BUSH JUDICIAL APPOINTMENTS TO THE FEDERAL APPELLATE BENCH: 2001-2005 (6 Currently Pending)

December 23, 2005 | new yorker 77

[new yorker 77]

BUSH JUDICIAL APPOINTMENTS TO THE FEDERAL APPELLATE BENCH: 2001-2005

(6 Currently Pending)

FYI: I have compiled the information available on Bush Nominees for the Federal Appellate Bench for all to use. Feel free to correct me if need be.

Current Status of Federal Appellate Nominees:

Bush Judicial Appointments: 50

Judges Confirmed: 41

Recess Appointments: 2; Pickering – Now Retired, Pryor – Now Confirmed

Still Pending: 6; Terrence W. Boyle; William James Haynes, II; Claude Alexander Allen; Henry W. Saad; William Gerry Myers, III; Brett M. Kavanaugh

Withdrawn: 2; Miguel Estrada; Carolyn Kuhl

Confirmed Judges No Longer on Federal Appeals Bench: 2

1) 3rd Circuit - Michael Chertoff – Now DHS Secretary

2) DC Circuit – John Glover Roberts, Jr. – Now Chief Justice SCOTUS

President Bush has appointed 50 people to fill vacancies on the Federal Appeals Courts over the last five years. Of these appointees, only 41 have been confirmed. Many of those confirmed have had to be re-appointed, some more than once, in order to go around Democrats who refused to vote them out of committee in 2001 and 2002 after the Jim Jeffords move gave control of the Senate to the Democrats.

There have been 16 appointees that have been filibustered and some continue to be filibustered. Some have been filibustered on the Senate floor after making it out of committee in a Republican controlled Senate in 2003 and 2004, many more still pending, now withdrawn or retired have been threatened with a filibuster. The Gang of 14 did allow for an up or down vote on some of the judges being filibustered. Still, the Gang of 14 group has failed to prevent Senate Democrats from both dragging their feet and threatening unconstitutional filibusters on highly qualified judicial appointments.

This is also being done by Democrats to prevent President Bush from filling the remaining vacancies on the Federal Appellate Bench by slowing down the process.

List: The 6 Judges still pending, Being Threatened with a CONTINUED FILIBUSTER

4th Circuit Nominees Still Pending

1) Terrence W. Boyle - 1st Appointed: October 22, 1991; 2nd Appointed: May 9, 2001; 3rd Appointed: January 7, 2003; FILIBUSTERED; 4th-Appointed: February 14, 2005

2) William James Haynes, II - 1st Appointed: September 29, 2003; FILIBUSTERED; Re-Appointed: February 14, 2005

3) Claude Alexander Allen - Appointed: April 28, 2003; FILIBUSTERED

6th Circuit Nominee Still Pending

4) Henry W. Saad - 1st Appointed: October 2, 1992; 2nd Appointed: November 8, 2001; 3rd Appointed: January 7, 2003; FILIBUSTERED; 4th-Appointed: February 14, 2005

9th Circuit Nominee Still Pending 5) William Gerry Myers, III - 1st Appointed: May 15, 2003); FILIBUSTERED; Re-Appointed: February 14, 2005

D.C. Circuit Nominee Still Pending

6) Brett M. Kavanaugh - 1st Appointed: July 25, 2003; FILIBUSTERED; Re-Appointed: February 14, 2005

Listed: the 2 Withdrawn Nominations, Due to FILIBUSTER

D.C. Circuit Nominee Withdrawn

1) Miguel Estrada - 1st Appointed: May 9, 2001; Re-Appointed: January 7, 2003; FILIBUSTERED; Withdrawn: September 4, 2003

9th Circuit Nominee Withdrawn

2) Carolyn B. Kuhl - 1st Appointed: June 22, 2001; Re-Appointed: January 7, 2003; FILIBUSTERED; Withdrawn: December 23, 2004

Listed: Recess Appointed & Now Retired, Due to FILIBUSTER

1) Charles Willis Pickering, Sr. – 1st Appointed: May 25, 2001; 2nd Appointed: January 7, 2003; FILIBUSTERED; Recess Appointed: January 16, 2004; Retired: December 8, 2004

Listed: The 41 Judges Confirmed to the Federal Appellate Bench

U.S. Court of Appeals for the First Circuit

1) Jeffrey R. Howard – Appointed: September 4, 2001; Confirmed: April 23, 2002

U.S. Circuit Court of Appeals for the Second Circuit

2) Barrington D. Parker, Jr. – Clinton Judge, Appointed by Bush: September 4, 2001; Confirmed October 11, 2001

3) Reena Raggi – Appointed: May 1, 2002; Confirmed: September 20, 2002

4) Richard C. Wesley – Appointed: March 5, 2003; Confirmed: June 11, 2003

5) Peter W. Hall – Appointed: December 9, 2003; Confirmed: June 24, 2004

U.S. Court of Appeals for the Third Circuit

6) David Brooks Smith – Appointed: September 10, 2001; Confirmed: July 31, 2002

7) Michael Chertoff – Appointed: March 5, 2003; Confirmed: June 9, 2003; Resigned to serve as Secretary of the Department of Homeland Security on February 15, 2005

8) Michael D. Fisher – Appointed: May 1, 2003; Confirmed: December 9, 2003

9) Franklin Stewart Van Anterwerpen – Appointed: November 21, 2003; Confirmed: May 20, 2004

U.S. Court of Appeals for the Fourth Circuit

10) Dennis W. Shedd - Appointed: September 4, 2001; Confirmed: November 19, 2002

11) Allyson Kay Duncan - Appointed: April 28, 2003; Confirmed: July 17, 2003

U.S. Court of Appeals for the Fifth Circuit

12) Edith Brown Clement - Appointed: September 4, 2001; Confirmed: November 13, 2001

13) Edward Charles Prado - Appointed: February 6, 2003; Confirmed: May 1, 2003

14) Priscilla Richman Owen – 1st Appointed: May 9, 2001; 2nd Appointed: January 7, 2003; FILIBUSTERED; 3rd-Appointed: February 14, 2005; Confirmed: May 25, 2005

U.S. Court of Appeals for the Sixth Circuit

15) Julia Smith Gibbons - Appointed: October 9, 2001; Confirmed: July 29, 2002

16) John M. Rogers - Appointed: December 19, 2001; Confirmed: November 14, 2002

17) Jeffrey S. Sutton - 1st Appointed: May 9, 2001; Re-Appointed: January 7, 2003; Confirmed: April 29, 2003

18) Deborah L. Cook - 1st Appointed: May 9, 2001; Appointed: January 7, 2003; Confirmed: May 5, 2003

19) Richard Allen Griffin 1st Appointed: June 26, 2002; 2nd-Appointed: January 7, 2003; FILIBUSTERED; 3rd Appointed: February 14, 2005; Confirmed: June 9, 2005

20) David William McKeague 1st Appointed: November 8, 2001; FILIBUSTERED; Re-Appointed: February 14, 2005; Confirmed: June 9, 2005

21) Susan Bieke Neilson 1st Appointed: November 8, 2001; 2nd Appointed: January 7, 2003; FILIBUSTERED; 3rd-Appointed: February 14, 2005; Confirmed: October 27, 2005

U.S. Court of Appeals for the Seventh Circuit

22) Diane S. Sykes - Appointed: November 14, 2003; Confirmed: June 24, 2004

U.S. Court of Appeals for the Eighth Circuit

23) William J. Riley - Appointed: May 23, 2001; Confirmed: August 2, 2001

24) Michael Joseph Melloy - Appointed: September 4, 2001; Confirmed: February 11, 2002

25) Lavenski R. Smith - Appointed: September 4, 2001; Confirmed: July 15, 2002

26) Steven M. Colloton - Appointed: February 12, 2003; Confirmed: September 4, 2003

27) Raymond W. Gruender - Appointed: September 29, 2003; Confirmed: May 20, 2004

28) William Duane Benton - Appointed: February 12, 2004; Confirmed: June 24, 2004

U.S. Court of Appeals for the Ninth Circuit

29) Richard R. Clifton - Appointed: September 4, 2001; Confirmed: July 18, 2002

30) Jay S. Bybee - 1st Appointed: May 22, 2002; Re-Appointed: January 7, 2003; Confirmed: March 13, 2003

31) Consuelo Maria Callahan - Appointed: February 12, 2003; Confirmed: May 22, 2003

32) Carlos T. Bea - Appointed: April 11, 2003; Confirmed: September 29, 2003

U.S. Court of Appeals for the Tenth Circuit

33) Harris L. Hartz - Appointed: September 4, 2001; Confirmed: December 6, 2001

34) Terrence L. O’Brien - Appointed: September 4, 2001; Confirmed: April 15, 2002

35) Michael W. McConnell - Appointed: September 4, 2001; Confirmed: November 15, 2002

36) Timothy M. Tymkovich - Appointed: January 7, 2003; Confirmed: April 1, 2003

U.S. Court of Appeals for the Eleventh Circuit

37) William Holcombe Pryor, Jr. - 1st Appointed: April 9, 2003; FILIBUSTERED; Recess Appointed: February 20, 2004; Re-Appointed: February 14, 2005; Confirmed: June 10, 2005

U.S. Court of Appeals for the D.C. Circuit

38) John Glover Roberts, Jr. - 1st Appointed: January 27, 1992; 2nd Appointed: May 9, 2001; 3rd Appointed: January 7, 2003; Confirmed: May 8, 2003; Removed when Confirmed as Chief Justice of U.S. Supreme Court: September 29, 2005

39) Janice Rogers Brown - 1st Appointed: July 25, 2003; FILIBUSTERED; Re-Appointed: February 14, 2005; Confirmed: June 8, 2005

40) Thomas Beall Griffith - 1st Appointed: May 10, 2004; Re-Appointed: February 14, 2005; Confirmed: June 14, 2005

U.S. Court of Appeals for the Federal Circuit

41) Sharon Prost - Appointed: May 21, 2001; Confirmed: September 21, 2001

The following links can be used to research information about these judicial appointments:

Link: Biographies of each Judge Confirmed to the Federal Appeals Courts http://www.fjc.gov/public/home.nsf/hisj

Link: White House Nominations List http://www.whitehouse.gov/news/nominations/

Link: Senate Votes – Includes Confirmation Votes http://senate.gov/pagelayout/legislative/a_three_sections_with_teasers/votes.htm

Link: Senate Judiciary Committee Website: http://judiciary.senate.gov/

Link: AP: Bush Sends Senate 20 Judicial Nominees – February 15, 2005

Link: Pickering Recess Appointed: http://www.cnn.com/2004/LAW/01/16/bush.pickering.ap/

[RayStacy]

You have done us a great service. Now, I have a question. Remember the great deal made with the gang of fourteen? I forget how many were being filibustered at that point, but whatever happened with all that. I think 2 were confirmed as part of the deal and the rest were to be brought up for votes. Am I right about that, and MUCH MORE IMPORTANTLY, were any of the others actually brought up for a vote? Please clue me in if you can. Thanks.

[new yorker 77]

Some confirmed where filibuster in a floor vote while 6th Circuit nominees where filbuster by Carl Levin and friends.

I believe Owens, Pryor, Brown, McKeague, Neilsen, Griffen and Griffith have been confirmed since the Gang of 14.

[new yorker 77]

Still Pending: 6

Terrence W. Boyle; William James Haynes, II; Henry W. Saad; William Gerry Myers, III; Brett M. Kavanaugh

All of the above were renominated in February 2005.

Claude Alexander Allen was not re-nominated in February 2005. I believe his nomination late last year is also still pending and did not require a re-nomination.

[Altair333]

I've been wondering why Bush STILL hasn't nominated a replacement for Pickering on the 5th circuit- he resigned over a year ago. This deal with the Gang of 14 not to fillibuster only lasts til next November- he needs to hurry up and nominate someone. Should have many months ago.

[new yorker 77]

The filibuster is design to destroy a speedy process.

I am trying to find out how many vacancies there are on all 13 Courts of the Appellate Courts, 1 through 11, DC and Federal.

[new yorker 77]

FYI:

I mistakenly wrote: U.S. Circuit Court of Appeals for the 2nd Circuit

It should be: U.S. Court of Appeals for the 2nd Circuit

I repeated this mistake throughout the post with the exception of the: U.S. Court of Appeals for the 1st Circuit

Sorry about that.

[NeoCaveman]

Clifton is a Bush appointee? Yikes.

Over all the president has done a fine job with judicial nominations. The Ninth Circus on the other hand, well let's just say it will keep providing us with punchlines for years to come.

[new yorker 77]

More info: Richard R. Clifton: U.S. Court of Appeals for the Ninth Circuit (HI)

[new yorker 77]

I left out one judge that Bush appointed to the U.S. Couurt of Appeals of the 4th Circuit

He was one of two Clintonistas appointed by Bush in 'the new tone era'.

Barrington Parker, Jr. - posted above.

and

Roger L. Gregory

http://www.fjc.gov/public/home.nsf/hisj

I had blocked out this horrible move by Bush.

So total appointees is 51 with 42 confirmed, 6 pending and 3 withdrawn or retired.

[new yorker 77]

I left out one judge that Bush appointed to the U.S. Couurt of Appeals of the 4th Circuit

He was one of two Clintonistas appointed by Bush in 'the new tone era'.

Barrington Parker, Jr. - posted above.

and

Roger L. Gregory

http://www.fjc.gov/public/home.nsf/hisj

I had blocked out this horrible move by Bush.

So total appointees is 51 with 42 confirmed, 6 pending and 3 withdrawn or retired.