United States presidents typically fill their Cabinets and other appointive positions with people from their own political party. The first Cabinet formed by the first president, George Washington, included some of Washington's political opponents, but later presidents adopted the practice of filling their Cabinets with members of the president's party. [1]
Appointments across party lines are uncommon. Presidents may appoint members of a different party to high-level positions in order to reduce partisanship or improve cooperation between the political parties. [2] Also presidents often appoint members of a different party because they need Senate confirmation for many of these positions, and at the time of appointment the Senate was controlled by the opposition party of the president. [2] Many of the cross-partisan nominees are often moderates within their own parties. [2]
This is a list of people appointed to high-level positions in the United States federal government by a president whose political party affiliation was different from that of the appointee. The list includes executive branch appointees and independent agency appointees. Independent or nonpartisan appointees, nominally apolitical appointments (such as Article III judges and military officers), and members of explicitly bipartisan commissions are not included. A third party member has never been appointed.
‡ Person was an appointee of the previous administration and was reappointed or retained by the President.
Speculation abounded over potential nominations to the Supreme Court of the United States by President George W. Bush since before his presidency.
The appointment of federal judges for United States federal courts is done via nomination by the President of the United States and confirmation by the United States Senate. The tables below provide the composition of all Article III courts which include the Supreme Court and the Courts of Appeals at the end of each four year presidential term, as well as the current compositions of the District Courts and the Court of International Trade, categorizing the judges by the presidential term during which they were first appointed to their seats.
Terrence William Boyle is a United States district judge of the United States District Court for the Eastern District of North Carolina. He was chief judge of that court from 1997 to 2004. He served a second term as chief judge from 2018 to 2021. From 1991 to 1993 and again from 2001 to 2007, he was a nominee to the United States Court of Appeals for the Fourth Circuit. His federal appellate nomination from 2001 to 2007 is the longest in history not to be acted upon by the United States Senate.
Diane Joyce Humetewa is a United States district judge of the United States District Court for the District of Arizona. Humetewa is the first Native American woman and the first enrolled tribal member to serve as a U.S. federal judge. She previously served as the United States Attorney for the District of Arizona from 2007 to 2009. Humetewa is also a Professor of Practice at Arizona State University's Sandra Day O'Connor College of Law.
During President Bill Clinton's first and second terms of office, he nominated 24 people for 20 federal appellate judgeships but the nominees were not processed by the Republican-controlled Senate Judiciary Committee. Three of the nominees who were not processed were nominated after July 1, 2000, the traditional start date of the unofficial Thurmond Rule during a presidential election year. Democrats claim that Senate Republicans of the 106th Congress purposely tried to keep open particular judgeships as a political maneuver to allow a future Republican president to fill them. Of the 20 seats in question, four were eventually filled with different Clinton nominees, fourteen were later filled with Republican nominees by President George W. Bush and two continued to stay open during Bush's presidency. Senator Harry Reid, the Democratic leader of the United States Senate during the 110th Congress, and Senator Patrick Leahy, the Democratic leader of the Senate Judiciary Committee under Reid, repeatedly mentioned the controversy over President Clinton's court of appeals nominees during the controversy involving the confirmation of Republican court of appeals nominees during the last two years of Bush's second term. Republicans claimed that Democrats were refusing to confirm certain longstanding Bush nominees in order to allow a future Democratic president in 2009 to fill those judgeships.
Paul Steven Diamond is a United States district judge of the United States District Court for the Eastern District of Pennsylvania and a former federal judicial nominee to be a judge on the United States Court of Appeals for the Third Circuit. He was appointed a federal judge by George W. Bush in 2004.
U.S. President Barack Obama nominated over 400 individuals for federal judgeships during his presidency. Of these nominations, Congress confirmed 329 judgeships, 173 during the 111th & 112th Congresses and 156 during the 113th and 114th Congresses.
Matthew William Brann is the chief United States district judge of the United States District Court for the Middle District of Pennsylvania.
Luis Felipe Restrepo, known commonly as L. Felipe Restrepo, is a United States circuit judge of the United States Court of Appeals for the Third Circuit and former United States district judge of the United States District Court for the Eastern District of Pennsylvania. He is a member of the United States Sentencing Commission.
Jeffrey Vincent Brown is a United States district judge for the United States District Court for the Southern District of Texas and a former justice of the Texas Supreme Court. He was appointed to the U.S. District Court by President Donald Trump.
John Milton Younge is a United States district judge of the United States District Court for the Eastern District of Pennsylvania.
On March 16, 2016, President Barack Obama nominated Merrick Garland for Associate Justice of the Supreme Court of the United States to succeed Antonin Scalia, who had died one month earlier. At the time of his nomination, Garland was the chief judge of the United States Court of Appeals for the District of Columbia Circuit.
With the advice and consent of the United States Senate, the president of the United States appoints the members of the Supreme Court of the United States, which is the highest court of the federal judiciary of the United States. Following his victory in the 2016 presidential election, Republican Donald Trump took office as president on January 20, 2017, and faced an immediate vacancy on the Supreme Court due to the February 2016 death of Associate Justice Antonin Scalia.
Donald Trump, President of the United States from 2017 to 2021, entered office with a significant number of judicial vacancies, 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. By June 24, 2020, 200 of his Article III nominees had been confirmed by the United States Senate. According to multiple media outlets, Trump significantly impacted the composition of the Supreme Court and lower courts during his tenure.
John Baylor Nalbandian is a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. He was previously a partner in the Cincinnati office of Taft Stettinius & Hollister.
Andrew Stephen Oldham is an American lawyer and jurist who serves as a United States circuit judge of the United States Court of Appeals for the Fifth Circuit. He previously was the general counsel to Texas Governor Greg Abbott.
Stephen Patrick McGlynn is a United States district judge of the United States District Court for the Southern District of Illinois.
California v. Texas, 593 U.S. 659 (2021), was a United States Supreme Court case that dealt with the constitutionality of the 2010 Affordable Care Act (ACA), colloquially known as Obamacare. It was the third such challenge to the ACA seen by the Supreme Court since its enactment. The case in California followed after the enactment of the Tax Cuts and Jobs Act of 2017 and the change to the tax penalty amount for Americans without required insurance that reduced the "individual mandate" to zero, effective for months after December 31, 2018. The District Court of the Northern District of Texas concluded that this individual mandate was a critical provision of the ACA and that, with a penalty amount equal to zero, some or all of the ACA was potentially unconstitutional as an improper use of Congress's taxation powers.