Donald Trump judicial appointment controversies

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Donald Trump, President of the United States from 2017 to 2021, entered office with a significant number of judicial vacancies,[1][2] including a Supreme Court vacancy due to the death of Antonin Scalia in February 2016. During the first eight months of his presidency, he nominated approximately 50 judges, a significantly higher number than any other recent president had made by that point in his presidency.[3] By June 24, 2020, 200 of his Article III nominees had been confirmed by the United States Senate.[4] According to multiple media outlets, Trump significantly impacted the composition of the Supreme Court and lower courts during his tenure.[5][6][7][8][9]

As of February 3, 2020, the American Bar Association (ABA) had rated 220 of Trump's nominees. Of these nominees, 187 were rated "well-qualified," 67 were rated "qualified," and 10 were rated "not qualified."[10] Seven of the nine individuals rated as "not qualified" were confirmed by the Senate.[11]

According to Vox's Ian Millhiser, "There’s no completely objective way to measure legal ability, but a common metric used by legal employers to identify the most gifted lawyers is whether those lawyers secured a federal clerkship, including the most prestigious clerkships at the Supreme Court. Approximately 40 percent of Trump’s appellate nominees clerked for a Supreme Court justice, and about 80 percent clerked on a federal court of appeals. That compares to less than a quarter of Obama’s nominees who clerked on the Supreme Court, and less than half with a federal appellate clerkship. In other words, based solely on objective legal credentials, the average Trump appointee has a far more impressive résumé than any past president’s nominees."[12] As of July 2020, the judges appointed by Trump are "85% white and 76% male; less than 5% are African-American,” as a result of which the federal judiciary has become "less diverse" compared to previous administrations, according to an analysis by The Conversation.[13]

List of unsuccessful federal judicial nominations

Trump made 46 nominations for federal judgeships that were not confirmed by the Senate. Of these, 6 were withdrawn by President Trump, 32 expired at an adjournment of the Senate, and 8 were withdrawn by President Joe Biden after he took office.

Nominee Court Nomination
date 		ABA
rating
[Note 1] 		Date of
final action 		Final action Subsequent federal
judicial nominations 		Seat filled by Ref.
Courts of appeals
Ryan Bounds 9th Cir. September 7, 2017 Q July 24, 2018 withdrawn by Pres. Trump Danielle J. Forrest [14][15]
Halil Suleyman Ozerden 5th Cir. June 24, 2019 WQsm/Qmin January 3, 2020 returned to the president Cory T. Wilson [16]
Raúl M. Arias-Marxuach 1st Cir. November 30, 2020 WQ February 4, 2021 withdrawn by Pres. Biden Gustavo Gelpí [17][18]
District courts
Thomas Farr E.D.N.C. July 13, 2017 WQ January 3, 2019 returned to the president Richard E. Myers II [19][20]
Brett Talley M.D. Ala. September 7, 2017 NQ January 3, 2018 returned to the president Andrew L. Brasher [21]
Jeff Mateer E.D. Tex. September 7, 2017 Qsm/NQmin January 3, 2018 returned to the president Sean D. Jordan [22]
Matthew S. Petersen D.D.C. September 11, 2017 Q January 3, 2018 returned to the president Carl J. Nichols [23]
Gordon P. Giampietro E.D. Wis. December 20, 2017 Qsm/NQmin January 4, 2019 returned to the president Brett H. Ludwig [24]
John M. O'Connor E.D. Okla.
N.D. Okla.
W.D. Okla.		 April 10, 2018 NQ January 3, 2019 returned to the president John F. Heil III [25]
Jon Katchen D. Alaska April 12, 2018 — January 3, 2019 returned to the president Joshua Kindred [26]
Thomas Marcelle N.D.N.Y. November 13, 2018 WQ September 19, 2019 withdrawn by Pres. Trump Anne M. Nardacci [27][28]
Jeremy B. Rosen C.D. Cal. November 13, 2018 WQsm/Qmin January 3, 2021 returned to the president Hernán D. Vera [29][30][31]
Patrick J. Bumatay S.D. Cal. February 6, 2019 Q October 15, 2019 withdrawn by Pres. Trump 9th Cir. (nominated November 13, 2018,
confirmed December 10, 2019)		 Todd W. Robinson [32]
Michael S. Bogren W.D. Mich. March 11, 2019 WQ June 26, 2019 withdrawn by Pres. Trump Hala Y. Jarbou [33]
Kevin R. Sweazea D.N.M. June 12, 2019 WQ January 3, 2020 returned to the president Margaret Strickland [34]
Barbara Bailey Jongbloed D. Conn. October 15, 2019 WQ January 3, 2021 returned to the president Omar A. Williams [35]
Cory T. Wilson S.D. Miss. October 15, 2019 Q May 4, 2020 withdrawn by Pres. Trump 5th Cir. (nominated May 4, 2020,
confirmed June 24, 2020)		 Taylor B. McNeel [36][37]
Adam L. Braverman S.D. Cal. October 17, 2019 WQ January 3, 2021 returned to the president Linda Lopez [38][39]
Sandy N. Leal C.D. Cal. October 17, 2019 Qsm/WQmin January 3, 2021 returned to the president Maame Ewusi-Mensah Frimpong [40][41]
Shireen Matthews S.D. Cal. October 17, 2019 WQ January 3, 2021 returned to the president Jinsook Ohta [42][43]
Rick Richmond C.D. Cal. October 17, 2019 Q January 3, 2021 returned to the president Sherilyn Peace Garnett [44][45]
Knut S. Johnson S.D. Cal. November 21, 2019 WQ January 3, 2021 returned to the president Ruth Bermudez Montenegro [46][47]
Steve Kim C.D. Cal. November 21, 2019 WQ January 3, 2021 returned to the president Kenly Kiya Kato [48][49]
Michelle M. Pettit S.D. Cal. November 21, 2019 WQsm/Qmin January 3, 2021 returned to the president Robert S. Huie [50][51]
Jennifer P. Togliatti D. Nev. November 21, 2019 WQ January 3, 2021 returned to the president Cristina D. Silva [52][53]
Iris Lan S.D.N.Y. December 2, 2019 WQ January 3, 2021 returned to the president Dale Ho [54][55]
Saritha Komatireddy E.D.N.Y. May 4, 2020 WQm/Qmin January 3, 2021 returned to the president Nusrat Jahan Choudhury [56]
Jennifer H. Rearden S.D.N.Y. May 4, 2020 WQsm/Qmin January 3, 2021 returned to the president S.D.N.Y. (nominated January 19, 2022,
confirmed September 8, 2022)		 Herself [57]
Dirk B. Paloutzian E.D. Cal. May 21, 2020 WQ January 3, 2021 returned to the president Ana de Alba [58]
Edmund LaCour M.D. Ala. June 2, 2020 Qm/WQmin February 4, 2021 withdrawn by Pres. Biden TBD [59][60]
James P. Arguelles E.D. Cal. June 18, 2020 WQ January 3, 2021 returned to the president Jennifer L. Thurston [61]
Fred Joseph Federici III D.N.M. June 18, 2020 WQ January 3, 2021 returned to the president Margaret Strickland [62]
Brenda M. Saiz D.N.M. June 18, 2020 WQ January 3, 2021 returned to the president Matthew L. Garcia [63]
Hector Gonzalez E.D.N.Y. September 8, 2020 WQ January 3, 2021 returned to the president E.D.N.Y. (nominated December 15, 2021,
confirmed March 23, 2022)		 Himself [64]
Ryan T. McAllister N.D.N.Y. September 8, 2020 Qsm/NQmin January 3, 2021 returned to the president Anne M. Nardacci [65]
David C. Woll Jr. E.D.N.Y. September 8, 2020 WQ January 3, 2021 returned to the president Nina Morrison [66]
Court of International Trade
Joseph Barloon Intl. Trade November 16, 2020 WQ February 4, 2021 withdrawn by Pres. Biden Lisa Wang [67][68]
Article I courts
Damien M. Schiff Fed. Cl. May 8, 2017 n/a January 3, 2018 returned to the president Richard Hertling [69]
Maureen Ohlhausen Fed. Cl. January 24, 2018 January 3, 2019 returned to the president Edward H. Meyers [70]
Mark V. Holmes T.C. April 24, 2018 February 4, 2021 withdrawn by Pres. Biden TBD [71][72][73][74]
Daniel Z. Epstein Fed. Cl. June 24, 2019 December 17, 2020 withdrawn by Pres. Trump Armando O. Bonilla [75][76]
Grace Obermann Fed. Cl. October 30, 2019 February 4, 2021 withdrawn by Pres. Biden Molly Silfen [77][78][79]
Stephen A. Kubiatowski Fed. Cl. October 23, 2020 February 4, 2021 withdrawn by Pres. Biden Zachary Somers
Carolyn N. Lerner		 [80][81][82]
Terrence M. Andrews Fed. Cl. December 17, 2020 February 4, 2021 withdrawn by Pres. Biden Armando O. Bonilla [83][84]
Article IV courts
Maria Teresa B. Cenzon D. Guam November 30, 2020 — February 4, 2021 withdrawn by Pres. Biden TBD [85][86]

Supreme Court

Confirmed nominees

Supreme Court of the United States

  • Neil Gorsuch (of Colorado): Trump announced the nomination of Gorsuch on January 31, 2017. The nomination was formally transmitted to the Senate on February 1, 2017.[87] Judge Gorsuch's confirmation hearings started on March 20, 2017, and lasted four days.[88][89] On April 3, the Judiciary Committee approved Gorsuch by an 11–9 vote.[90][91] During the last day of committee hearings, Senate Minority Leader Chuck Schumer (D-NY) announced from the Senate floor that he would filibuster the nomination.[92] Democratic opposition focused primarily on the complaint that the vacancy on the court was created by the death of Justice Antonin Scalia during President Barack Obama's administration, and therefore should have been filled by President Obama's nominee for the vacancy, Judge Merrick Garland.[93][94] In response, Republicans hearkened back to November 2013 when Democrats invoked the nuclear option to fill three vacancies on the United States Court of Appeals for the District of Columbia Circuit.[95] To counter the filibuster, Republicans invoked the nuclear option, ending debate with a simple majority vote and extending the rule that a simple majority could invoke cloture on all presidential nominations, including Supreme Court nominations.[96] The Senate confirmed Gorsuch on April 7, 2017 by a 54–45 vote, with all Senate Republicans present voting to confirm along with three Democratic senators from states that voted heavily for Trump: Senators Joe Manchin (D-WV), Heidi Heitkamp (D-ND), and Joe Donnelly (D-IN).[97]
  • Brett Kavanaugh (of Maryland): Trump announced the nomination of Kavanaugh in July 2018. The nomination was formally transmitted to the Senate on July 10, 2018. Widespread opposition to his nomination emerged within the Democratic Caucus after allegations emerged that Kavanaugh had sexually assaulted fellow student Christine Blasey Ford back when he was in high school. The Senate would go on to confirm Kavanaugh on October 6, 2018, by a 50–48 vote. Except for Senator Lisa Murkowski (R-AK), all Senate Republicans voted to confirm Kavanaugh and except for Senator Joe Manchin (D-WV), all Senate Democrats opposed him. Murkowski announced her opposition to Kavanaugh, but instead of voting no, she voted present in order to pair her vote with Senator Steve Daines (R-MT), who was attending his daughter's wedding.[98]
  • Amy Coney Barrett (of Indiana): On September 26, 2020, weeks before the 2020 presidential election, Trump nominated Barrett to fill the vacancy left by the death of Justice Ruth Bader Ginsburg.[99] On October 26, 2020, the United States Senate confirmed her nomination by a 52–48 vote.[100] Democrats rebuked Republicans for violating the precedent they established in 2016 when they refused to consider Obama's nomination of Merrick Garland more than nine months before the end of his term.[101] The 35 days between the nomination and the presidential election marked the shortest period of time between a nomination to the Supreme Court and an election in U.S. history.[102]

Appellate nominees

Failed nominees

United States Court of Appeals for the First Circuit

  • Rule XXXI, Paragraph 6 of the rules of the Senate; later that same day, his renomination to the same seat was sent to the Senate.[17][107] However, before the Senate could act upon the nomination and despite the outgoing Trump administration and Graham's attempts to invoke "senatorial courtesy" and recommend to President Biden—who took office on January 20—that he maintain Arias-Marxuach's renomination in the 117th Congress in light of the nominees's qualifications and drawing of bipartisan support, Biden formally withdrew the nomination on February 4, 2021.[106][108][109] On May 12, 2021, Biden announced his selection of Gustavo Gelpí, the Chief Judge of the United States District Court for the District of Puerto Rico, for the position, with his nomination being sent to the Senate later that same day;[110][111] Gelpí was later confirmed on October 18, 2021.[112]

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Ninth Circuit

  • Rule XXXI, Paragraph 6 of the Senate.[117] On January 5, 2018, Trump announced his intent to renominate Bounds to a federal judgeship.[118] On January 8, 2018, his renomination was sent to the Senate.[119] In February 2018, the bipartisan committee cited by the two Senators found Bounds to be qualified.[120] However, the senators subsequently questioned Bounds' fitness on the basis of some of his writings when he was a student at Stanford University in the 1990s.[121] On May 9, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.[122] On June 7, 2018, his nomination was reported out of committee by an 11–10 vote.[123] On July 18, 2018, the United States Senate invoked cloture on his nomination by a 50–49 vote.[124] On July 19, 2018, Senate Majority Leader Mitch McConnell announced that Bounds' nomination would be withdrawn after Senators Tim Scott and Marco Rubio announced they would not support the nomination, meaning there would not be enough votes to confirm Bounds.[125][126] On July 24, 2018, his nomination was officially withdrawn.[127] Trump later nominated Washington County Judge Danielle J. Forrest
    in Bounds' place, and Forrest was confirmed on November 6, 2019.

Confirmed nominees

United States Court of Appeals for the Second Circuit

United States Court of Appeals for the Fourth Circuit

  • Rule XXXI, Paragraph 6 of the Senate. On January 23, 2019, Trump announced his intent to renominate Rushing for a federal judgeship.[141] Her nomination was sent to the Senate later that day.[142] On February 7, 2019, her nomination was reported out of committee by a 12–10 vote.[143] On March 5, 2019, the United States Senate confirmed Rushing by a 53–44 vote.[144]

United States Court of Appeals for the Fifth Circuit

United States Court of Appeals for the Sixth Circuit

  • John K. Bush (of Kentucky): On May 8, 2017, Trump announced that he would nominate prominent Louisville lawyer Bush to the seat on the United States Court of Appeals for the Sixth Circuit vacated by Judge Danny Julian Boggs, who assumed senior status on February 28, 2017.[160] On a questionnaire submitted to the committee, Bush acknowledged that between 2007 and 2016, he had pseudonymously authored approximately 400 blog posts on Elephants in the Bluegrass, a blog founded by his wife, Bridget.[161] His blog posts espoused conservative political views and expressed opposition to gay marriage, the Affordable Care Act, public financing of political campaigns, and the idea of trying terrorists in civilian courts.[162][163] Bush also compared abortion to slavery, calling the topics "the two greatest tragedies in our country."[163] When questioned about his blogging during his judicial nomination process, Bush said that "my personal views are irrelevant to the position for which I have been nominated" and that "Blogging is a political activity. It is not appropriate to bring politics to the bench."[164] On July 20, 2017, the United States Senate confirmed him by a 51–47 vote.[165]
  • Rule XXXI, Paragraph 6 of the Senate. He was renominated on January 23, 2019.[171] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[143] On March 6, 2019, his nomination was confirmed by a 52–47 vote.[172]

United States Court of Appeals for the Seventh Circuit

  • Rule XXXI, Paragraph 6 of the Senate.[117] On January 5, 2018, Trump announced his intent to renominate Brennan to a federal judgeship.[118] On January 8, 2018, his renomination was sent to the Senate.[119] On February 15, 2018, Brennan’s nomination was reported out of committee by an 11–10 vote,[175] over the strenuous objections of Democrats on the committee.[176] On May 10, 2018, his nomination was confirmed by a 49–46 vote.[177]

United States Court of Appeals for the Eighth Circuit

  • Standing Committee on the Federal Judiciary, a nonpartisan entity which rates judicial nominees, unanimously voted to give Grasz a "not qualified" rating for the position.[178] On December 7, 2017, his nomination was reported out of committee by an 11–9 vote.[179] On December 12, 2017, the United States Senate confirmed his nomination by a 50–48 vote;[180] the vote was along party lines with Senators John McCain and Thad Cochran abstaining from the vote.[181]
  • Rule XXXI, Paragraph 6 of the Senate.[117] On January 5, 2018, Trump announced his intent to renominate Stras to a federal judgeship.[118] On January 8, 2018, his renomination was sent to the Senate.[119] On January 18, 2018, his nomination was reported out of committee by a 13–8 vote.[185] On January 30, 2018, the United States Senate confirmed his nomination by a 56–42 vote.[186][187]
  • Jonathan A. Kobes (of South Dakota): On June 11, 2018, Kobes, a former top aide to U.S. Senator Mike Rounds, was nominated to serve on the United States Court of Appeals for the Eighth Circuit. He quickly drew opposition from liberal interest groups and Democrats, who claimed that some of his prior clients showed ideological bias and that he didn't have enough courtroom experience.[citation needed] Their cause was aided when the American Bar Association rated Kobes as "Unqualified." Republicans denounced the rating, claiming that the lead attorney evaluating nominees for the 8th Circuit was politically motivated and biased.[citation needed] On December 11, 2018, the United States Senate confirmed Kobes by a 51–50 vote, with Vice President Mike Pence casting the tie-breaking vote.[188]

United States Court of Appeals for the Ninth Circuit

  • Eric D. Miller (of Washington): On July 13, 2018, Trump announced his intent to nominate Miller to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.[136] On July 19, 2018, his nomination was sent to the Senate. Trump nominated Miller to the seat vacated by Judge Richard C. Tallman, who assumed senior status on March 3, 2018.[189] Neither of Washington's two U.S. senators, Democrats Maria Cantwell and Patty Murray, returned their blue slips for Miller.[190] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[143] On February 26, 2019, the United States Senate confirmed Miller by a 53–46 vote.[191] Miller became the first federal appeals court judge in over a century to be confirmed without support from at least one home state senator.[192]
  • Daniel Bress (of California): On January 30, 2019, Trump announced his intent to nominate Bress to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit. On February 6, 2019, his nomination was sent to the Senate. He has been nominated to the seat vacated by Alex Kozinski, who retired on December 18, 2017. In May 2019, the confirmation hearing for Bress devolved into a debate about Bress' geographic roots. Bress, a native of Gilroy, California, moved to Washington D.C. approximately ten years ago in order for his wife to pursue her career.[193] On June 20, 2019, his nomination was reported out of committee by a 12–10 vote.[194] On July 9, 2019, the United States Senate confirmed his nomination by a 53–45 vote.[195]
  • Rule XXXI, Paragraph 6 of the Senate. Trump later nominated Daniel Bress in Bumatay's place, who was subsequently confirmed, while Bumatay was instead nominated to the United States District Court for the Southern District of California to the seat vacated by judge Marilyn L. Huff, who assumed senior status on September 30, 2016. On October 15, 2019, Trump withdrew Bumatay's nomination to the district court and nominated him to the seat being vacated by Carlos Bea, who planned to assume senior status upon the confirmation of his successor. Todd W. Robinson was later nominated to the district court seat in Bumatay's place and subsequently confirmed on September 16, 2020. On November 21, 2019, his nomination was reported out of committee by a 12–10 vote.[200] On December 10, 2019, the United States Senate confirmed his nomination by a 53–40 vote.[201] Bumatay is the first Filipino American to serve as an Article III federal appellate judge. Bumatay is gay and was the second LGBT person to be nominated by Trump to a federal judicial position.[202]
  • Lawrence VanDyke (of Nevada): On September 20, 2019, Trump announced his intent to nominate VanDyke to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.[136] Nevada Senators Jacky Rosen and Catherine Cortez Masto, both Democrats, announced their disappointment in the nomination.[203] He was nominated to the seat being vacated by Judge Jay Bybee, who previously announced his intention to assume senior status on December 31, 2019.[152] VanDyke received a "not qualified" rating from the American Bar Association. ABA evaluators conducted 60 anonymous interviews with lawyers, judges, and others who had worked with VanDyke. The ABA published a scathing critique of VanDyke in a letter to the Senate Judiciary Committee; that letter asserted that interviewees described VanDyke as "'arrogant, lazy, an ideologue, and lacking in knowledge of the day-to-day practice'" of law. The ABA added that "'There was a theme that the nominee lacks humility, has an 'entitlement' temperament, does not have an open mind, and does not always have a commitment to being candid and truthful'".[204] The ABA also raised "concerns about whether Mr. VanDyke would be fair to persons who are gay, lesbian, or otherwise part of the LGBTQ community, adding that "Mr. VanDyke would not say affirmatively that he would be fair to any litigant before him, notably members of the LGBTQ community."[205] On October 30, 2019, a hearing on VanDyke's nomination was held before the Senate Judiciary Committee.[206] Most of the two-hour hearing was focused on VanDyke's record on LGBTQ issues.[207] During his confirmation hearing, VanDyke was asked, "Did you say that you wouldn't be fair to members of the LGBTQ community?"[208] VanDyke broke down in tears, denying the accusation: "'I did not say that. I do not believe that. It is a fundamental belief of mine that all people are created in the image of God and they should all be treated with dignity and respect'". Senator Patrick Leahy (D-Vt), questioned VanDyke about an opinion editorial he wrote in 2004 while a student at Harvard Law noting that same-sex marriage may be harmful for children. VanDyke stated that his views had changed since that time.[209] VanDyke said that during a three-hour meeting with the ABA, the ABA evaluator told him that she was in a "hurry" and did not give him the opportunity to fully respond to concerns. The ABA acknowledged that the lead ABA evaluator assigned to VanDyke, Montana attorney Marcia Davenport, contributed $150 to VanDyke's opponent in a 2014 Montana Supreme Court election.[210] On November 21, 2019, his nomination was reported out of committee by a 12–10 vote.[211][200] On December 11, 2019, his nomination was confirmed by a 51–44 vote.[212]

United States Court of Appeals for the Eleventh Circuit

  • Rule XXXI, Paragraph 6 of the Senate.[216] Later that day, he was re-nominated to the same seat.[217] The National Urban League and the NAACP urged the Senate to reject his nomination to the Eleventh Circuit.[218][219][158] On January 16, 2020, his nomination was reported out of committee by a 12–10 vote.[220] On February 11, 2020, his nomination was confirmed by a 52–43 vote.[221]

District court nominees

Failed nominees

United States District Court for the Middle District of Alabama

United States District Court for the District of Alaska

  • Jon Katchen: On April 10, 2018, Trump announced his intent to nominate Katchen to serve as a United States District Judge of the United States District Court for the District of Alaska. On April 12, 2018, his nomination was sent to the Senate. He was nominated to the seat vacated by Judge Ralph Beistline, who assumed senior status on December 31, 2015. His nomination was referred to the Senate Judiciary Committee.[225] In August 2018, Katchen withdrew his name from consideration, citing the uncertainty of the nomination process and timing.[226][227] Trump later nominated Joshua Kindred in Katchen's place, and Kindred was confirmed on February 12, 2020.

United States District Court for the Eastern District of Texas

United States District Court for the District of Columbia

United States District Court for the Northern District of New York

  • Thomas Marcelle: On October 10, 2018, Trump announced his intent to nominate Marcelle to serve as a Judge of the United States District Court for the Northern District of New York. Marcelle was nominated to the seat on the United States District Court for the Northern District of New York vacated by Judge Gary L. Sharpe, who assumed senior status on January 1, 2016. On November 13, 2018, his nomination was sent to the U.S. Senate. On January 3, 2019, Marcelle's nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate. On January 23, 2019, Trump announced that he had renominated Marcelle. On August 29, 2019, Marcelle had withdrawn his name from consideration after his nomination was blocked by U.S. Sen. Kirsten Gillibrand due to his perceived opposition to abortion.[240] The White House officially withdrew his nomination on September 19, 2019.[241] Trump later nominated Ryan T. McAllister in Marcelle's place.
  • Ryan T. McAllister: On August 12, 2020, President Trump announced his intent to nominate McAllister to serve as a
    U.S. Supreme Court shortly before the 2020 presidential election, Schumer and Gillibrand refused to turn in their blue slips in retaliation, leaving his nomination stalled. President Biden nominated Anne M. Nardacci
    in McAllister’s place and she was confirmed on November 30, 2022.

United States District Court for the Eastern District of North Carolina

  • Rule XXXI, Paragraph 6 of the Senate.[117] On January 5, 2018, Trump announced his intent to renominate Farr to a federal judgeship.[246] On January 8, 2018, his renomination was sent to the Senate.[247] On January 18, 2018, his nomination was reported out of committee by an 11–10 vote.[150] On November 28, 2018, the Senate invoked cloture on his nomination by a 51–50 vote, with Vice President Mike Pence casting the tie-breaking vote.[248] The following day, Republican senators Jeff Flake of Arizona and Tim Scott of South Carolina opposed to his nomination, joined all 49 Democratic senators who opposed his nomination as well, all assuring that his nomination will be rejected.[249] Farr's nomination was opposed by the Congressional Black Caucus due to Farr's role as a lawyer defending North Carolina voting restrictions which were struck down by a court as racially biased. During his Senate confirmation hearing, Farr said that he disagreed with the 4th Circuit panel's ruling and that "at the time our clients enacted those laws, I do not believe that they thought that were purposefully discriminating against African Americans." He said that if he is confirmed to the federal judiciary, he would follow the 4th Circuit's ruling.[250][251] In 2019, the White House did not renominate Farr. Trump later nominated Richard E. Myers II
    in Farr's place, and Myers was confirmed on December 5, 2019.

United States District Court for the Eastern District of Wisconsin

  • Gordon P. Giampietro: On December 20, 2017, Trump nominated Giampietro to serve as a United States District Judge of the United States District Court for the Eastern District of Wisconsin, to the seat vacated by Judge Rudolph T. Randa, who assumed senior status on February 5, 2016. On February 15, 2018, the web site BuzzFeed reported that Giampietro had made negative remarks about "calls for diversity", birth control, and gay marriage in blog comments and radio interviews. A spokesman for U.S. Senator Tammy Baldwin called the statements "extremely troubling" and complained that they had not been provided to the Wisconsin Federal Nominating Commission, a bipartisan commission which vets federal judicial nominees.[252] In response, Giampietro released his application to the Wisconsin federal nominating commission, which shows what questions he was asked by the state's federal nominating commission and the answers that he provided. Giampietro's supporters, including the Catholic League, have said they believe criticisms of his past comments have to do with his Catholic faith.[253] In response, Baldwin withheld her blue slip.[254] In 2019, the White House did not renominate him. Trump later nominated Brett H. Ludwig in Giampietro's place, and Ludwig was confirmed on September 9, 2020.

Northern, Eastern, and Western Districts of Oklahoma

  • John M. O'Connor: On April 10, 2018, Trump nominated O'Connor to serve as a United States District Judge for the United States District Courts of Northern, Eastern, and Western districts of Oklahoma. He was nominated to the seat vacated by Judge James H. Payne, who assumed senior status on August 1, 2017.[255] On July 11, 2018, a hearing on his nomination was held before the Senate Judiciary Committee.[256] During his hearings Senator Kamala Harris said the Judiciary Committee should not have moved forward with O'Connor's nomination before the ABA released its rating.[257] On August 21, 2018, the American Bar Association rated O'Connor "not qualified."[258] Two complaints about O'Connor had been filed with the Oklahoma Bar Association, although neither complaint resulted in public discipline and he remains an attorney in good standing.[259] He was not renominated in 2019, and withdrew his name for consideration for re-nomination on April 12, 2019. Trump later nominated John F. Heil III in O'Connor's place, and Heil was confirmed on May 20, 2020.

United States District Court for the Western District of Michigan

  • Michael S. Bogren: On March 8, 2019, Trump agreed to nominate Borgen as a Federal Trial Judge at the urging of U.S. Senators Debbie Stabenow and Gary Peters. However, his nomination drew criticism from Republicans and conservatives. A particular point of contention was when Bogren represented the city of East Lansing, which barred two married Christian farmers from selling his goods at the local farmers' market because after they refused to a host a same-sex marriage on their farm citing religious beliefs. While making his case, Bogren equated the farmers to the Ku Klux Klan and radical Muslims who oppose letting women drive.[260] While Bogren claimed he was merely defending his client, his critics said his remarks went far beyond the bounds of fair comment and showed anti-Christian bias, thus proving that he did not have the temperament to judge cases impartially. On June 11, 2019, Bogren withdrew his nomination. The White House formally sent a notice of the withdrawal of Bogren's nomination to the Senate on June 26, 2019. Trump later nominated Hala Y. Jarbou in Bogren's place, and Jarbou was confirmed on September 10, 2020.

United States District Court for the District of New Mexico

United States District Court for the Central District of California

  • Jeremy B. Rosen: On October 10, 2018, President Trump announced his intent to nominate Rosen to serve as a United States District Judge for the United States District Court for the Central District of California. Democrats claimed that Rosen was a conservative ideologue. Rosen's supporters pointed out that he is a well-regarded appellate lawyer and that many Democrats in the California legal community support him.[265] On November 13, 2018, his nomination was sent to the Senate. Senator Kamala Harris refused to turn in her blue slip consenting to the nomination. His nomination was returned at the end of the 116th United States Congress. President Joe Biden later nominated Judge Hernán D. Vera in Rosen's place and he was confirmed on June 13, 2023.
  • Rick Richmond: On August 28, 2019, President Trump announced his intent to nominate Richmond to serve as a United States District Judge for the United States District Court for the Central District of California. On October 17, 2019, his nomination was sent to the Senate. The nomination was objected to by progressives, noting his longtime membership in the Federalist Society and his past contributions to Republicans seeking elective office, including President.[266] U.S. Senator Kamala Harris withheld her blue slip from the nomination, leaving his nomination stalled. His nomination was returned at the end of the 116th United States Congress. President Joe Biden later nominated Judge Sherilyn Peace Garnett in Richmond's place and she was confirmed on April 27, 2022.
  • Sandy N. Leal: On August 28, 2019, President Trump announced his intent to nominate
    Orange County Superior Court Judge Leal to serve as a United States District Judge for the United States District Court for the Central District of California. Her nomination was part of a bipartisan package of nominees which included Shireen Matthews, who was recommended by Senator Kamala Harris.[267] On October 17, 2019, her nomination was sent to the Senate. President Trump nominated Leal to the seat vacated by Judge Christina A. Snyder, who assumed senior status on November 23, 2016. Leal's nomination drew no strong objections, but Senator Kamala Harris refused to submit her blue slip consenting to the nomination, leaving it stalled. His nomination was returned at the end of the 116th United States Congress. President Joe Biden later nominated Los Angeles County Superior Court Judge Maame Ewusi-Mensah Frimpong
    in Leal's place and she was confirmed on December 17, 2021.

United States District Court for the Eastern District of California

  • Dirk B. Paloutzian: On April 29, 2020, President Trump announced his intent to nominate Paloutzian to serve as a United States District Judge for the United States District Court for the Eastern District of California. On May 21, 2020, his nomination was sent to the United States Senate.[268] He received a rating of "well qualified" from the American Bar Association[269] and drew no strong objections, but Senator Kamala Harris refused to submit a blue slip consenting to the nomination, leaving it stalled. His nomination was returned at the end of the 116th United States Congress. President Joe Biden later nominated Ana de Alba in Paloutzian's place and she was confirmed on June 21, 2022.
  • James P. Arguelles: On June 8, 2020, President Trump announced his intent to nominate Sacramento County Superior Court Judge Arguelles to serve as a United States District Judge for the United States District Court for the Eastern District of California.[267] On June 18, 2020, his nomination was sent to the Senate. Arguelles did not generate any strong objections, but Senator Kamala Harris refused to submit a blue slip consenting to the nomination, leaving it stalled. His nomination was returned at the end of the 116th United States Congress. President Joe Biden later nominated Judge Jennifer L. Thurston in Arguelles' place and she was confirmed on December 17, 2021.

United States District Court for the Southern District of California

United States District Court for the Eastern District of New York

  • David C. Woll Jr.: On August 12, 2020, President Trump announced his intent to nominate Woll to serve as a United States District Judge for the United States District Court for the Eastern District of New York. On September 8, 2020, his nomination was sent to the Senate. Woll immediately drew opposition. In 2007, Woll had been one of the attorneys hired by DOJ attorney Monica Goodling as part of a politicized hiring process she conducted, though he personally wasn't accused of wrongdoing. He also worked at the HUD, and was accused of improperly withholding aid to Puerto Rico after a hurricane and failing to comply with a congressional subpoena on the topic on schedule.[273] In response, New York's U.S. senators, Chuck Schumer and Kirsten Gillibrand, refused to turn in blue slips consenting to his nomination. His nomination was returned at the end of the 116th United States Congress. President Joe Biden later nominated Nina Morrison in Woll's place, who was confirmed on June 8, 2022.
  • Saritha Komatireddy: On February 12, 2020, President Trump announced his intent to nominate Komatireddy to serve as a United States District Judge for the United States District Court for the Eastern District of New York. Komatireddy was nominated as part of a bipartisan package of nominees which included
    U.S. Supreme Court shortly before the 2020 Presidential election, New York's two Democratic U.S. senators, Chuck Schumer and Kirsten Gillibrand, withdrew their blue slips for Komatireddy and some of Trump's other nominees for New York. Her nomination was returned at the end of the 116th United States Congress. President Joe Biden later nominated Nusrat Jahan Choudhury
    in Komatireddy's place and she was confirmed on June 15, 2023.

United States District Court for the Southern District of New York

Confirmed nominees

United States District Court for the Western District of Tennessee

  • Rule XXXI, Paragraph 6 of the Senate.[117] On January 5, 2018, Trump announced his intent to renominate Norris to a federal judgeship.[246] On January 8, 2018, his renomination was sent to the Senate.[247] On January 18, 2018, his nomination was reported out of committee by an 11–10 vote.[150] On October 11, 2018, the United States Senate confirmed his nomination was confirmed by a 51–44 vote.[289]

United States District Court for the Western District of Oklahoma

  • Rule XXXI, Paragraph 6 of the Senate. On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[143] On April 9, 2019, he was confirmed by a 53–47 vote.[294]

United States District Court for the Eastern District of Texas

  • Rule XXXI, Paragraph 6 of the Senate. On January 23, 2019, Trump announced his intent to renominate Barker for a federal judgeship.[141] His nomination was sent to the Senate later that day.[142] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[143] On May 1, 2019, the United States Senate confirmed him by a 51–47 vote.[299]
  • Rule XXXI, Paragraph 6 of the Senate. On January 23, 2019, Trump announced his intent to renominate Truncale for a federal judgeship.[141] His nomination was sent to the Senate later that day.[142] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[143] On May 14, 2019, his nomination was confirmed by the Senate in a 49–46 vote.[303] Senator Mitt Romney voted against him because he called Barack Obama an "un-American imposter" in 2011. Truncale said he was "merely expressing frustration by what I perceived as a lack of overt patriotism on behalf of President Obama.'"[304]

United States District Court for the Eastern District of Louisiana

  • Rule XXXI, Paragraph 6 of the Senate. On January 23, 2019, Trump announced his intent to renominate Vitter for a federal judgeship.[141] Her nomination was sent to the Senate later that day.[142] On February 7, 2019, her nomination was reported out of committee by a 12–10 vote.[143] On May 16, 2019, her nomination was confirmed by a 52–45 vote.[308]

United States District Court for the District of Utah

  • Rule XXXI, Paragraph 6 of the Senate. On January 23, 2019, Trump announced his intent to renominate Nielson for a federal judgeship.[141] His nomination was sent to the Senate later that day.[142] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[143] On May 22, 2019, his nomination was confirmed by a 51–47 vote.[313]

United States District Court for the Eastern District of Missouri

  • Rule XXXI, Paragraph 6 of the Senate. On January 23, 2019, Trump announced his intent to renominate Clark for a federal judgeship.[141] His nomination was sent to the Senate later that day.[142] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[143] On May 22, 2019, his nomination was confirmed by a 53–45 vote.[316]
  • in vitro fertilization should legally be considered human beings, and she wrote an amicus brief stating that "surrogacy has grave effects on society."[322] On October 31, 2019, her nomination was reported out of committee by a party-line 12–10 vote.[323] On December 3, 2019, the United States Senate invoked cloture on her nomination by a 50–43 vote,[324] with Maine senator Susan Collins voted against her nomination.[325] On December 4, 2019, her nomination was confirmed by a 49–44 vote.[326]

United States District Court for the Northern District of Texas

  • Rule XXXI, Paragraph 6 of the Senate.[328] On January 5, 2018, Trump announced his intent to renominate Kacsmaryk to a federal judgeship.[118] On January 8, 2018, his renomination was sent to the Senate.[119] On January 18, 2018 his nomination was reported out of committee by an 11–10 vote.[150] Senate Democrats oppose his nomination due to his writings and negative comments on LGBT rights and women's contraceptive rights.[329][330] On January 3, 2019, his nomination was once again returned to the President. On January 23, 2019, Trump announced his intent to renominate Kacsmaryk for a federal judgeship.[141] His nomination was sent to the Senate later that day.[142] On February 7, 2019, his nomination was reported out of committee by a 12–10 vote.[143] On June 18, 2019, the United States Senate invoked cloture on his nomination by a 52–44 vote.[331] On June 19, 2019, his nomination was confirmed by a 52–46 vote.[332]

United States District Court for the Middle District of Florida

  • First Circuit Court of Appeals in November 1980.[336][344] Breyer had been confirmed by an 80–10 vote.[345]

United States District Court for the Northern District of Ohio

  • Cleveland, Ohio law firm, Calabrese was not expected to be controversial. But he came under fire from animal rights groups and some progressives for doing legal work for Cavel International Inc., the last horse slaughterhouse in the United States, in seeking to block Illinois regulations that would have shut down the business. Calabrese drew even more criticism for representing CEO of the Ohio coal company Murray Energy, which sued the Chagrin Valley Times, a local newspaper, for a defamation after it criticized Murray for firing 156 employees. A federal appeals court found the lawsuit constituted legal harassment, though Calabrese was not personally accused of wrongdoing.[346] A hearing on his nomination before the Senate Judiciary Committee was held on July 29, 2020, and many senators were not impressed with his testimony. On September 17, 2020, his nomination was reported out of committee by a 12–10 vote.[347] On December 1, 2020, his nomination was confirmed by a 58–35 vote.[348]

Article I court nominees

Confirmed nominees

United States Court of Federal Claims

  • Rule XXXI, Paragraph 6 of the Senate.[353] On January 9, 2020, he was renominated to the same seat.[354] On May 14, 2020, his nomination was reported out of committee by a 12–10 vote.[355] On December 7, 2020, the Senate invoked cloture on his nomination by a 48–46 vote.[356] On December 8, 2020, his nomination was confirmed by a 49–47 vote.[357]

Failed nominees

United States Court of Federal Claims

  • Damien M. Schiff: on May 8, 2017, Trump nominated Schiff, an attorney at the Pacific Legal Foundation, to serve as a United States Judge of the United States Court of Federal Claims, to the seat vacated by Judge George W. Miller, who retired in 2013.[358] Schiff became controversial because of his lack of experience with the specific court. But he became the subject of negative publicity when it was revealed that he described U.S. Supreme Court Associate Justice Anthony Kennedy as a "judicial prostitute" in a blog posting he wrote in 2007.[359] On July 13, 2017, his nomination was reported out of committee by an 11–9 vote.[360] However, some Republican senators implied that they would oppose him on the floor. On January 3, 2018, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate.[117] The White House did not renominate Schiff in 2018.[352] Trump later nominated Richard Hertling in Schiff's place, and Hertling was confirmed on June 10, 2019.
  • Net Neutrality and portrayed her as reflexively pro-corporation. On May 9, 2018, a hearing on her nomination was held before the Senate Judiciary Committee.[122] On June 7, 2018, her nomination was reported out of committee by an 11–10 vote.[363] In December 2018, Ohlhausen announced that she had withdrawn her nomination for the federal judiciary, opting instead to join the law firm of Baker Botts as partner and co-chair of the firm's antitrust practice.[364] Trump later nominated Edward H. Meyers
    in Ohlhausen's place, and Meyers was confirmed on September 22, 2020.

See also

Notes

  1. ^ American Bar Association ratings key:
    WQ: Well Qualified
    Q: Qualified
    NQ: Not qualified
    sm: Substantial majority (minimum 2/3)
    m: Majority
    min: Minority
    The ABA issues ratings for Article III and Article IV judicial nominations.
    ABA ratings for the 115th Congress
    ABA ratings for the 116th Congress

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