not only judicial)
- List of nominations returned to the President (not only judicial)
- Judiciary Committee List of Nominations in the 109th Congress
- Senate Executive Calendar (changes each business day)
- ABA Ratings for Nominees in 109th Congress (PDF)
- Specter's Speech of May 9, 2005 (109th Congress - Pages S4632 - S4636)
- Senators' Memorandum of Understanding (PDF) - May 23, 2005
- Reid's agreement of May 24, 2005 (S5857)
- AP Report Reid wants to filibuster Haynes & Kavanaugh - May 28, 2005
- Fox News Report Reid will filibuster Saad & Myers - May 29, 2005
- Boyle was nominated to 4th Cir. in 1991 too, by GHWB
- Dec 1, 2005: Anticipation of N. Randy Smith Nomination
- Jan 7, 2006: Hillary! accused of being behind the Kavanaugh return
- Feb 8, 2006: Details regarding the Wallace and Ikuta nominations
- Feb 14, 2006: Feinstein opposed to Randy Smith
- Mar 3, 2006: Feinstein will block Randy Smith
- Mar 2, 2006: ABA revokes Payne's "well qualified" rating -- Alt. source
- Mar 7, 2006: President Bush withdraws Payne's nomination
- Mar 7, 2006: Kavanaugh's political history
- Mar 23, 2006: Saad withdraws name from consideration
- Mar 31, 2006: Haynes to be blocked by McCain and Graham
- Apr 13, 2006: ABA downgrades Kavanaugh rating
- May 1, 2006: Attacks on Boyle for ethics viloations
- May 5, 2006: ABA rating of Holmes includes a Minority "NOT QUALIFIED"
- May 8, 2006: ABA downgrades Kavanaugh's rating to "Qualified"
- May 9, 2006: Senator Leahy calls on President Bush to withdraw Boyle
- May 10, 2006: ABA hands Wallace a rating of "Not Qualified"
- May 12, 2006: Confirm Them ยป Problem with Milan Smith
- May 23, 2006: Nominee [Haynes] is held up by Graham
- Jun 4, 2006: Groups pressure Senator Graham re: Haynes
- Jun 6, 2006: WaPo - Retired Military oppose Haynes
- Jun 12, 2006: Debbie Schlussel on Steven Murphy
- Jun 22, 2006: Gorsuch sails through hearing
- Jun 22, 2006: Some members of gang-of-14 comment on Boyle
- Jul 14, 2006: Gang of 14 hints at nixing Haynes
- Jul 18, 2006: ABA downgrades Boyle from unanimously well qualified to qualified
14 Comments:
An interesting piece of specuation at confirmthem.com, as to the handling of some circuit court nominations.
"The rumor is that Frist will force a floor vote on Boyle in May. At the same time, Specter will schedule a new hearing for Kavanaugh followed by a committe vote. It is uncertain when Randy Smith will get a committe vote, and Milan Smith, Sandra Ikuta and Michael Wallace will get committee hearings. It looks like Haynes by bipartisan agreement will never get out of committee.
"Myers is already out of committee. It is doubtful that Frist will ever force a floor vote on him. The "Gang of 14'' deal killed his nomination, and Frist will not challenge that death."
Bobo @ Comment No. 23
Senator Frist, on Tuesday, April 25, named Boyle and Kavanaugh as needing to come up for votes. He did not name any other stalled nominations.
See
6 . FOCUSING ON THE CHALLENGES FACING AMERICA for that, and more information that discloses the priorities as Dr. Frist sees them, today.
Today comes news thatteh Democrats are attacking the Boyle nomination. Generally capture, with no comment as of this post, at Democrats Attack Boyle Nomination.
The Judiciary Committee voted both Smith's for the 9th Circuit -- Milan Smith and Randy Smith -- to the floor of the Senate for further action.
The Committee did not vote on Kavanaugh, instead holding him over for another hearing, to be held next Tuesday, followed by a vote on Thursday.
I am struck that perhaps the nomination of Holmes, knowing his ABA rating includes a NOT QUALIFIED by a minority of those undertaking analysis for the ABA, is a poke in the eye for Senators who intend to object to Kavanaugh based on a revision to ABA rating.
On the other hand, or perhaps "as well," it is meant as an expression of indifference or disrespect for ABA ratings.
confirmthem.com discussion of the Holmes nomination includes a bit on this thought, as well as other speculation of the interaction of factors here (Holmes is a black man, the first to sit on the 10th Circuit, if confirmed - his ABA rating - Coburn & Inhofe support him - Kavanaugh's ABA rating - etc.) as favoring a substantive showdown.
Very good summary of the Boyle issues at confirmthem.com - Confirm Judge Boyle. Includes links to discussion of qualifications, recusals, ethics, etc. A good summary of the rebuttals to DEM attacks.
The ABA is (old news?) at it agin, now downgrading Kavanaugh's rating to "Qualified" from "Well qualified."
I'm not sure that today's is any stronger statement than was made on May 5th, except that it's "more fresh" coming the day before a Senate hearing, and "louder" due to the venue of the report being major media (albeit foreign) vs. in a blog.
I expect the AP and other US outlets, such as the New York TImes and Washington Post, to pick up the piece from the Guardian tonight or tomorrow. This will be a big part of the confirmation conflict - scripted with a prearranged agreement on "no filibuster," but necessary conflict in order for the DEMs to save face with their constituents.
Senator Leahy calls on Presindet Bush to withdraw Boyle, based on negative reports from North Carolina law enforcement professional associations.
I suspect this is part of the scripted conflict, engineered to keep the masses entertained while the government llumbers along.
A busy day today. Lutting resignation, Gorsuch to be nominated to the 10th Circuit, and the ABA hands Wallace a rating of "Not Qualified."
News today (dateline tomorrow) that Senator Graham is holding up the Haynes nomination.
Heck, it doesn't even take a "gang of 14" to keep the Senate from doing the task that the Constitution contemplates - voting judges "up or down."
Senator Graham won't even let fellow gang members decide whether or not Haynes represents "extraordinary circumstances."
The gang of 14 speaks on Haynes, and the noises are ugly.
See
'Gang of 14' wary of Haynes by Charles Hurt at the Washington Times.
Collins and Salazar are now against the nomination, and suggest that the nomination may not even be voted out of committee.
The Senate returned the nominations of Myers, Boyle and N. Randy Smith to the President. Senator Frist made a point of assigning objection to the Democrats.
See also the return of Haynes and Wallace, not verbally listed by calendar number when Frist closed the Senate, but appearing in the Congressional Record as returns.
The contentious five, Myers, Boyle, Haynes, Smith and Wallace, were returned to the President on September 29. Also returned was Kiesler. Also return, not judicial, was Bolton.
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