Joe Biden judicial appointment controversies

Last updated

President Joe Biden began his presidency with fewer vacancies to fill than his predecessor. [1] [2] He pledged to nominate people with diverse backgrounds and professional experience; [3] further he pledged to nominate the first black woman to the Supreme Court of the United States. [4]

Contents

By the end of 2021, 41 judges had been confirmed, the most since Ronald Reagan. [1] By the end of his first year in office, Biden had nominated 73 individuals for federal judgeships, one more than Donald Trump during the same point in his presidency. [5]

List of unsuccessful federal judicial nominations

As of December 12, 2024, Biden had made 11 nominations for federal judgeships that were not confirmed by the Senate and were not pending before the Senate. Of these, 3 were withdrawn by President Biden and 8 expired at an adjournment of the Senate.

NomineeCourtNomination
date
ABA
rating
[Note 1]
Date of
final action
Final actionSubsequent federal judicial nominationsSeat filled byRef.
Courts of appeals
Jabari Wamble 10th Cir. September 6, 2022January 3, 2023returned to the president D. Kan. (nominated February 27, 2023,
withdrawn May 30, 2023)
Richard Federico [6]
Michael Delaney 1st Cir. January 31, 2023WQMay 30, 2023withdrawn by Pres. Biden Seth Aframe [7]
Ryan Y. Park 4th Cir. July 8, 2024WQDecember 12, 2024withdrawn by Pres. Bidenvacancy rescinded [8]
District courts
William Pocan E.D. Wis. December 15, 2021WQJanuary 3, 2023returned to the president Byron B. Conway [9]
Jorge Alberto Rodriguez N.D.N.Y. July 13, 2022January 3, 2023returned to the president Anthony Brindisi [10]
Charnelle Bjelkengren E.D. Wash. September 19, 2022QJanuary 3, 2024returned to the president Rebecca L. Pennell [11] [12]
Todd E. Edelman D.D.C. September 27, 2022WQJanuary 3, 2024returned to the president Sparkle L. Sooknanan [13] [14]
Scott Colom N.D. Miss. November 15, 2022January 3, 2024returned to the presidentTBD [15] [16]
Marian Gaston S.D. Cal. January 23, 2023WQsm/QminJanuary 3, 2024returned to the presidentTBD [17]
Jabari Wamble D. Kan. February 27, 2023May 30, 2023withdrawn by Pres. BidenTBD [18]
Colleen Holland W.D.N.Y. September 11, 2023January 3, 2024returned to the president Meredith Vacca [19]

Supreme Court

Confirmed nominee

Appellate nominees

Confirmed nominees

United States Court of Appeals for the First Circuit

United States Court of Appeals for the Second Circuit

United States Court of Appeals for the Third Circuit

United States Court of Appeals for the Sixth Circuit

  • Rachel Bloomekatz (of Ohio): On May 25, 2022, President Joe Biden nominated Bloomekatz to serve as a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. [56] President Biden nominated Bloomekatz to the seat to be vacated by Judge R. Guy Cole Jr., who announced his intent to assume senior status upon confirmation of a successor. A hearing on her nomination was held before the Senate Judiciary Committee on June 22, 2022. During her confirmation hearing, Republican senators questioned her about gun control cases and the pro bono work that she had been involved with. [57] On August 4, 2022, the Senate Judiciary Committee was deadlocked on her nomination by a 10–10–2 vote. [58] [59] On January 3, 2023, her nomination was returned to the president; she was renominated later the same day. On February 9, 2023, her nomination was reported out of committee by an 11–10 vote. [40] On July 13, 2023, the Senate invoked cloture on her nomination by a 50–45 vote, with Senator Joe Manchin voting against the motion to invoke cloture on her nomination. [CL 5] On July 18, 2023, her nomination was confirmed by a 50–48 vote, with Senator Joe Manchin voting against confirmation of her nomination. [CV 6] [60]
  • Andre Mathis (of Tennessee): On November 17, 2021, President Biden announced his intent to nominate Mathis to serve as a United States circuit judge of the United States Court of Appeals for the Sixth Circuit; [61] his nomination was sent to the Senate the following day. President Biden nominated Mathis to the seat vacated by Judge Bernice B. Donald, who announced her intent to assume senior status upon confirmation of her successor. On January 3, 2022, his nomination was returned to the president; [62] he was renominated later the same day. On January 12, 2022, a hearing on his nomination was held before the Senate Judiciary Committee. During the hearing, Senator Marsha Blackburn said she had "serious concerns" about Mathis' experience and referenced his "rap sheet" due in part to three previous speeding tickets. [63] She stated, "He has a rap sheet with a laundry list of citations, including multiple failures to appear in court. In Tennessee, we expect our judges to respect the law. If Mr. Mathis thought he was above the law before, imagine how he'll conduct himself if he's confirmed as a federal judge." [64] Blackburn and fellow senator Bill Hagerty recommended an alternative pick, Camille McMullen, a Democratic appointee to the Tennessee Court of Criminal Appeals who is also Black. [65] On February 10, 2022, his nomination was reported favorably out of committee in a 12–10 vote. [66] [67] On September 7, 2022, the United States Senate invoked cloture on his nomination by a 48–45 vote. [CL 6] On September 8, 2022, the Senate confirmed his nomination by a 48–47 vote. [CV 7]
  • Kevin G. Ritz (of Tennessee): On March 20, 2024, President Joe Biden announced his intent to nominate Ritz to serve as a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. [68] His nomination drew opposition from Senator Marsha Blackburn, who said the White House had abandoned discussions with her and fellow Tennessee senator Bill Hagerty about finding a nominee for the position. [69] [70] On March 21, 2024, his nomination was sent to the Senate. President Biden nominated Ritz to the seat being vacated by Judge Julia Smith Gibbons, who announced her intent to assume senior status upon confirmation of a successor. [71] On April 17, 2024, a hearing on his nomination was held before the Senate Judiciary Committee. [72] During his hearing, Republican senators raised questions about an ethics complaint filed against Ritz during his time as an assistant United States attorney. In the case, the defense counsel accused Ritz of misrepresenting charges during a plea agreement in a criminal case. Ritz said he was unaware of the ethics complaint that had been filed against him. He was also questioned about why federal gun charges were not brought against a man allegedly involved in the fatal shooting of Memphis police officer Joseph McKinney. [73] On May 9, 2024, his nomination was favorably reported out of the Senate Judiciary Committee by an 11–10 party-line vote. [74] On September 12, 2024, the United States Senate invoked cloture on his nomination by a 49–42 vote, with Senator Kyrsten Sinema voting against the motion. [CL 7] On September 16, 2024, his nomination was confirmed by a 48–46 vote. [CV 8]

United States Court of Appeals for the Seventh Circuit

  • Nancy L. Maldonado: On February 21, 2024, President Joe Biden announced his intent to nominate Maldonado to serve as a circuit judge of the United States Court of Appeals for the Seventh Circuit. [68] On February 27, 2024, her nomination was sent to the Senate. President Biden nominated Maldonado to the seat being vacated by Judge Ilana Rovner, who announced her intent to assume senior status upon confirmation of a successor. [75] On March 20, 2024, a hearing on her nomination was held before the Senate Judiciary Committee. [76] During her confirmation hearing, she was questioned by Republican senators over her case backlog, as, with 125 motions having been pending for more than six months without a ruling, Maldonado held one of the largest case backlogs of any federal trial court judge in the nation. [77] On April 18, 2024, her nomination was favorably reported out of committee by an 11–10 party-line vote. [78] [79] On June 20, 2024, the Senate invoked cloture on her nomination by a 43–27 vote. [CL 8] On July 8, 2024, her nomination was confirmed by a 47–43 vote. [CV 9]

United States Court of Appeals for the Ninth Circuit

  • Lucy Koh (of California): On September 8, 2021, President Biden announced his intention to renominate Koh to be a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. [80] On September 20, 2021, her nomination was sent to the Senate. President Biden nominated Koh to the seat to be vacated by Judge Richard Paez, who announced his intent to assume senior status upon confirmation of a successor. On October 6, 2021, a hearing on her nomination was held before the Senate Judiciary Committee. During her hearing, Koh was criticized by Republicans senators for her decisions related to religious rights during the COVID-19 pandemic. [81] On October 28, 2021, her nomination was reported out of committee by a 13–9 vote. [82] On December 9, 2021, the U.S. Senate invoked cloture on her nomination by a 51–38 vote. [CL 9] On December 13, 2021, Koh was confirmed by a 50–45 vote. [CV 10] [83]
  • Anthony Johnstone (of Montana): On September 2, 2022, President Joe Biden announced his intent to nominate Johnstone to serve as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. [84] On September 6, 2022, his nomination was sent to the Senate. President Biden will nominate Johnstone to the seat to be vacated by Judge Sidney R. Thomas, who announced his intent to assume senior status upon confirmation of a successor. Senator Steven Daines of Montana opposed the nomination, claiming that Johnstone was too political and partisan to be a judge and claiming the White House had not adequately consulted him on the nomination. [85] [86] [87] [88] [89] On October 12, 2022, a hearing on his nomination was held before the Senate Judiciary Committee. He was sharply questioned about his views on election integrity and religious freedom issues. [90] On December 1, 2022, his nomination was reported out of committee by an 11–10 vote, with Senator Lindsey Graham passing on the vote. [38] On January 3, 2023, his nomination was returned to the president; he was renominated later the same day. On February 2, 2023, the committee were deadlocked on his nomination by a 10–10 vote, meaning that his nomination could not be advanced without a decisive vote to move forward because of the deadlocked vote. [91] On February 9, 2023, his nomination was reported out of committee by an 11–10 vote. [40] On April 27, 2023, the Senate invoked cloture on his nomination by a 50–45 vote. [CL 10] On May 1, 2023, his nomination was confirmed by a 49–45 vote. [CV 11]
  • Jennifer Sung (of Oregon): On June 30, 2021, President Biden announced his intent to nominate Sung to serve as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. [92] On July 13, 2021, her nomination was sent to the Senate. President Biden nominated Sung to the seat to be vacated by Judge Susan P. Graber, who announced her intent to assume senior status upon confirmation of a successor. On September 14, 2021, a hearing on her nomination was held before the Senate Judiciary Committee. During the hearing, Senators questioned her about her decision to sign a letter regarding Brett Kavanaugh's nomination to the U.S. Supreme Court. The letter accused Kavanaugh of being an "intellectually and morally bankrupt ideologue" and claimed that "people will die if he is confirmed". [93] Sung said she recognized that much of the letter's rhetoric "was overheated," but she did not disavow the letter or say "whether she thought Kavanaugh was indeed 'intellectually and morally bankrupt.'" [94] [95] [96] The Senate Judiciary Committee was deadlocked by a 10–10 vote. [97] [98] On November 3, 2021, the Senate discharged Sung's nomination from committee by a 49–49 vote, with Vice President Kamala Harris breaking the tie. [DS 2] On December 9, 2021, the U.S. Senate invoked cloture on her nomination by a 48–39 vote. [CL 11] On December 15, 2021, her nomination was confirmed by a 50–49 vote. [CV 12]

United States Court of Appeals for the Eleventh Circuit

  • Nancy Abudu (of Georgia): On December 23, 2021, President Joe Biden announced his intent to nominate Abudu to serve as a United States circuit judge of the United States Court of Appeals for the Eleventh Circuit. On January 10, 2022, her nomination was sent to the Senate. President Biden nominated Abudu to the seat vacated by Judge Beverly B. Martin, who retired on September 30, 2021. On April 27, 2022, a hearing on her nomination was held before the Senate Judiciary Committee. Her nomination attracted intense Republican opposition due to Abudu's work for the Southern Poverty Law Center, which has labeled some of the Judiciary Committee's Republican members as "white supremacists". [99] On May 26, 2022, the Judiciary Committee were deadlocked on her nomination by an 11–11 vote. [100] [101] On January 3, 2023, her nomination was returned to the president; she was renominated later the same day. On February 9, 2023, her nomination was reported out of committee by an 11–10 vote. [40] Abudu did not receive any Republican support in the committee vote because Republicans questioned whether her advocacy work would prevent her from being impartial on the bench. [99] On May 17, 2023, the Senate invoked cloture on her nomination by a 50–48 vote, with Senator Joe Manchin voting against the motion to invoke cloture of Abudu's nomination. [CL 12] It was the first time that Senator Manchin opposed a judicial pick. [102] On May 18, 2023, her nomination was confirmed by a 49–47 vote, with Senator Joe Manchin being the only Democrat to vote against her confirmation. [CV 13] [103] Senator Manchin's no vote was the first time any Democrat has opposed one of President Biden's judicial nominees on the Senate floor. [104]
  • Embry Kidd (of Florida): On May 8, 2024, President Joe Biden announced his intent to nominate Kidd to serve as a United States circuit judge of the United States Court of Appeals for the Eleventh Circuit. [105] On May 24, 2024, his nomination was sent to the Senate. [106] President Biden nominated Kidd to the seat being vacated by Judge Charles R. Wilson, who will assume senior status on December 31, 2024. [107] At first, Kidd was not expected to be controversial. On June 5, 2024, a hearing on his nomination was held before the Senate Judiciary Committee. [108] During his confirmation hearing, he was questioned by Republican Senators about his record and his views about a controversial law review article written by a law school classmate. [109] [110] On June 20, 2024, it was discovered that Kidd had withheld two overturned rulings from the U.S. Senate in which involved child sex crimes. Republicans accused Kidd of being deceptive and extreme in his views. [111] On July 11, 2024, his nomination was favorably reported out of the Senate Judiciary Committee by a party line 11–10 vote. [112] On November 14, 2024, the United States Senate invoked cloture on his nomination by a 49–44 vote, with Senator Joe Manchin voting against the motion. [113] On November 18, 2024, the Senate confirmed his nomination by a 49–45 vote. [114] He is awaiting his judicial commission.

Failed nominees

United States Court of Appeals for the First Circuit

  • Michael Delaney (of New Hampshire): On January 31, 2023, President Joe Biden nominated Delaney to serve as a United States circuit judge of the United States Court of Appeals for the First Circuit. He was nominated to the seat vacated by Judge Jeffrey R. Howard, who assumed senior status on March 31, 2022. On February 15, 2023, a hearing on his nomination was held before the Senate Judiciary Committee. During the hearing, Delaney received criticism from senators regarding his authoring and filing of a motion seeking to strip a minor female rape victim of anonymity as part of representation of a New Hampshire private school. [115] [116] The allegations were made by the victim of the 2015 assault in a letter to the panel. [117] The victim also wrote an opinion editorial in The Boston Globe saying Delaney "doesn't deserve to be a judge" and that supporting his nomination is equivalent to condoning "what Delaney and St. Paul's School put me and my family through". [115] Owen Labrie was 18 years old at the time he was accused of raping the then 15-year-old student. [118] Some Democrats had concerns about his nomination over his handling of the case. [119] Other Democrats and groups have expressed concern over a legal brief that defends a law related to abortion. [120] On May 3, 2023, it was reported that since 2018, Delaney had been a board member of the New England Legal Foundation as well as on their legal review committee. This foundation has opposed some of President Biden's positions on climate change, consumer protection, in addition to labor rights. [121] On May 18, 2023, Delaney asked that his nomination be withdrawn because of the bipartisan opposition. [122] [123] [124] On May 30, 2023, the White House officially withdrew his nomination. On May 20, 2024, Seth Aframe was confirmed to Howard's seat.

Stalled nominees

United States Court of Appeals for the Third Circuit

District court nominees

Confirmed nominees

United States District Court for the District of Colorado

  • Kato Crews: On February 22, 2023, President Joe Biden announced his intent to nominate Crews to serve as a United States district judge of the United States District Court for the District of Colorado. [141] On February 27, 2023, his nomination was sent to the Senate. President Biden nominated Crews to a seat to be vacated by Judge Raymond P. Moore, who assumed senior status on June 20, 2023. Crews is only the third magistrate judge to be nominated for a district court vacancy in Colorado. [142] On March 22, 2023, a hearing on his nomination was held before the Senate Judiciary Committee. During his confirmation hearing, he was unable to answer a question by Senator John Kennedy, in which he asked him what is The Brady Motion. [143] [144] His answers made some national news and some senators claimed that Crews didn't have the requisite knowledge to be a federal judge. [145] On May 11, 2023, his nomination was reported out of committee by an 11–10 party-line vote. [146] [147] [148] On January 10, 2024, the United States Senate invoked cloture on his nomination by a 51–47 vote, with Senator Kyrsten Sinema voting against the motion to invoke cloture on his nomination. [CL 13] Later that day, his nomination was confirmed by a 51–48 vote, with Senator Sinema voting against his confirmation. [CV 14]

United States District Court for the District of Columbia

  • Amir Ali: On January 10, 2024, President Joe Biden announced his intent to nominate Ali to serve as a United States district judge for the United States District Court for the District of Columbia. [149] On February 1, 2024, President Biden nominated Ali to a seat vacated by Judge Beryl Howell, who assumed senior status on February 1, 2024. [150] On February 8, a hearing on his nomination was held before the Senate Judiciary Committee. [151] During his hearing, Senator Lindsey Graham questioned him over his leadership of the MacArthur Center and statements made by the group's previous director, who said in 2020 that advocates for defunding police agencies were part of a "movement toward making police departments obsolete." Ali responded, "I do not believe law enforcement is or should be obsolete, or defunded." [152] On March 7, 2024, his nomination was reported out of committee by an 11–10 party-line vote. [153] On November 20, 2024, the United States Senate invoked cloture on his nomination by a 50–48 vote. [154] Later that day, his nomination was confirmed by a 50–49 vote. [155] Ali became the first Arab American federal judge to serve in D.C. [156] [157]

United States District Court for the District of Connecticut

United States District Court for the District of Massachusetts

  • Margaret R. Guzman: On July 13, 2022, President Joe Biden nominated Guzman to serve as a United States district judge of the United States District Court for the District of Massachusetts. President Biden nominated Guzman to the seat vacated by Judge Timothy S. Hillman, who assumed senior status on July 1, 2022. On September 21, 2022, a hearing on her nomination was held before the Senate Judiciary Committee. Conservatives and law enforcement attacked the nomination, claiming that she is reflexively pro-criminal defendant and pointing out that Guzman had acquitted all 149 defendants who appeared before her in bench trials on drunk driving charges while serving as a judge on Dudley District Court. [160] On December 1, 2022, her nomination was reported out of committee by a 12–10 vote. [38] On January 3, 2023, her nomination was returned to the president; she was renominated later the same day. On February 2, 2023, her nomination was reported out of committee by an 11–9 vote. [91] On February 28, 2023, the Senate invoked cloture on her nomination by a 49–48 vote, with the Vice President Kamala Harris voting for the affirmative. [CL 15] On March 1, 2023, her nomination was confirmed by a 49–48 vote, with the vice president casting the tie-breaking vote. [CV 16]

United States District Court for the Middle District of Pennsylvania

United States District Court for the Northern District of California

  • Eumi K. Lee: On July 27, 2023, President Joe Biden nominated Alameda County Superior Court Judge Lee to serve as a United States district judge of the United States District Court for the Northern District of California. President Biden nominated Lee to the seat vacated by Judge William Orrick III, who assumed senior status on May 17, 2023. [168] On September 6, 2023, a hearing on her nomination was held before the Senate Judiciary Committee. [169] During her confirmation hearing, Lee was questioned about her views on affirmative action and her prior membership on the board of the Asian Law Caucus who had previously supported the practice. [170] [171] In addition, Lee was questioned regarding past writings on the treatment of transgender, illegal immigrant, and women prisoners in California. [172] On November 9, 2023, her nomination was favorably reported out of committee by an 11–10 party-line vote. [172] [173] On November 13, 2023, her nomination was returned to the Judiciary Committee because of issues regarding proxy voting in committee. [174] On November 30, 2023, during the first committee vote, her nomination failed to be reported out of committee by an 10–0–9 vote with all committee Republicans in attendance not voting, along with Democratic Senator Chris Coons. In a second vote, her nomination was favorably reported out of committee by an 11–10 party-line vote. [45] On January 3, 2024, her nomination was returned to the president under Rule XXXI, Paragraph 6 of the United States Senate [175] and she was renominated on January 8, 2024. [47] On January 18, 2024, her nomination was favorably reported out of committee by an 11–10 party-line vote. [48] [49] On March 20, 2024, the Senate invoked cloture on her nomination by a 50–49 vote, with Senator Joe Manchin voting against the motion. [CL 17] Later that day, her nomination was confirmed by a 50–49 vote, with Senator Manchin voting against confirmation. [CV 18]

United States District Court for the District of Nevada

  • Anne Traum: On November 3, 2021, President Joe Biden announced his intent to nominate Traum to serve as a United States district judge of the United States District Court for the District of Nevada. [176] On December 15, 2021, a hearing on her nomination was held before the Senate Judiciary Committee. The confirmation hearings were particularly contentious when questioned by Senator John Kennedy of Louisiana. He asked nine separate times whether criminal misbehavior should be forgiven in the name of social justice without receiving a direct yes or no response. [177] On January 3, 2022, her nomination was returned to the president; [178] she was later renominated the same day. On January 20, 2022, her nomination was reported out of committee by a 12–10 vote. [179] On March 16, 2022, the United States Senate invoked cloture on her nomination by a 52–45 vote. [CL 18] On March 23, 2022, her nomination was confirmed by a 49–47 vote. [CV 19]

United States District Court for the District of New Jersey

United States District Court for the Eastern District of New York

  • Nusrat Jahan Choudhury: On January 19, 2022, President Joe Biden nominated Choudhury to serve as a United States district judge of the United States District Court for the Eastern District of New York. President Biden nominated Choudhury to the seat vacated by Judge Joseph F. Bianco, who was elevated to the United States Court of Appeals for the Second Circuit on May 17, 2019. A longtime lawyer for the ACLU, she immediately generated conservative objections. On April 27, 2022, a hearing on her nomination was held before the Senate Judiciary Committee. [184] During her confirmation hearing, she was asked whether she had said "the killing of unarmed Black men by police happens every day in America." Choudhury at first testified she was not sure she made that statement but then said that if she had she "said it in my role as an advocate." Her testimony caused several law enforcement groups, including the Fraternal Order of Police and the Sergeants Benevolent Association, to oppose her nomination. Two weeks after her hearing, Choudhury sent a letter to the Judiciary Committee denying that she had made the statement. Republicans on the Judiciary Committee requested a second hearing due to Choudhury's contradictory statements, but Senator Dick Durbin rejected the request for a second hearing. [185] On May 26, 2022, her nomination was reported out of the committee by a 12–10 vote. [186] On January 3, 2023, her nomination was returned to the president; she was renominated later the same day. On February 9, 2023, her nomination was reported out of committee by an 11–10 vote. [40] On June 14, 2023, the Senate invoked cloture on her nomination by a 50–47 vote. [CL 19] On June 15, 2023, her nomination was confirmed by a 50–49 vote, [CV 22] with Senator Joe Manchin voting against confirmation because her "previous statements call into question her ability to be unbiased towards the work of our brave law enforcement." [187]

United States District Court for the Southern District of New York

  • Jennifer H. Rearden: On May 4, 2020, President Donald Trump nominated her to a seat on the same court as part of a bipartisan package of nominees. [188] She was renominated On January 19, 2022, by President Joe Biden to serve as a United States district judge of the United States District Court for the Southern District of New York. [189] [190] Rearden's nomination was criticized by Congresswoman Rashida Tlaib, who brought up Rearden's controversial role in the prosecution of Steven Donziger. Rearden represented Chevron in its countersuit against Donziger, an environmental lawyer who brought a class action case against Chevron related to environmental damage and health effects caused by oil drilling. [191] On March 2, 2022, a hearing on her nomination was held before the Senate Judiciary Committee. On April 4, 2022, her nomination was reported out of committee by a 22–0 vote, which marked the only time to date that certain Republican senators voted for a Biden judicial nominee (namely Cruz, Lee, Cotton, Hawley and Blackburn). [55] On September 8, 2022, the United States Senate confirmed her nomination by a voice vote. [192] After the Senate confirmed her nomination, U.S. Senator Elizabeth Warren announced that she would have voted against her nomination if the Senate proceeded to a roll call vote on Rearden's nomination. [193]
  • Dale Ho: On September 30, 2021, President Biden nominated Ho to serve as a United States district judge of the United States District Court for the Southern District of New York, [194] to the seat vacated by Judge Katherine B. Forrest, who resigned on September 11, 2018. On December 1, 2021, a hearing on his nomination was held before the Senate Judiciary Committee. During his confirmation hearing, Ho apologized for his "overheated rhetoric" on social media, which included past tweets critical of three Republican members of the Senate Judiciary Committee, Marsha Blackburn, Mike Lee, and Tom Cotton. [195] He was questioned by senators over a tweet in which he appeared to refer to himself as a "wild-eyed sort of leftist"; he explained that he was "referring to a caricature of the way other people may have described me, not how I would describe myself." [196] A resurfaced video from 2018 showed Ho calling the U.S. Senate and the Electoral College "undemocratic" and arguing that voting should be made easier and that people with criminal convictions should not lose the right to vote. [197] The conservative Judicial Crisis Network launched a $300,000 television ad campaign against Ho (the group's first TV campaign against a Biden judicial nominee); [198] in response, progressive group Demand Justice launched a six-figure ad campaign in support of Ho. [199] On January 3, 2022, his nomination was returned to the president; [200] he was later renominated the same day. On January 20, 2022, his nomination was deadlocked by an 11–11 vote. [179] On January 3, 2023, his nomination was once again returned to the president and he was renominated later the same day. On February 9, 2023, his nomination was reported out of committee by an 11–10 vote. [40] On June 1, 2023, Majority Leader Chuck Schumer filed a cloture motion on his nomination, but on June 7, 2023, it was withdrawn because of attendance issues. [201] [202] On June 14, 2023, the Senate invoked cloture on his nomination by a 50–49 vote. [CL 20] Senator Joe Manchin was the only Democrat to vote against the motion to invoke cloture and the confirmation of Ho's nomination. [203] [204] Later that same day, his nomination was confirmed by a 50–49 vote. [CV 23] [205] [206] [207] Ho is only the second ACLU lawyer to be confirmed directly to the federal bench as an Article III judge after Ruth Bader Ginsburg. [208] [209]

United States District Court for the District of Oregon

  • Mustafa T. Kasubhai: On September 6, 2023, President Joe Biden announced his intent to nominate Kasubhai to serve as a United States district judge of the United States District Court for the District of Oregon. [161] On September 18, 2023, his nomination was sent to the Senate. President Biden nominated Kasubhai to the seat being vacated by Judge Ann Aiken, who subsequently assumed senior status on December 29, 2023. [210] On October 4, 2023, a hearing on his nomination was held before the Senate Judiciary Committee. [211] During his contentious confirmation hearing, Republican senators sharply questioned him over a ruling that he made in 2020 regarding the George Floyd protests and his statements and writings about diversity, equity, and inclusion. [212] Kasubhai was also questioned on guidance he created for the use of preferred pronouns and honorifics in his courtroom and whether he required them to be stated in his court room, and whether he was a Marxist based on his past writings. [172] On November 2, 2023, Senator John Kennedy accused of Kasubhai of lying in his written responses to questions and charged that he was unqualified to be a federal judge. [213] During the same meeting, the Judiciary Committee unexpectedly held over the nomination until their next business meeting. [172] On November 9, 2023, his nomination was reported out of committee by an 11–10 vote. [173] [214] On November 13, 2023, his nomination was returned to the Judiciary Committee because of issues regarding proxy voting in committee. [174] On November 30, 2023, his nomination was favorably reported out of the Senate Judiciary Committee by an 11–0–8 vote with all committee Republicans in attendance not voting. [45] On January 3, 2024, his nomination was returned to the president under Rule XXXI, Paragraph 6 of the United States Senate [215] and he was renominated on January 8, 2024. [47] On January 18, 2024, his nomination was reported out of committee by an 11–10 party-line vote. On November 19, 2024, the Senate invoked cloture on his nomination by a 51–43 vote. [CL 21] Later that day, his nomination was confirmed by a 51–44 vote. [CV 24]

United States District Court for the Western District of Washington

  • John H. Chun: On September 30, 2021, President Joe Biden announced his intent to nominate Chun to serve as a United States district judge of the United States District Court for the Western District of Washington. President Biden nominated Chun to the seat vacated by Judge James Robart, who assumed senior status on June 28, 2016. Chun was attacked for his stance on Grutter v. Bollinger when he supported the right of universities to practice affirmative action and the utilization of race in regards to admissions and rejections. [216] [217] On November 17, 2021, a hearing on his nomination was held before the Senate Judiciary Committee. On December 16, 2021, his nomination was reported out of committee. [218] On January 3, 2022, his nomination was returned to the president; [218] he was later renominated the same day. On January 20, 2022, his nomination was reported out of committee by a 12–10 vote. [179] On March 16, 2022, the Senate invoked cloture on his nomination by a 50–45 vote. [CL 22] On March 23, 2022, his nomination was confirmed by a 49–47 vote. [CV 25]

Stalled nominees

United States District Court for the Southern District of New York

Failed nominees

United States District Court for the District of Columbia

  • Todd E. Edelman: On July 29, 2022, President Joe Biden announced his intent to nominate Edelman to serve as a United States district judge of the United States District Court for the District of Columbia. On September 27, 2022, his nomination was sent to the Senate. President Biden nominated Edelman to the seat vacated by Judge Florence Y. Pan, who was elevated to the United States Court of Appeals for the District of Columbia Circuit. On November 15, 2022, a hearing on his nomination was held before the Senate Judiciary Committee. Republicans attacked Edelman for having released Christian Wingfield with an ankle monitor while he was awaiting trial for illegal possession of a firearm; Wingfield's lawyer had petitioned the court for his release because of the coronavirus pandemic. [225] Shortly after his release, Wingfield was present at a shooting at a Fourth of July cookout during which an 11-year-old boy was killed by a stray bullet fired by another man. [226] [227] On January 3, 2023, Edelman's nomination was returned to the president. He was renominated on January 23, 2023. On February 9, 2023, his nomination was reported out of committee by an 11–10 party-line vote. [40] On January 3, 2024, his nomination was once again returned to the president. [228]

United States District Court for the Southern District of California

  • Marian Gaston: On December 21, 2022, President Joe Biden announced his intent to nominate Gaston to serve as a United States district judge of the United States District Court for the Southern District of California. On January 23, 2023, her nomination was sent to the Senate. President Biden nominated Gaston to the seat vacated by Judge William Q. Hayes, who assumed senior status on August 1, 2021. A former public defender, Gaston was accused of having a pro-criminal and anti-public safety bias who would reflexively favor criminal defendants. A paper she co-authored in 2007 expressed the opinion that registered sex offenders should not be subject to residency restrictions and should be allowed to live near churches, schools, and day care centers. [229] Senator Alex Padilla and other Democrats accused Gaston's critics of misconstruing Gaston's record. [230] On February 15, 2023, a hearing on her nomination was held before the Senate Judiciary Committee. On May 11, 2023, her nomination was reported out of committee by an 11–10 party-line vote. [146] [230] Her nomination was returned to the president on January 3, 2024, and she asked not to be renominated. [231]

United States District Court for the District of Kansas

  • Jabari Wamble: On February 22, 2023, President Biden announced his intent to nominate Wamble to serve as a United States district judge of the United States District Court for the District of Kansas. [232] [233] On February 27, 2023, his nomination was sent to the Senate. Biden nominated Wamble to the seat vacated by Judge Julie A. Robinson, who assumed senior status on January 14, 2022. Senators Jerry Moran and Roger Marshall withheld their support of Wamble's nomination because of a lack of clarity over who would succeed to the seat at the Tenth Circuit. [234] On May 23, 2023, Wamble asked that the Biden administration withdraw his nomination. There were fears that the American Bar Association would rate him "not qualified." [235] [236] The U.S. Attorney's office in Kansas was held in contempt of court for failing to cooperate with an investigation in which prosecutors accessed confidential phone calls between attorneys and clients at Leavenworth Detention Center. Wamble was involved in the case and reportedly offered conflicting statements regarding how he handled one of the recordings, resulting in criticism of Wamble. [237] On May 30, 2023, the White House officially withdrew his nomination.

United States District Court for the Northern District of Mississippi

  • Scott Colom: On November 15, 2022, President Biden nominated Colom to serve as a United States district judge of the United States District Court for the Northern District of Mississippi. Colom received the support from Senator Roger Wicker, but on April 4, 2023, Mississippi's other senator, Cindy Hyde-Smith, announced she would not support it. [238] In a public statement, Hyde-Smith cited Colom's support for letting transgender students participate in girls' and women's sports and cited campaign support from a PAC that received funding from George Soros. [239] On April 10, 2023, he wrote a letter to Senator Hyde-Smith asking her to reconsider her opposition to his nomination. [240] [241] In the letter, Colom stated that he did not request the money from the PAC, did not know the money would be contributed, and did not receive any money from the PAC when he was re-elected in 2019. [242] The letter also stated that he never discussed his policies or any decisions he made as District Attorney with anyone from the PAC or with Soros. [242] The letter also disputed that Colom had ever taken a position on letting transgender students participate in girls' and women's sports; instead, he said he had signed onto a letter with other District Attorneys condemning the criminalization of gender affirming surgery. [242] As of December 2023, his nomination was still stalled despite bipartisan support from Congressman Thompson, Senator Wicker and former governors Phil Bryant and Haley Barbour. [243] On January 3, 2024, his nomination was returned to the president. [244]

United States District Court for the Northern District of New York

  • Jorge Alberto Rodriguez: On July 13, 2022, President Joe Biden nominated Rodriguez to serve as a United States district judge of the United States District Court for the Northern District of New York. President Biden nominated Rodriguez to the seat vacated by Judge David N. Hurd, who would assume senior status upon confirmation of a successor. The day after President Biden nominated Rodriguez of Clifton Park, an Albany-based assistant attorney general, Hurd wrote another letter to President Biden. In the letter, Hurd wrote "Please be advised that I immediately rescind my decision to take senior status as a United States District Judge for the Northern District of New York. I will take senior status if a confirmed successor lives in this area and is permanently assigned to the United States Courthouse in Utica, New York. Otherwise, I shall remain on full-time active status until I retire or die." [245] On August 8, 2022, Kirsten Gillibrand's chief of staff Jess Fassler said "It has always been the expectation that Judge Hurd's successor would sit in the Utica courthouse, and Jorge Rodriguez has committed to doing so." [246] [247] On August 10, 2022, Judge Hurd wrote a letter to Biden to officially rescind his senior status and remain in active service. [248] On January 3, 2023, his nomination was returned to the president. [249] On March 27, 2024, Hurd wrote a new letter to Biden stating that he intended to take senior status upon confirmation of a successor. The news of his decision coincided with an announcement from the Administrative Office of the U.S. Courts that "there is no plan to close the courthouse" in Utica. [250] The seat was ultimately filled by former Congressman Anthony Brindisi, who was confirmed on December 4, 2024.

United States District Court for the Western District of New York

United States District Court for the Eastern District of Washington

United States District Court for the Eastern District of Wisconsin

Other courts

Failed nominees

District of Columbia Court of Appeals

See also

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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
    ABA ratings for the 117th Congress
    ABA ratings for the 118th Congress
Discharge Votes
  1. "On the Motion to Discharge (Motion to Discharge: Arianna J. Freeman, to be U.S. Circuit Judge for the Third Circuit from the Committee on the Judiciary)". Washington, D.C.: United States Senate. June 22, 2022. Retrieved June 23, 2022.
  2. "On the Motion to Discharge (Motion to Discharge: Jennifer Sung to be U.S. Circuit Judge for the Ninth Circuit from the Committee on the Judiciary)". Washington, D.C.: United States Senate. November 3, 2021. Retrieved November 3, 2021.
Cloture Votes
  1. "On the Cloture Motion (Motion to Invoke Cloture: Julie Rikelman to be United States Circuit Judge for the First Circuit)". United States Senate. June 15, 2023. Retrieved June 15, 2023.
  2. "On the Cloture Motion (Motion to Invoke Cloture: Seth Robert Aframe to be United States Circuit Judge for the First Circuit)". United States Senate. May 16, 2024. Retrieved May 16, 2024.
  3. "On the Cloture Motion (Motion to Invoke Cloture: Eunice C. Lee to be U.S. Circuit Judge for the Second Circuit)". United States Senate . August 5, 2021. Retrieved August 5, 2021.
  4. "On the Cloture Motion (Motion to Invoke Cloture: Arianna J. Freeman to be U.S. Circuit Judge for the Third Circuit)". United States Senate . September 12, 2022. Retrieved September 12, 2022.
  5. "On the Cloture Motion (Motion to Invoke Cloture: Rachel Bloomekatz to be United States Circuit Judge for the Sixth Circuit)". United States Senate. July 13, 2023. Retrieved July 13, 2023.
  6. "On the Cloture Motion (Motion to Invoke Cloture: Andre B. Mathis to be U.S. Circuit Judge for the Sixth Circuit)". United States Senate . September 7, 2022. Retrieved September 7, 2022.
  7. "On the Cloture Motion (Motion to Invoke Cloture: Kevin Gafford Ritz to be U.S. Circuit Judge for the Sixth Circuit)". United States Senate. September 12, 2024. Retrieved September 12, 2024.
  8. "On the Cloture Motion (Motion to Invoke Cloture: Nancy L. Maldonado to be U.S. Circuit Judge for the Seventh Circuit)". United States Senate. June 20, 2024. Retrieved June 20, 2024.
  9. "On the Cloture Motion (Motion to Invoke Cloture: Lucy Haeran Koh to be U.S. Circuit Judge for the Ninth Circuit)". United States Senate . December 9, 2021. Retrieved December 9, 2021.
  10. "On the Cloture Motion (Motion to Invoke Cloture: Anthony Devos Johnstone to be United States Circuit Judge for the Ninth Circuit)". United States Senate. April 27, 2023. Retrieved April 27, 2023.
  11. "On the Cloture Motion (Motion to Invoke Cloture: Jennifer Sung to be U.S. Circuit Judge for the Ninth Circuit)". United States Senate . December 9, 2021. Retrieved December 15, 2021.
  12. "On the Cloture Motion (Motion to Invoke Cloture: Nancy G. Abudu to be United States Circuit Judge for the Eleventh Circuit)". United States Senate. May 17, 2023. Retrieved May 17, 2023.
  13. "On the Cloture Motion (Motion to Invoke Cloture: S. Kato Crews to be U.S. District Judge for the District of Colorado)". United States Senate. January 10, 2024. Retrieved January 10, 2024.
  14. "On the Cloture Motion (Motion to Invoke Cloture: Sarah French Russel to be U.S. District Judge for the District of Connecticut)". United States Senate. November 19, 2024. Retrieved November 19, 2024.
  15. "On the Cloture Motion (Motion to Invoke Cloture: Margaret R. Guzman to be U.S. District Judge for the District of Massachusetts)". United States Senate. February 28, 2023. Retrieved February 28, 2023.
  16. "On the Cloture Motion (Motion to Invoke Cloture: Karoline Mehalchick to be U.S. District Judge for the Middle District of Pennsylvania)". United States Senate. January 31, 2024. Retrieved January 31, 2024.
  17. "On the Cloture Motion (Motion to Invoke Cloture: Eumi K. Lee to be U.S. District Judge for the Northern District of California)". United States Senate. March 20, 2024. Retrieved March 20, 2024.
  18. "On the Cloture Motion (Motion to Invoke Cloture: Anne Rachel Traum to be U.S. District Judge for the District of Nevada)". Washington, D.C.: United States Senate. March 16, 2022. Retrieved March 17, 2022.
  19. "On the Cloture Motion (Motion to Invoke Cloture: Nusrat Jahan Choudhury to be U.S. District Judge for the Eastern District of New York)". United States Senate. June 14, 2023. Retrieved June 14, 2023.
  20. "On the Cloture Motion (Motion to Invoke Cloture: Dale E. Ho to be United States District Judge for the Southern District of New York)". United States Senate. June 14, 2023. Retrieved June 14, 2023.
  21. "On the Cloture Motion (Motion to Invoke Cloture: Mustafa Taher Kasubhai to be United States District Judge for the District of Oregon.)". United States Senate. November 19, 2024. Retrieved November 19, 2024.
  22. "On the Cloture Motion (Motion to Invoke Cloture: John H. Chun to be U.S. District Judge for the Western District of Washington)". Washington, D.C.: United States Senate. March 16, 2022. Retrieved March 17, 2022.
Confirmation Votes
  1. "On the Nomination (Confirmation: Julie Rikelman, of Massachusetts, to be United States Circuit Judge for the First Circuit)". United States Senate. June 20, 2023. Retrieved June 20, 2023.
  2. "On the Nomination (Confirmation: Seth Robert Aframe, of New Hampshire, to be United States Circuit Judge for the First Circuit)". United States Senate. May 20, 2024. Retrieved May 20, 2024.
  3. "On the Nomination (Confirmation: Eunice C. Lee, of New York, to be U.S. Circuit Judge for the Second Circuit)". United States Senate . August 7, 2021. Retrieved August 7, 2021.
  4. "On the Nomination (Confirmation: Arianna J. Freeman, of Pennsylvania, to be United States Circuit Judge for the Third Circuit)". United States Senate . September 13, 2022. Retrieved September 13, 2022.
  5. "On the Nomination (Upon Reconsideration, Confirmation: Arianna J. Freeman, of Pennsylvania, to be U.S. Circuit Judge for the Third Circuit)". United States Senate . September 29, 2022. Retrieved September 29, 2022.
  6. "On the Nomination (Confirmation: Rachel Bloomekatz, of Ohio, to be United States Circuit Judge for the Sixth Circuit)". United States Senate. July 18, 2023. Retrieved July 18, 2023.
  7. "On the Nomination (Confirmation: Andre B. Mathis, of Tennessee, to be U.S. Circuit Judge for the Sixth Circuit)". senate.gov. September 8, 2022. Retrieved September 8, 2022.
  8. "On the Nomination (Confirmation: Kevin Gafford Ritz, of Tennessee, to be United States Circuit Judge for the Sixth Circuit)". United States Senate. September 16, 2024. Retrieved September 16, 2024.
  9. "On the Nomination (Confirmation: Nancy L. Maldonado, of Illinois, to be United States Circuit Judge for the Seventh Circuit)". United States Senate. July 8, 2024. Retrieved July 8, 2024.
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