Ronald Reagan judicial appointment controversies
During President
List of unsuccessful federal judicial nominations
Reagan made 32 nominations for federal judgeships that were not confirmed by the Senate. Of these, one, Robert Bork, was rejected by the Senate and 9 were withdrawn by Reagan, while the other 22 expired at an adjournment of the Senate, including 16 that were pending at the close of the 100th Congress. Seven of his unsuccessful nominees were subsequently nominated to federal judgeships by other presidents, and all 7 were confirmed.
Nominee | Court | Nomination date |
Date of final action |
Final action | Subsequent federal judicial nominations | Seat filled by | Ref. |
---|---|---|---|---|---|---|---|
Supreme Court | |||||||
Robert Bork | SCOTUS | July 7, 1987 | October 23, 1987 | rejected by the Senate | Anthony Kennedy | [1] | |
Courts of appeals | |||||||
Sherman Unger | Fed. Cir. | December 15, 1982 | November 22, 1983 | returned to the president | Jean Galloway Bissell | [2][3][4] | |
Paul M. Bator | D.C. Cir. | August 1, 1984 | September 6, 1984 | withdrawn by Pres. Reagan | Laurence Silberman | [5] | |
Bernard Siegan | 9th Cir. | February 2, 1987 | September 16, 1988 | withdrawn by Pres. Reagan | Ferdinand Fernandez | [6] | |
Susan Liebeler | Fed. Cir. | March 23, 1987 | October 22, 1988 | returned to the president | S. Jay Plager | [7] | |
Dave Treen | 5th Cir. | July 22, 1987 | May 10, 1988 | withdrawn by Pres. Reagan | John M. Duhé Jr. | [8] | |
Stuart A. Summit | 2nd Cir. | September 23, 1987 | October 22, 1988 | returned to the president | John M. Walker Jr. | [9] | |
Judith Richards Hope | D.C. Cir. | April 14, 1988 | October 22, 1988 | returned to the president | Clarence Thomas | [10] | |
Pamela Ann Rymer | 9th Cir. | April 26, 1988 | October 22, 1988 | returned to the president | 9th Cir. (nominated February 28, 1989, confirmed May 18,1989) | Herself | [11] |
Jacques L. Wiener Jr. | 5th Cir. | June 27, 1988 | October 22, 1988 | returned to the president | 5th Cir. (nominated November 17, 1989, confirmed May 9, 1990) | Himself | [12] |
Guy G. Hurlbutt | 9th Cir. | August 11, 1988 | October 22, 1988 | returned to the president | Thomas G. Nelson | [13] | |
Ferdinand Fernandez | 9th Cir. | September 16, 1988 | October 22, 1988 | returned to the president | 9th Cir. (nominated February 28, 1989, confirmed May 18,1989) | Himself | [14] |
District courts | |||||||
Morton R. Galane | D. Nev. | July 21, 1983 | October 18, 1983 | withdrawn by Pres. Reagan | Lloyd D. George | [15][16] | |
Albert I. Moon Jr. | D. Haw. | October 16, 1985 | January 2, 1986 | returned to the president | Alan Cooke Kay | [17] | |
Jeff Sessions | S.D. Ala. | October 23, 1985 | July 31, 1986 | withdrawn by Pres. Reagan | Alex T. Howard Jr. | [18][19] | |
James Kenneth Porter | E.D. Tenn. | July 30, 1986 | October 18, 1986 | returned to the president | Robert Leon Jordan | [20] | |
Robert N. Miller | D. Colo. | February 5, 1987 | February 2, 1988 | withdrawn by Pres. Reagan | Edward Nottingham | [21] | |
Robert Roberto Jr. | E.D.N.Y. | November 25, 1987 | July 26, 1988 | withdrawn by Pres. Reagan | Arthur Spatt | [22] | |
Vaughn Walker | N.D. Cal. | December 19, 1987 | October 22, 1988 | returned to the president | N.D. Cal. (nominated February 28, 1989, confirmed November 22, 1989) | Himself | [23] |
Alfred C. Schmutzer Jr. | E.D. Tenn. | December 19, 1987 | March 28, 1988 | withdrawn by Pres. Reagan | Robert Leon Jordan | [24] | |
Howard E. Levitt | E.D.N.Y. | December 22, 1987 | October 22, 1988 | returned to the president | Carol Amon | [25] | |
Donald E. Abram | D. Colo. | February 19, 1988 | October 22, 1988 | returned to the president | Edward Nottingham | [26] | |
Shannon T. Mason Jr. | E.D. Va. | February 22, 1988 | October 22, 1988 | returned to the president | Rebecca Beach Smith | [27] | |
James R. McGregor | W.D. Pa. | March 14, 1988 | October 22, 1988 | returned to the president | Donald J. Lee | [28] | |
William H. Erickson | D. Colo. | March 23, 1988 | October 22, 1988 | returned to the president | Daniel B. Sparr | [29] | |
Robert C. Bonner | C.D. Cal. | June 15, 1988 | October 22, 1988 | returned to the president | C.D. Cal. (nominated February 28, 1989, confirmed May 18, 1989) | Himself | [30] |
Melinda Harmon | S.D. Tex. | June 23, 1988 | October 22, 1988 | returned to the president | S.D. Tex. (nominated February 28, 1989, confirmed May 18, 1989) | Herself | [31] |
Marvin J. Garbis | D. Md. | July 6, 1988 | October 22, 1988 | returned to the president | D. Md. (nominated August 4, 1989, confirmed October 24, 1989) | Himself | [32] |
Article I courts | |||||||
J. Harlan Stamper Jr. | T.C. | July 12, 1982 | September 23, 1982 | withdrawn by Pres. Reagan | Charles Clapp | [33] | |
Joseph V. Colaianni | Cl. Ct. |
November 19, 1982 | December 27, 1982 | returned to the president | Loren A. Smith | [34] | |
Robert Charrow | Cl. Ct. |
February 2, 1987 | August 10, 1987 | returned to the president | Randall Ray Rader | [35] | |
Article IV courts | |||||||
Adriane J. Dudley | D.V.I. | June 20, 1988 | October 22, 1988 | returned to the president | Thomas K. Moore | [36] |
Failed nominees
- Supreme Court of the United States
- Seat 1 – Robert Bork (rejected 42—58 by Senate)
- Seat 1 – Douglas Ginsburg (withdrew before nomination was submitted; seat later filled by Reagan nominee Anthony Kennedy)
- United States Court of Appeals for the Second Circuit
- New York seat – John M. Walker, Jr.)
- New York seat –
- United States Court of Appeals for the Fifth Circuit
- Louisiana seat – John Malcolm Duhé, Jr.)
- Louisiana seat – Jacques L. Wiener, Jr.(judgeship later filled by George H. W. Bush; Wiener was renominated for the seat by Bush)
- Texas seat – Lino Graglia (judgeship later filled by Reagan nominee Jerry Edwin Smith)
- Louisiana seat –
- United States Court of Appeals for the Seventh Circuit
- Indiana seat – Kenneth Ripple)
- Indiana seat –
- United States Court of Appeals for the Ninth Circuit
- California seat – Ferdinand Francis Fernandez)
- California seat – Ferdinand Francis Fernandez(judgeship later filled by George H. W. Bush; Fernandez was renominated for the seat by Bush)
- California seat – Pamela Ann Rymer (judgeship later filled by George H. W. Bush; Rymer was renominated for the seat by Bush)
- Idaho seat – Guy G. Hurlbutt (judgeship later filled by George H. W. Bush nominee Thomas G. Nelson)
- California seat –
- United States Court of Appeals for the District of Columbia Circuit
- Seat – Judith Richards Hope (judgeship later filled by George H. W. Bush nominee Clarence Thomas)
- United States Court of Appeals for the Federal Circuit
- Seat – Susan Liebeler (judgeship later filled by George H. W. Bush nominee S. Jay Plager)
- Seat – Sherman Unger (judgeship later filled by Reagan nominee Jean Galloway Bissell)
Others who were considered for nomination
In 1981, Reagan strongly and publicly had considered nominating Hallmark Cards attorney Judith Whittaker, who is the daughter-in-law of the late Supreme Court associate justice Charles Evans Whittaker, to a vacancy on the United States Court of Appeals for the Eighth Circuit that had been created by the decision by Floyd Robert Gibson to take senior status. Whittaker, a Republican, was dropped from consideration in December 1982 before being formally nominated, amid grassroots concerns among conservatives about Whittaker’s support of the Equal Rights Amendment and published rumors suggesting that she favored abortion rights.[37][38] Ultimately, the White House nominated John R. Gibson in 1982 to the seat, and he was confirmed by the United States Senate.
In 1982, Reagan strongly and publicly had considered nominating New Orleans lawyer Ben C. Toledano to a seat on the
Failed nomination of Jeff Sessions to district court
In 1986, Reagan nominated
At Sessions' confirmation hearings before the Senate Judiciary Committee, four
Sessions responded to the testimony by denying the allegations, saying his remarks were taken out of context or meant in jest, and also stating that groups could be considered un-American when "they involve themselves in un-American positions" on foreign policy. Sessions said during testimony that he considered the Klan to be "a force for hatred and bigotry". In regards to the marijuana quote, Sessions said the comment was a joke but apologized.[45]
In response to a question from Joe Biden on whether he had called the NAACP and other civil rights organizations "un-American", Sessions replied "I'm often loose with my tongue. I may have said something about the NAACP being un-American or Communist, but I meant no harm by it."[43]
On June 5, 1986, the committee voted 10—8 against recommending the nomination, with Republican Senators
Sessions was later elected to the U.S. Senate in 1996, and re-elected in 2002, 2008 and 2014, and in November 2016 became President Donald Trump's nominee for Attorney General.
See also
- Ronald Reagan Supreme Court candidates
- United States federal judge
- Judicial appointment history for United States federal courts
- Deaths of United States federal judges in active service
References
- ^ "PN487 — Robert H. Bork — The Judiciary". Congress.gov.
- ^ "PN1552 — Sherman E. Unger — The Judiciary". Congress.gov.
- ^ "PN218 — Sherman E. Unger — The Judiciary". Congress.gov.
- ^ "PN462 — Sherman E. Unger — The Judiciary". Congress.gov.
- ^ "PN1036 — Paul M. Bator — The Judiciary". Congress.gov.
- ^ "PN101 — Bernard H. Siegan — The Judiciary". Congress.gov.
- ^ "PN200 — Susan Wittenberg Liebeler — The Judiciary". Congress.gov.
- ^ "PN514 — David C. Treen — The Judiciary". Congress.gov.
- ^ "PN625 — Stuart A. Summit — The Judiciary". Congress.gov.
- ^ "PN995 — Judith Richards Hope — The Judiciary". Congress.gov.
- ^ "PN1026 — Pamela Ann Rymer — The Judiciary". Congress.gov.
- ^ "PN1208 — Jacques L. Wiener Jr. — The Judiciary". Congress.gov.
- ^ "PN1317 — Guy G. Hurlbutt — The Judiciary". Congress.gov.
- ^ "PN1361 — Ferdinand F. Fernandez — The Judiciary". Congress.gov.
- ^ "PN380 — Morton R. Galane — The Judiciary". Congress.gov.
- ^ "PN463 — Morton R. Galane — The Judiciary". Congress.gov.
- ^ "PN662 — Albert I. Moon Jr. — The Judiciary". Congress.gov.
- ^ "PN682 — Jefferson B. Sessions III — The Judiciary". Congress.gov.
- ^ "PN876-2 — Jefferson B. Sessions III — The Judiciary". Congress.gov.
- ^ "PN1269 — James Kenneth Porter — The Judiciary". Congress.gov.
- ^ "PN119 — Robert N. Miller — The Judiciary". Congress.gov.
- ^ "PN705 — Robert Roberto Jr. — The Judiciary". Congress.gov.
- ^ "PN774 — Vaughn R. Walker — The Judiciary". Congress.gov.
- ^ "PN778 — Alfred C. Schmutzer Jr. — The Judiciary". Congress.gov.
- ^ "PN786 — Howard E. Levitt — The Judiciary". Congress.gov.
- ^ "PN863 — Donald E. Abram — The Judiciary". Congress.gov.
- ^ "PN867 — Shannon T. Mason Jr. — The Judiciary". Congress.gov.
- ^ "PN886 — James R. McGregor — The Judiciary". Congress.gov.
- ^ "PN934 — William H. Erickson — The Judiciary". Congress.gov.
- ^ "PN1168 — Robert C. Bonner — The Judiciary". Congress.gov.
- ^ "PN1195 — Melinda Harmon — The Judiciary". Congress.gov.
- ^ "PN1211 — Marvin J. Garbis — The Judiciary". Congress.gov.
- ^ "PN1259-3 — James Harlan Stamper Jr. — The Judiciary". Congress.gov.
- ^ "PN1492 — Joseph V. Colaianni — The Judiciary". Congress.gov.
- ^ "PN95 — Robert P. Charrow — The Judiciary". Congress.gov.
- ^ "PN1175 — Adriane J. Dudley — The Judiciary". Congress.gov.
- ^ "Woman Off List For Judgeship". The New York Times. December 24, 1981. Retrieved May 22, 2010.
- ^ Bowen, Ezra (April 18, 2005). "Law: Judges with Their Minds Right". Time. Archived from the original on October 26, 2012. Retrieved May 22, 2010.
- ISBN 0-300-06962-6.
- ^ "Judges of the United States Courts". www.fjc.gov. Archived from the original on 2003-08-02.
- ^ a b Wildman, Sarah (May 5, 2009). "Jeff Sessions's chequered past". The Guardian.
- ^ Glen Elsasser (March 29, 1986). "Judicial Nomination In Deep Trouble". Chicago Tribune.
- ^ ISBN 9780300080735.
- ^ Wildman, Sarah (December 30, 2002). "Closed Sessions. The senator who's worse than Lott". The New Republic. Retrieved August 4, 2009.
- ^ National Public Radio (May 5, 2009). "Blog: Specter Helped Defeat Sessions In 1986 Judiciary Vote". Political Junkie. NPR. Retrieved August 4, 2009. (blog)
- ^ "Q&A Jeff Sessions: Sessions Says He's Looking For Judicial Restraint". National Journal. Insider Interviews. May 7, 2009. Archived from the original on May 15, 2009. Retrieved November 16, 2016.
- ^ "Sessions Subordinate: I Thought I'd Be Fired If I Objected To Being Called 'Boy'", Talking Points Memo, May 7, 2009.
- ^ Lamothe, Dan (November 9, 2016). "Sen. Jeff Sessions is known for fighting immigration. Now he could lead Trump's Pentagon". Washington Post.
- ^ Williams, Lena (June 6, 1986). "Senate Panel Hands Reagan First Defeat On Nominee for Judgeship". The New York Times. Retrieved January 2, 2014.